PC World 2005 September/PCWorld_2005-09_cd.bin/software/komercni/spyware/se-setup_sk1.exe/embedded/License.txt

Text File | 2005-08-09 | 5.8 KB | 111 lines

Spy Emergency 2005 License Agreement

Please read the terms and conditions of this license agreement ("License")
before installing Spy Emergency ("Software"). By installing and using the
Software you accept and agree to the terms of this License. This License
constitutes the entire agreement concerning the Software between you and
Netgate company. If you do not agree with these terms and conditions,
immediately uninstall the Software. The term "Software" includes, and these
terms and conditions also apply to, any updates, modifications and upgrades
to the Software that you may receive.

I. License

This License permits you to use one copy of the Software for a single computer.
The enclosed documentation ("Documentation") may not be copied.
You agree that you will not sublicense, assign, transfer, distribute, pledge,
lease, rent or share your rights under this License except with prior written
permission from Netgate company. You agree that you will not modify, adapt or
translate, or disassemble, decompile, reverse engineer or otherwise attempt to
discover the source code of the Software.

II. Rights

You acknowledge and agree that the Software and Documentation
("Licensed Products") are proprietary products of Netgate protected under
international copyright law and disclosed to you by Netgate company in
confidence. You shall take all reasonable steps to safeguard the Licensed
Products. Netgate owns and retains all copyright, trademark, trade secret
and other proprietary rights in and to the Licensed Products.
This License conveys to you only a non-exclusive and limited right of use,
revocable in accordance with the terms and conditions of this License.

III. Upgrades and support

All registered users may recieve database upgrades of the spyware database
and recieve latest spyware news. All registered user have right on technical
support by Spy Emergency Technical Support team.

IV. Ownership

The Software is licensed, not sold, to You for Your use only under the
terms of this Agreement, and Netgate reserves all rights not expressly
granted to You. You own the media, if any, on which the Software is
recorded, but Netgate retains ownership of all copies of the Software itself.

V. Trial

If you are using the Software on a trial basis, and are authorized to do so,
then You shall have a license under this Agreement to use the Software for
the number of days indicated in the materials accompany the Software
("Trial Period") from the date You install it, solely for the purpose
of evaluating the Software to determine whether to purchase an ongoing
license to the Software. At the end of the Trial Period, the Software will
stop working.  During the Trial Period, the Software is provided to You
"as is" and Your use is entirely at Your own risk.

VI. Warranty Disclaimer

The Software is provided to You "As Is" and Netgate and its suppliers and
licensors expressly disclaim any and all warranties and representations of
any kind with regard to any subject matter of this Agreement, including,
without limitation, any warranty of non-infringement, title, fitness for
a particular purpose, functionality or merchantiliability, whether express,
implied or statutory.  No oral or written information or advice given
by Netgate, its employees, distributors, dealers, or agents shall increase
the scope of the above warranties or create any new warranties.

VII. Limitations of Liability

Regardless of whether any remedy set forth herein fails of its essential
purpose or otherwise, in no event will Netgate or its suppliers be liable
to You or to any third party for any lost profits, lost data, interruption
of business, or other special, indirect, incidental or consequential damages
of any kind arising out of the use or inability to use the Software or any
data supplied therewith, even if Netgate has been advised of the possibility
of such loss or damages and whether or not such loss or damages are foreseeable.
In no event shall the liability of Netgate exceed the total amount received
by Netgate from You under this Agreement.

You acknowledge that Your use of the Spy Emergency Software may remove or
disable other software from Your computer, including software that may or
may not be "spyware," and You agree that Netgate shall not be responsible
for such removal or disabling or the results of such removal or disabling.
You are solely responsible for selecting which programs the Spy Emergency
Software removes from your computer.  While Netgate uses reasonable efforts
to properly identify those products detected by the Spy Emergency Software,
and regularly updates its list of such products, Netgate cannot guarantee
that its list is complete or completely accurate.  Because new and/or
modified "spyware" and other software are regularly introduced, You should
make sure You receive Updates to the Spy Emergency software to detect
those new products Netgate adds when we provide Updates to the
Spy Emergency Software.

VIII. Termination

The Agreement becomes effective when You agree to the terms and conditions
of this Agreement by opening, installing, using, accessing or manipulating
the Software ("Effective Date"), and this Agreement will terminate
immediately upon notice to You if You materially breach any term or
condition of this Agreement. You agree upon termination to promptly
destroy the Software and all copies thereof.

IX. High Risk Activity

You acknowledge and agree that the Software is not intended for use with
any high risk or strict liability activity, including, without limitation,
air or space travel, technical building or structural design, power plant
design or operation, life support or emergency medical operations or uses,
and that Netgate makes no warranty and shall have no liability arising from
any use of the Software in any high risk or strict liability activities.