WEBROOT SOFTWARE, INC. ("WEBROOT") IS WILLING TO LICENSE THE ENCLOSED SOFTWARE (THE "SOFTWARE") ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS IN THIS SOFTWARE EVALUATION AGREEMENT (THIS "AGREEMENT").
BY CLICKING ON THE "ACCEPT" BUTTON BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY IT. IF YOU DO NOT AGREE TO THE TERMS BELOW, WEBROOT IS UNWILLING TO LICENSE THE SOFTWARE TO YOU, AND YOU SHOULD CLICK ON THE "DO NOT ACCEPT" BUTTON BELOW TO DISCONTINUE THE INSTALLATION PROCESS.
1. LICENSE. Subject to the terms and conditions of this Agreement, Webroot hereby grants You a limited, non-exclusive, personal license to use the Software in accordance with the documentation provided with the Software for the sole purpose of testing and evaluating the Software in order to assist You in Your decision to purchase a license for the commercial version of the Software.
2. RESTRICTIONS. You may not: (a) reproduce, modify, adapt, alter, translate, or create derivative works from the Software; (b) merge the Software with other software; (c) sublicense, lease, rent, loan, or otherwise transfer the Software to any third party; (d) use the Software in any service bureau or time-sharing arrangement; (e) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Software; or (f) otherwise use or copy the Software except as expressly allowed under Section 1.
3. OWNERSHIP. The Software and all worldwide intellectual property rights therein and related thereto, are the exclusive property of Webroot and its licensors. Except for the limited rights expressly granted under Section 1, You have no right, title, or interest (whether by implication, estoppel, or otherwise) in or to the Software or any intellectual property rights therein or related thereto.
4. TERM/TERMINATION. This Agreement becomes effective when You agree to this Agreement by using or accessing the Software (the "Effective Date") and will continue until terminated. This Agreement will terminate immediately if you breach any term or condition of this Agreement. In addition, either party may terminate this Agreement with or without cause upon notice to the other party. Upon termination of this Agreement, You agree to destroy the Software and all copies thereof.
5. POTENTIALLY UNWANTED SOFTWARE. The Software will search Your computer for "spyware," "adware" and other programs, files and content that Webroot identifies as fitting within a defined category (collectively, "Potentially Unwanted Software") and will display a list of Potentially Unwanted Software located on Your computer. The Software provided by Webroot under this Agreement, however, contains limited functionality and may not remove the Potentially Unwanted Software found on Your computer. You must purchase a license to the commercial version of Software to access the full functionality of the Software. While Webroot uses reasonable efforts to properly identify Potentially Unwanted Software on Your computer and to regularly update its database of Potentially Unwanted Software, Webroot cannot guarantee that its database is complete or accurate. During the 30-day period following the Effective Date (the "Trial Period"), Webroot, at its discretion, may allow the Software to receive updates to WebrootÆs database of Potentially Unwanted Software ("Content Updates"). You must purchase a license to the commercial version of the Software, however, to receive Content Updates after the Trial Period expires.
6. NO SUPPORT. Webroot will have no obligation under this Agreement to correct any bugs, defects or errors in the Software or to otherwise support or maintain the Software.
7. WARRANTY DISCLAIMER. THE SOFTWARE IS PROVIDED TO YOU "AS IS" AND WEBROOT AND ITS 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 MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY WEBROOT, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, OR AGENTS SHALL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES.
8. LIMITATION OF REMEDIES. REGARDLESS OF WHETHER ANY REMEDY SET FORTH IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL WEBROOT, ITS DISTRIBUTORS 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, EVEN IF WEBROOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE. IN NO EVENT WILL THE TOTAL LIABILITY OF WEBROOT UNDER THIS AGREEMENT EXCEED TWENTY (US) DOLLARS.
9. GENERAL. This Agreement will be governed by the laws of the State of Colorado in the United States of America, without regard to or application of any conflicts of law rules or principles. The federal and state courts in Denver or Boulder County, Colorado will have exclusive jurisdiction over any disputes, claims or controversies arising out of or relating to this Agreement, and You hereby irrevocably waive any objection to the jurisdiction of such courts over any such dispute, claim or controversy. If any provision of this Agreement is unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. This Agreement is the complete and exclusive statement of the agreement between the parties which supersedes any proposal or prior agreement, oral or written, and any other communications between the parties in relation to the subject matter of this Agreement.
THE SOFTWARE IS PROTECTED BY UNITED STATES COPYRIGHT LAW AND INTERNATIONAL TREATY. ⌐ COPYRIGHT 2006, WEBROOT SOFTWARE, INC. ALL RIGHTS RESERVED.
