This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Security Group Six for the Security Group Six software that accompanies this EULA. An amendment or addendum to this EULA may accompany the Software. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE.
The terms and conditions of this EULA describe the permitted use and user(s) of each Evaluation or Licensed Copy of the Security Group Six software. For purposes of this EULA, if you have a valid single-copy license, you have the right to use a single "Licensed Copy" of the Security Group Six software.
Each Licensed Copy of the Security Group Six software may either be used by a single person who uses the software personally on one or more computers, or installed on a single workstation used nonsimultaneously by multiple people, but not both. This is not a concurrent use license.
All rights of any kind in the Security Group Six software which are not expressly granted in this EULA are entirely and exclusively reserved to and by Security Group Six. The Security Group Six software is protected by the United States copyright laws and other applicable laws and treaties. You may use, install and distribute the Security Group Six software solely as expressly provided in this EULA. You may not rent, lease, loan, sublicense, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on, the Security Group Six software, nor permit anyone else to do so. You may not make access to the Security Group Six software available to others in connection with a service bureau, application service provider, or similar business, nor permit anyone else to do so.
ANY AND ALL ACCOMPANYING SOFTWARE, FILES, DATA AND MATERIALS, ARE DISTRIBUTED AND PROVIDED "AS IS" AND WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SECURITY GROUP SIX DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR THE RESULTS OF THE USE OF, THE SECURITY GROUP SIX SOFTWARE. SECURITY GROUP SIX DOES NOT WARRANT THAT THE OPERATION OF THE SECURITY GROUP SIX SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE USE OF ANY PASSWORDS AND/OR ENCRYPTION FEATURES WILL BE EFFECTIVE IN PREVENTING THE UNINTENTIONAL DISCLOSURE OF INFORMATION CONTAINED IN ANY FILE. You acknowledge that good data processing procedure dictates that any program, including the Security Group Six software, must be thoroughly tested with non-critical data before there is any reliance on it, and you hereby assume the entire risk of all use of the copies of the Security Group Six software covered by this EULA. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS END-USER LICENSE AGREEMENT.
EXCEPT TO THE EXTENT EXPRESSLY PROHIBITED BY APPLICABLE STATUTES, SECURITY GROUP SIX SHALL NOT BE LIABLE FOR ANY DAMAGE OR FINANCIAL LOSS ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SECURITY GROUP SIX SOFTWARE. ANY LIABILITY OF SECURITY GROUP SIX WILL BE LIMITED EXCLUSIVELY TO REFUND OF THE LICENSE FEE PAID TO SECURITY GROUP SIX. EXCEPT TO THE EXTENT EXPRESSLY PROHIBITED BY APPLICABLE STATUTES, IN NO EVENT SHALL SECURITY GROUP SIX, OR ITS PRINCIPALS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR PARENT ORGANIZATIONS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER RELATING TO THE USE OF THE SECURITY GROUP SIX SOFTWARE, OR TO YOUR RELATIONSHIP WITH SECURITY GROUP SIX, (INCLUDING, WITHOUT LIMITATION, LOSS OR DISCLOSURE OF DATA OR INFORMATION, LOSS OF PROFIT, REVENUE, BUSINESS OPPORTUNITY OR BUSINESS ADVANTAGE, OR BUSINESS INTERRUPTION), WHETHER BASED UPON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, CONTRIBUTION, INDEMNITY, OR ANY OTHER LEGAL THEORY OR CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, IN NO EVENT DOES SECURITY GROUP SIX AUTHORIZE YOU OR ANYONE ELSE TO USE THE SECURITY GROUP SIX SOFTWARE IN APPLICATIONS OR SYSTEMS WHERE THE SECURITY GROUP SIX SOFTWARE'S FAILURE TO PERFORM CAN REASONABLY BE EXPECTED TO RESULT IN A SIGNIFICANT PHYSICAL INJURY, OR IN LOSS OF PROPERTY, OR IN LOSS OF LIFE. ANY SUCH USE IS ENTIRELY AT YOUR OWN RISK, AND YOU AGREE TO HOLD SECURITY GROUP SIX HARMLESS FROM ANY AND ALL CLAIMS OR LOSSES RELATING TO SUCH UNAUTHORIZED USE.
The Security Group Six software is subject to certain export restrictions of the United States Government. If you are (a) in a country to which export from the United States is restricted for anti-terrorism reasons, or a national of any such country, wherever located, (b) in a country to which the United States has embargoed or restricted the export of goods or services, or a national of any such country, wherever located, or (c) a person or entity who has been prohibited from participating in United States export transactions by any agency of the United States Government, then you may not install, download, access, use, or license the Security Group Six software. By accepting this License, you warrant and represent to Security Group Six that (1) you do not match the criteria set forth in (a), (b), or (c) above, (2) that you will not export or re-export the Security Group Six software to any country, person, or entity subject to U.S. export restrictions, including those persons and entities that match the criteria set forth in (a), (b), or (c) above, and (3) that neither the United States Bureau of Industry and Security, nor any other U.S. federal agency, has suspended, revoked, or denied your export privileges.
Copyright © 2004 Security Group Six. All rights reserved.