END USER LICENSE AGREEMENT FOR OUTPOST FIREWALL PRO
IMPORTANT- PLEASE READ CAREFULLY: BY INSTALLING THE SOFTWARE (AS DEFINED BELOW), COPYING THE SOFTWARE AND/OR CLICKING ON THE "ACCEPT" BUTTON BELOW, YOU (EITHER ON BEHALF OF YOURSELF AS AN INDIVIDUAL OR ON BEHALF OF AN ENTITY AS ITS AGENT AND/OR EMPLOYEE) AGREE TO ALL OF THE TERMS OF THIS END USER LICENSE AGREEMENT ("AGREEMENT") REGARDING YOUR USE OF THE SOFTWARE.
IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, CLICK ON THE "NO" BUTTON AND/OR DO NOT INSTALL, COPY OR OTHERWISE USE THE SOFTWARE.
THIS IS A CONTRACT BETWEEN YOU AND AGNITUM LIMITED ("AGNITUM").
This License Agreement accompanies Agnitum's Software and related explanatory materials and extends to any upgrades, modified versions, updates, additions, and copies of the Software licensed to You by Agnitum. This copy of the Software is licensed to You as the end user or to your employer and/or principal or another third party authorized to permit your use of the Software.
The Software is protected by applicable national copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold. Agnitum retains all the rights, which are not expressly granted to You according to the present License Agreement.
1. DEFINITIONS
"Software" means Outpost Firewall Pro including but not limited to object code, source code, documentation and associated media and printed materials.
"You" means an individual and/or a legal entity exercising rights under, and complying with all of the terms of this License.
"Agnitum" means Agnitum Limited is a company owning exclusive rights to the Software.
ôSpywareö means any application or software that makes any change to userÆs Computer, collects information about userÆs Computer activities and/or transmits collected information to a third party, or subverts Computer's operation otherwise for the benefit of a third party without the userÆs informed consent (i.e. consent upon an appreciation and understanding of the facts and implications of any actions). Spyware includes but not limited to application or software that performs without userÆs knowledge and consent such behaviors as advertising, collecting personal information, changing the configuration of userÆs Computer, Web browser's home page or search page settings, inserting additional components to userÆs Web browser, or transmitting information about traffic between Web server and a user to third parties.
ôAdwareö means any application or software in which advertisements or other marketing material are included with or automatically loaded by such application or software and displayed or played back after installation or in which information about the Computer or its users activities is uploaded automatically when the user has not requested it.
2. LICENSE.
Subject to the restrictions contained in this Section 4, Agnitum grants to You a nonexclusive, royalty-free license to use the items of the Software during the evaluation period of 30 days. The validity term of this license can be extended for unlimited time period by means of payment. Upon expiration, the program is due to be removed from your system by You.
3. RIGHTS GRANTED BY THE PRESENT LICENSE
According to the present License Agreement You are entitled to:
a. Install/use the Software on a single computer;
b. Copy the Software solely for backup or archival purposes.
4. LIMITATIONS OF USE
You do not have the right to:
a. Install/use the Software on more than one computer at the same time;
b. Sublicense the Software;
c. Copy the Software, in whole or in part, except as provided in this Agreement;
d. Permit simultaneous use of the Software by more than one user;
e. Reverse engineer, decompile, or disassemble the Software except for the cases and only to the extent when it is directly allowed by the applicable law. At that, You shall first request Agnitum in writing to provide You with the necessary information, which You want to obtain as a result of reverse engineering, decompiling, or disassembling the Software. Agnitum has the right to impose reasonable conditions such as a reasonable fee for doing so. Requests for information should be directed to Agnitum at the address provided in the Software or such other address as may be made available on agnitum.com from time to time;
f. Modify, or create derivative works based upon the Software in whole or in part;
g. Remove any proprietary notices or labels on the Software; or
h. Resell, lease, rent or otherwise transfer rights to the Software, as provided by this License;
i. Transfer the Software to any third persons if it is forbidden by laws or international treaties, for example, in case corresponding international sanctions are imposed on a country where transfer of the Software takes place.
j. Use of the Software does not grant You any other rights to use other products of Agnitum, except for the rights stipulated by the corresponding licenses to these products;
k. While copying the Software and transferring it to third persons You shall transfer distribution package/installation files in original form without changing them in any ways;
5. TECHNICAL SUPPORT
Reaction of the support service and any resolution of the problems, which may arise during its use, installation and removal are not guaranteed. However, technical support of the Software may be provided under a separate contract between You and Agnitum.
6. AMENDMENT AND TERMINATION OF THE LICENSE AGREEMENT
This License Agreement is effective until terminated. Agnitum has the right to terminate this license at any time immediately if You are in breach of any of its terms and conditions. Upon any such termination You must stop use of Software and return all full and partial hard copies of the items in the Software immediately to Agnitum as well as destroy all electronic copies of the above items. Agnitum is entitled to change conditions of the distribution of the Software at any time.
You have a right to terminate the present License Agreement at any time by terminating any use of the Software and by destroying all copies of it, which are at your disposal.
7. UPDATES
From time to time, AGNITUM may make available updates to the Software. All updates to the Software are governed by this Agreement, unless other license terms are provided with the update and may be installed automatically, no confirmation by You is required.
8. SALES POLICY
Agnitum has a NO REFUND sales policy. All sales of licenses are FINAL.
Before purchasing a license, you are provided a 30-day evaluation period to determine whether the Software fits your business needs, works on your computer, and provides the benefits for which you will purchase the Software license. You do not have to provide Agnitum with a credit card or other purchase information when you download, install or use the Software during this 30-day evaluation period; it is required only when you decide to purchase the software license, at which time the purchase price paid and/or accrued for the license becomes non-refundable.
9. DISCLAIMER OF WARRANTY: YOU AGREE THAT AGNITUM HAS MADE NO EXPRESS WARRANTIES, ORAL OR WRITTEN, TO YOU REGARDING THE PRODUCTS AND THAT THE PRODUCTS ARE BEING PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. AGNITUM DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING, BUT WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. AGNITUM SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, COVER, RELIANCE, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFIT) ARISING FROM ANY CAUSE UNDER OR RELATED TO THIS AGREEMENT.
10. PROTECTION FROM POTENTIALLY UNWANTED SOFTWARE: YOUR ACKNOWLEDGMENTS
Upon installation, Software will search Your Computer for Spyware, Adware and other potentially unwanted software ("Potentially Unwanted Software"). If Software finds Potentially Unwanted Software, Software will ask You if You want to retain or remove the program(s).
You have the ultimate choice whether Software will remove or disable Potentially Unwanted Software from Your Computer. By accepting this Agreement and installing Software, You acknowledge that You are responsible for making the decision to remove Potentially Unwanted Software from Your Computer. If You do not want this responsibility to remove Potentially Unwanted Software from Your Computer, do not accept this Agreement and do not install Software.
You or someone You share Your Computer with may have installed computer software or a software application that is packaged with or contains software that Software considers to be Potentially Unwanted Software. You understand that You have the ultimate choice whether Software will remove or disable Potentially Unwanted Software. Removing or disabling the Potentially Unwanted Software may cause other software on Your Computer to stop working, and it may cause You to breach a license to use other software on Your Computer, if the other software installed the Potentially Unwanted Software on Your Computer as a condition of Your use of the other software. You should read the license agreements for other software before authorizing the removal of any Potentially Unwanted Software. By using Software, it is possible that You will also remove or disable software that is not Potentially Unwanted Software. You acknowledge that Your use of the Software may remove or disable other programs from Your Computer, including software that may or may not be Spyware. You understand that You can choose which programs to remove or disable, and You agree that Agnitum 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 Software removes from your Computer. While Agnitum uses reasonable efforts to properly identify those products detected by the Software, and regularly update its list of such products, Agnitum cannot guarantee that its list is complete or completely accurate. Because new and/or modified Spyware and Potentially Unwanted Software Agnitum detects are regularly introduced, You should make sure You receive Updates to the Software to detect those new products Agnitum adds when Updates to the Software are provided.
Disclaimer of liability: Regardless of whether any remedy set forth herein fails of its essential purpose or otherwise, in no event will Agnitum 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 or in connection with removal or disabling of any Potentially Unwanted Software or any other programs from Your Computer by Software or the results of such removal or disabling, even if Agnitum has been advised of the possibility of such loss or damages and whether or not such loss or damages are foreseeable.
11. LIMITATION OF LIABILITY: You assume the entire risk of using the program. Agnitum's and its suppliers' entire liability and your exclusive remedy shall be, at Agnitum's option, either (a) return of the price paid and/or accrued, if any, or (b) repair or replacement of the software product which is found defective and which is returned to Agnitum with a copy of your receipt within 30 days after the date of installation. This warranty is void if failure of the software product has resulted from accident, abuse, or misapplication. Any replacement software product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
IN NO EVENT SHALL AGNITUM BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OF THE AGNITUM SOFTWARE, EVEN IF AGNITUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE AGNITUM SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES. THIS LIMITATION SHALL APPLY TO CLAIMS OF PERSONAL INJURY TO THE EXTENT PERMITTED BY LAW.
12. CHOICE OF LAW. This License Agreement shall be governed by the laws in force in the Cyprus, excluding the application of its conflict of law rules. This License Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. All disputes arising from the present license agreement shall be considered by the competent court in Cyprus, provided that the Agnitum may also initiate proceedings in the courts of the country, where the You are domiciled and/or residing.
13. MISCELLANEOUS:
Severability.
In the event of invalidity of any provision of this Agreement, the parties agree that such invalidity shall not affect the validity of the remaining portions of this Agreement.
Export.
You agree that You will not export or re-export the Software outside of the jurisdiction in which You obtained it without the appropriate government licenses.
Entire Agreement.
You agree that this is the entire agreement between You and AGNITUM, which supercedes any prior agreement, whether written or oral, and all other communications between AGNITUM and You relating to the subject matter of this Agreement.
Reservation of rights.
All rights not expressly granted in this Agreement are reserved by AGNITUM.
Language of the Agreement.
This Agreement is executed in English language and may be translated into other languages. In case of any conflict, discrepancy or contradiction between the English version and translations, the version of the Agreement in English language shall prevail for purposes of its performance, interpretation and settlement of disputes.
(c)Copyright 1999-2006 AGNITUM LIMITED. All rights reserved. Protected by copyright and licenses restricting use, copying, distribution and decompilation.
