You are downloading the installer for SpywareBlaster(TM) (along with the other items noted below, the "SOFTWARE PACKAGE"). The SOFTWARE PACKAGE includes the SpywareBlaster application, associated documentation and an associated database. Installation and use of the SOFTWARE PACKAGE is expressly made subject to your acceptance of the terms and conditions set forth below.
SOFTWARE PACKAGE Terms and Conditions
Please read this document carefully. This is the Software Licensing Agreement (the "Agreement") pursuant to which you (the ôLICENSEEö) may download, install and use the software, associated documentation and associated database files identified above (the "SOFTWARE PACKAGE"). Installation and use of the SOFTWARE PACKAGE is absolutely conditioned upon your acceptance and assent to the terms and conditions contained herein. This Agreement cannot be waived, varied, modified or amended in any manner except in writing by Javacool Software LLC (the ôLICENSORö). Any portion deemed invalid or unenforceable shall be struck and the remainder of this Agreement shall continue to be effective and binding.
IF YOU CANNOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THE BUTTON INDICATING NON-ACCEPTANCE MUST BE SELECTED AND YOU MUST NOT PROCEED WITH INSTALLATION AND/OR USE OF THE SOFTWARE PACKAGE.
FREEWARE USE:
The SOFTWARE PACKAGE is licensed as freeware to FREEWARE LICENSEES only. As used herein "FREEWARE LICENSEES" shall be LICENSEES who are individuals and using the SOFTWARE PACKAGE for personal or educational use as well as LICENSEES who are entities deemed by LICENSOR in its discretion to be: registered charities, public libraries, elementary or secondary schools, or degree-granting undergraduate and post-graduate community colleges, colleges, and universities. Subject to the terms and conditions of this Agreement, LICENSOR hereby grants and FREEWARE LICENSEE hereby accepts a non-exclusive, non-transferable, annual and renewable right and license to install and use the SOFTWARE PACKAGE, for personal or educational use only. All other uses and users not expressly described above as FREEWARE LICENSEES must be licensed pursuant to the Business Use license below.
BUSINESS USE:
Licenses to use the SOFTWARE PACKAGE for any LICENSEE not expressly described as a FREEWARE LICENSEE above ("Business Use") require the payment of associated fees. Business Use of the SOFTWARE PACKAGE without an appropriate license is prohibited. Information on obtaining a license can be found at www.javacoolsoftware.com/sbbusiness.html. Use pursuant to paid-licenses for Business Use will be subject to the terms and conditions set forth herein.
1. General License Terms and Conditions:
By installing and using the SOFTWARE PACKAGE and/or each time you agree to be bound by the terms and conditions of this Agreement, you are stating to LICENSOR that you personally: (i) are either acting on your own behalf as an individual or (ii) have been authorized by your employer or principal to enter into this Agreement as binding on your employer or principal and all end-users for such LICENSEE entity.
LICENSEE shall use the SOFTWARE PACKAGE solely for LICENSEE's internal use and shall not allow access by or the use of the SOFTWARE PACKAGE for the benefit, direct or indirect, of any third party. LICENSEE may not assign either this Agreement or the license granted herein. The SOFTWARE PACKAGE may not be disclosed, sublicensed, published, released, or transferred to another party by LICENSEE, without the prior written consent of LICENSOR. No transfer of ownership is intended by this Agreement. All rights not expressly granted to LICENSEE in this Agreement are reserved by LICENSOR.
Where applicable, the SOFTWARE PACKAGE may only be used with the databases provided by LICENSOR and/or updated through the SOFTWARE PACKAGE (whether automatically or manually) ("DATABASES"), and such DATABASES may only be used with the SOFTWARE PACKAGE with which such DATABASES are associated. LICENSEE may only use the DATABASES in the form which LICENSOR provides and LICENSEE may not update, modify, delete, add to, excerpt or disclose the contents of such DATABASES except through the SOFTWARE PACKAGE, or as otherwise instructed by LICENSOR. Time limited subscriptions to automatic updating of the DATABASES, renewable with the payment of recurring subscription fees, may be purchased separately from LICENSOR. This automatic update functionality is included in the relevant SOFTWARE PACKAGE, but is disabled and may be enabled/unlocked only with the input of unlock codes to be provided with your payment of a non-refundable subscription fee. The automatic update functionality, when purchased, is authorized solely for the specific machine on which the SOFTWARE PACKAGE is installed at the time the automatic update subscription is purchased. Such authorization is not transferrable to any other machine and subscriptions to automatic updating functionality must be purchased for each computer on which the SOFTWARE PACKAGE with automatic updating functionality is to be executed.
Without the LICENSOR's prior written consent, LICENSEE may not: (1) Modify or create any derivative works of the SOFTWARE PACKAGE or its components; (2) Decompile, disassemble, reverse engineer, reduce the SOFTWARE PACKAGE to perceptible form, or otherwise attempt to learn the source code, structure, algorithms or ideas underlying the SOFTWARE PACKAGE (except to the extent applicable laws specifically prohibit such restriction); (3) Sell, distribute or otherwise make available the SOFTWARE PACKAGE or components thereof, or this license, in any way; or (4) Remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the SOFTWARE PACKAGE.
Any rights that are not expressly granted by this Agreement shall not be implied and are reserved by the LICENSOR. The license granted pursuant to this Agreement authorizes or permits only the use of the SOFTWARE PACKAGE that is expressly provided herein. No transfer of ownership is intended by this Agreement.
2. Disclaimer of Warranties and Limitations of Liability:
THIS SOFTWARE PACKAGE IS PROVIDED ON AN 'AS IS' BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR FOR ANY SPECIFIC PURPOSE, INCLUDING WITHOUT LIMITATION THE WARRANTIES THAT IT IS FREE OF DEFECTS, ABLE TO OPERATE ON AN UNINTERRUPTED OR ERROR-FREE BASIS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
The conditions of your use of the SOFTWARE PACKAGE, including but not limited to variables of operating system and application configuration, as well as the ways in which remote third party resources may load, display or retrieve information to or from your computer, are beyond LICENSOR's control. Through the use of the SOFTWARE PACKAGE you are changing important information and files on your computer (including without limitation registry settings), as well as changing the way those files, and your computer, interact, retrieve, load or display information, either on the computer or remotely. You download and use the SOFTWARE PACKAGE at your own discretion and risk and are solely responsible for your own use of the SOFTWARE PACKAGE. You understand and agree that you are solely responsible for any damages to your computer system or loss of data that results from the download or use of the SOFTWARE PACKAGE. You acknowledge that your use of the SOFTWARE PACKAGE may disable third party applications and functionality, some of which you may be required to use in order to continue to be eligible to use third party services or software. You must verify for yourself whether a specific use of the SOFTWARE PACKAGE will leave you in breach of your obligations to third parties and LICENSOR shall not be liable for any claim or action arising out of such breach. All information is given without warranty or guarantee. Except as expressly set forth otherwise herein, you assume and hereby expressly release LICENSOR from all liability, in tort, contract or otherwise, incurred in connection with the use of LICENSOR's products, technical assistance and information. LICENSOR does not assume liability for errors, malfunctions, defects, or omissions in the SOFTWARE PACKAGE.
NEITHER LICENSOR NOR ANY INDIVIDUAL OR ANY PARTY RESELLING OR DISTRIBUTING THE SOFTWARE PACKAGE, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS AND EMPLOYEES (EACH AN "INDEMNIFIED PARTY"), SHALL BE LIABLE TO LICENSEE UNDER ANY CIRCUMSTANCES FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES INCLUDING WITHOUT LIMITATION DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE PACKAGE AND ANY MALFUNCTIONS, FROM OR RELATED TO USE OR MISUSE OF AND RELIANCE ON THE SOFTWARE PACKAGE, FROM INABILITY TO USE THE SOFTWARE PACKAGE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SOFTWARE PACKAGE, FROM DELAYS, LOSS OF DATA, LOSS OF PROFIT, INTERRUPTION OF SERVICE, OR LOSS OF BUSINESS OR ANTICIPATORY PROFITS, ECONOMIC LOSS, LOSS OF BUSINESS OPPORTUNITY, OR LOSS OF BUSINESS REVENUE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF LICENSOR AND/OR A PARTY RELATED TO LICENSOR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) AND NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
The parties hereto acknowledge and agree that individuals or parties reselling or distributing the SOFTWARE PACKAGE and each of their successors and assigns are third party beneficiaries of the provisions of limitation of liability provisions of this Agreement, and that such provisions shall inure to the benefit of and be enforceable by individuals or parties reselling or distributing the SOFTWARE PACKAGE and their successors and assigns.
Nothing in this Agreement shall be construed as: (i) a warranty or representation by LICENSOR as to the validity, enforceability or scope of any LICENSOR intellectual property; or (ii) a warranty or representation that anything made, distributed, used, sold, or otherwise disposed of pursuant to this Agreement is or will be free from infringement of patents or other intangible rights of third parties.
THIS DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITIES CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE SOFTWARE PACKAGE IS AUTHORIZED HEREUNDER EXCEPT UNDER THESE DISCLAIMERS AND LIMITATIONS.
3. Third Party Software:
Certain LICENSOR SOFTWARE PACKAGES are designed to be executed in conjunction with third party software which is not owned by or affiliated with LICENSOR. Details on third party software requirements and/or compatibility may be found on the www.javacoolsoftware.com website. LICENSEE shall be responsible, at its sole cost and expense, for obtaining, installing and using the appropriate third party licenses and maintenance as needed to operate the SOFTWARE PACKAGE.
4. Proprietary Property:
You acknowledge that the SOFTWARE PACKAGE constitutes valuable proprietary assets and trade secrets of LICENSOR and that any additional information, written materials, documents, flow charts, logic diagrams, source code, test materials, and the like relating in any way to the SOFTWARE PACKAGE are also proprietary to LICENSOR. LICENSOR holds and shall hold sole and exclusive ownership of all right, title, and interest in any patent, trademark, or copyright secured for the SOFTWARE PACKAGE, subject only to the rights and privileges expressly granted to the you in this Agreement. You agree to use the SOFTWARE PACKAGE only as provided in this Agreement. You further agree to protect the SOFTWARE PACKAGE and any additional information, written materials, flow charts, logic diagrams, source code, test materials, and the like relating in any way to the SOFTWARE PACKAGE from unauthorized disclosure by your agents, employees, or customers, if any.
5. Limited Permission to Copy:
You may make copies of the SOFTWARE PACKAGE for backup purposes, or give the SOFTWARE PACKAGE to individual friends for personal and educational use IF AND ONLY IF ALL FILES REMAIN UNCHANGED AND INTACT, AND NO FILES ARE ADDED.
If you wish to mirror this SOFTWARE PACKAGE, or include it on any compilation medium, you must request permission from LICENSOR by sending an e-mail to the address listed on the Contact page of www.javacoolsoftware.com. You may NOT include this SOFTWARE PACKAGE on any compilation mediums where you charge more than the cost of the medium itself (i.e. you may not charge for this SOFTWARE PACKAGE, but you may recoup the cost of the CD-ROM or other media it is placed on). ALL FILES MUST REMAIN UNCHANGED AND INTACT, AND NO FILES MAY BE ADDED TO THIS DISTRIBUTION.
6. Indemnification:
LICENSEE agrees to indemnify and hold harmless LICENSOR, its directors, officers and employees, for all claims relating to the SOFTWARE PACKAGE, including, but not limited to LICENSOR technical support or updates or enhancements to the SOFTWARE PACKAGE, including causes of action sounding in contract, tort, or strict liability, brought against the LICENSOR by virtue of LICENSORÆS supplying the SOFTWARE PACKAGE to the LICENSEE. LICENSEE further agrees to pay reasonable attorneyÆs fees incurred by LICENSOR in defending such claims or causes of action.
7. Miscellaneous:
This Agreement shall be governed pursuant to the laws of the Commonwealth of Pennsylvania and any dispute in connection with this Agreement shall be resolved in the State or Federal Courts of the Commonwealth of Pennsylvania, each party submitting to the jurisdiction and venue of such court. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. The failure of LICENSOR to enforce, in any one or more instances, any of the terms and conditions of the Agreement, shall not be construed as a waiver of the future performance of any such term or condition.
9. U.S. Government Restricted Rights.
The SOFTWARE PACKAGE and related documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in subparagraph (c)(I)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable. Contractor/manufacturer is Javacool Software LLC, contact information available on the Contact page of www.javacoolsoftware.com.
YOU ARE ADVISED TO PRINT OUT A COPY OF THIS LEGAL AGREEMENT FOR YOUR OWN RECORDS.
