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- Spy Emergency 2006 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 Technologies s.r.o., Prievidza, Slovak Republic. 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 Technologies s.r.o. 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 Technologies s.r.o.
- protected under copyright law of Slovak Republic, international copyright
- law and treaties and disclosed to you by NETGATE Technologies s.r.o. in confidence.
- You shall take all reasonable steps to safeguard the Licensed
- Products. NETGATE Technologies s.r.o. owns and retains all copyright, trademarks,
- 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.
- Unauthorized reproduction or distribution of this program, or any portion
- of it, may result in severe civil and criminal penalties, and will be prosecuted
- to the maximum extent possible under law.
-
- III. Upgrades and support
-
- All registered users may receive upgrades of the Software spyware
- database. All registered users have right on technical support by
- the 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 Technologies s.r.o. reserves all
- rights not expressly granted to You. You own the media, if any, on which
- the Software is recorded, but NETGATE Technologies s.r.o. 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 Technologies s.r.o. 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 Technologies s.r.o., its employees, distributors, dealers, or agents
- shall increase the scope of the above warranties or create any new warranties.
-
- VII. Limited Warranty
-
- NETGATE Technologies s.r.o. warrants to you that the Software will perform
- substantially in accordance with the Documentation for 90 day period following
- your receipt of the Software. To make a warranty claim, you must
- return the Software to the location where you obtained it along
- with a copy of your sales receipt within 30 day period. If the Software
- does not perform substantially in accordance with the Documentation,
- the entire and exclusive liability of NETGATE Technologies s.r.o. and its
- distributors, and your exclusive remedy shall be limited to either,
- NETGATE Technologies s.r.o.'s option, the replacement of the Software
- or the refund of the license fee you paid for the Software.
-
- VIII. Limitations of Liability
-
- Regardless of whether any remedy set forth herein fails of its essential
- purpose or otherwise, in no event will NETGATE Technologies s.r.o. 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 Technologies s.r.o. 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 Technologies s.r.o.
- exceed the total amount received by NETGATE Technologies s.r.o. 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 Technologies s.r.o. 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 Technologies s.r.o. uses
- reasonable efforts to properly identify those products detected by the Spy Emergency
- Software, and regularly updates its list of such products, NETGATE Technologies s.r.o.
- 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 Technologies s.r.o. adds when we provide Updates to the
- Spy Emergency Software.
-
- IX. 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.
-
- X. 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 Technologies s.r.o. makes no warranty and shall have no
- liability arising from any use of the Software in any high risk or strict
- liability activities.
-
- All questions regarding this license agreement please forward
- to NETGATE Technologies s.r.o., Tajovskeho 8, 97101 Prievidza,
- Slovak Republic or by e-mail to netgate@netgate.sk.
-
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