BY BREAKING THE SEAL ON THE CD-ROM PACKAGE, OR BY INSTALLING, EXECUTING OR ACTIVATING THE PRODUCT, OR BY CLICKING ON THE "ACCEPT" BUTTON, YOU ARE DEEMED TO AND DO CONSENT TO BE BOUND BY AND BECOME A PARTY TO THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE LICENSE TERMS, DO NOT BREAK THE SEAL, DO NOT INSTALL, EXECUTE OR ACTIVATE THE PRODUCT, OR CLICK ON THE "DO NOT ACCEPT" BUTTON. ALL UNACCEPTED SOFTWARE MUST BE PROMPTLY RETURNED TO UNIBLUE SYSTEMS.
THIS SOFTWARE END USER LICENSE AGREEMENT (the "License") is between you (the "End User"), and UNIBLUE SYSTEMS ("Uniblue Systems").
Grant of License. Subject to the terms and conditions of this License, Uniblue Systems grants End User a non-exclusive license to use the one copy of SpyEraser software (the "Software") internally, on a single computer or server, as the case may be and as specified in the first invoice from Uniblue Systems. The Software is licensed as a single product, and you may not separate its component parts for use on more than one desktop. You may make one copy of the Software for backup purposes. You are expressly prohibited from sublicensing, selling, renting, leasing or otherwise distributing the Software or making any use prohibited by law. If you download the Software from the Internet or similar on-line source, you must include the Uniblue Systems copyright notice for the Software with any on-line distribution and on any media you distribute that includes the Software.
Evaluation Copy. Uniblue Systems may grant you a temporary license to evaluate the Software. Applications and data that you have created during the evaluation period may require the Software in order to run, or to be accessible. Consequently, you may lose or be unable to access applications or data that you have created during such period. You should therefore take precautions to avoid any loss of data. To be allowed to continue your use of the Software after expiry of the evaluation period, you must acquire a regular license to the Software as set out in this End User License Agreement and pay the license fee.
Licensed Units and Networks. When you purchase a license you will be provided with a registration number. You should activate the registered license for the Software by entering the registration number as prompted by the Software. You agree to use the Software only for the number of licensed units specified at the time of activation on the outside of the distribution CD or on your invoice, as the case may be. Any simultaneous storage, maintenance, or use on greater than the number of licensed units is prohibited. A license for the Software may not be shared by alternating use of the Software between different units. The primary user of a computer for which a license has been purchased may make and use one copy of the Software on his or her portable computer. You may also make one copy of the Software for back-up or archival purposes. Otherwise, you may not copy the Software in whole or in part. If you use the Software in a network or any other multiple-station computer system where the Software could be used on multiple computers simultaneously (a "Network"), you agree either to implement access security mechanisms to prevent simultaneous use or to pay Uniblue Systems an additional fee according to the number of users with access to the Network. You agree to contact Uniblue Systems if simultaneous use will be possible.
Copyright and Trademark Rights. The Software is owned by Uniblue Systems and its suppliers, and its structure, organisation and code are the valuable trade secrets of Uniblue Systems and its suppliers. The Software also is protected by Maltese, EU and other International Treaty provisions. You may use trademarks in accordance with accepted trademark practice, including identification of trademark owner's name. Such use of any trademark does not give you any rights of ownership in that trademark. Except as stated above, this Agreement does not grant you any intellectual property rights in the Software.
Intellectual Property Protection. The Software, including its operation, code, architecture, implementation, and look and feel, and any images, photographs, animations, video, audio, music, text, and applets incorporated into the Software, as well as all accompanying media, printed materials, and electronic documentation (the "Documentation"), are the valuable intellectual property of Uniblue Systems and its suppliers, protected by Maltese copyright laws and international treaty provisions. This License does not give you any intellectual property rights in the Software or Documentation. You agree to treat the Software like any other copyrighted material. You may not copy the Documentation and agree not to modify, translate, disassemble, decompile, reverse engineer, create derivative works of the Software, or make any other attempt by any means to discover or obtain the source code for the Software, except and only to the extent that such activity is expressly permitted by applicable law. You further agree not to remove or in any way obscure any ownership or trademark notices on the Software or Documentation.
Restrictions on Use. You may not use the Software in any way that violates any applicable law, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other computer crime regulations, etc.
Export Restrictions. You may not export or re-export the Software in violation of the export laws of the United States, the European Community or the applicable laws of any other jurisdiction. Among other things, U.S. laws provide that the Software may not be exported or re-exported to certain countries which are embargoed or restricted or to certain restricted persons. Embargoed and restricted countries currently include Afghanistan, Cuba, Iran, Iraq, Libya, Sudan, North Korea and Syria.
Limited Warranties. Uniblue Systems warrants that the Software will perform substantially according to Uniblue Systems' published specifications for a period of ninety (90) days from the date you acquire the Software. Your exclusive remedy for any breach of warranty, and the entire liability of Uniblue Systems and its suppliers, whether in tort, contract or otherwise, will be to replace the Software with functionally equivalent software or refund the license fees paid by you for the Software upon return of the non-conforming Software, at Uniblue Systems' sole discretion. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. THESE ARE THE ONLY WARRANTIES MADE BY Uniblue Systems. UNIBLUE SYSTEMS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, OR ANY WARRANTY THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS OR INTERRUPTIONS OR THAT IT WILL MEET YOUR PARTICULAR REQUIREMENTS. Some jurisdictions do not allow exclusions of an implied warranty, so this disclaimer may not apply to you and you may have other legal rights that vary by jurisdiction. No Uniblue Systems agent or employee is authorised to make any modifications, extensions or additions to this warranty.
Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WILL Uniblue Systems OR ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE TO YOU OR ANY THIRD PARTY BENEFICIARY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING ANY LOSS OF DATA, EVEN IF Uniblue Systems KNOWS OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Uniblue Systems' TOTAL LIABILITY IN CONNECTION WITH THIS LICENSE OR THE SOFTWARE, WHETHER IN TORT, CONTRACT OR OTHERWISE, EXCEED THE AMOUNT PAID FOR THE SOFTWARE. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you.
Choice of Law. This Agreement will be governed by the laws of Malta. This Agreement shall automatically terminate upon failure by you to comply with its terms. This Agreement may only be modified in writing signed by an authorised officer of Uniblue Systems.
General Provisions. Uniblue Systems may terminate this License if you fail to comply with its terms and conditions. Upon termination, you must destroy all copies of the Software and Documentation in your possession. Uniblue Systems reserves all rights not expressly granted under this License. This License is the entire agreement between you and Uniblue Systems concerning the Software and supersedes any and all prior or contemporaneous oral or written agreements, representations, negotiations or other dealings between you and Uniblue Systems. If any part of this License is found to be void, unenforceable or invalid, that part will be deemed stricken and will not affect the validity of the other License provisions. Failure by either party to enforce any provision of this License will not be deemed a waiver of future enforcement of that or any other provision. This License may be modified only by an amendment signed by authorised representatives of both parties.
