PLEASE READ THIS SOFTWARE LICENSE AGREEMENT "LICENSE" CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, PROMPTLY RETURN THE SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT FOR A REFUND.
1. License. The software accompanying this License, whether on disk, on compact disc, in read only memory, or any other media, the related documentation and other materials (collectively, the "Social Engineering Software") are licensed, not sold, to you by Social Engineering, Inc. ("Social Engineering"). The Social Engineering Software in this package and any copies, modifications and distributions which this License authorizes you to make are subject to this License.
2. Permitted Uses and Restrictions. This License allows you to :
a) Use one copy of Social Engineering Software on a single computer. You may not use Social Engineering Software on more than one computer simultaneously. For each computer you want to Social Engineering Software to run on simultaneously you must purchase additional software.
b) Make one copy of the Social Engineering Software in machine-readable form for backup purposes. The Social Engineering Software is protected by United States copyright law. You must reproduce on each copy the Social Engineering copyright notice and any other proprietary legends that were on the original copy.
c) Transfer the Social Engineering Software and all rights under this license to another party together with a copy of this Agreement provided the other pary reads and agrees to accept the terms and conditions of this agreement.
You may not distribute copies of the Social Engineering Software to others. The Social Engineering Software contains trade secrets, and in order to protect them, you may not decompile, reverse engineer, disassemble, or otherwise reduce the Social Engineering Software to a human-perceivable form. You may not modify, adapt, translate, rent, lease, loan, resell for profit, distribute, or create derivative works based upon the Social Engineering Software or any part thereof.
3. Limited Warranty On Media. Social Engineering warrants the media on which the Social Engineering Software is recorded to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of original retail purchase. Your exclusive remedy under this paragraph will be, at Social Engineering’s option, a refund of the purchase price or replacement of the Social Engineering Software. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THIS LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. SOCIAL ENGINEERING SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
4. Disclaimer Of Warranty. Some of the Social Engineering Software may be designated as alpha, beta, development, pre-release, untested, or not fully tested versions of the Social Engineering Software. Such Social Engineering Software may contain errors that could cause failures or loss of data, and may be incomplete or contain inaccuracies. You expressly acknowledge and agree that use of the Social Engineering Software is at your sole risk. The Social Engineering Software is provided “AS IS” and without warranty of any kind and Social Engineering and Social Engineering’s licensor(s) (for the purposes of Sections 4 and 5, Social Engineering and Social Engineering’s licensor(s) shall be collectively referred to as "Social Engineering") EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOCIAL ENGINEERING DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOCIAL ENGINEERING SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOCIAL ENGINEERING SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOCIAL ENGINEERING SOFTWARE WILL BE CORRECTED. FURTHERMORE, SOCIAL ENGINEERING DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOCIAL ENGINEERING SOFTWARE OR IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SOCIAL ENGINEERING OR AN SOCIAL ENGINEERING AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOCIAL ENGINEERING SOFTWARE PROVE DEFECTIVE, YOU (AND NOT SOCIAL ENGINEERING OR AN SOCIAL ENGINEERING AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE LICENSE FEES FOR THE SOCIAL ENGINEERING SOFTWARE REFLECT THIS ALLOCATION OF RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
5. Limitation Of Liability. UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL SOCIAL ENGINEERING BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE SOCIAL ENGINEERING SOFTWARE, EVEN IF SOCIAL ENGINEERING OR AN SOCIAL ENGINEERING AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. In no event shall Social Engineering’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence) or otherwise) exceed $50.
6. Export Law Assurances. You may not use or otherwise export or reexport the Social Engineering Software except as authorized by United States law and the laws of the jurisdiction in which the Social Engineering Software was obtained. In particular, but without limitation, none of the Social Engineering Software may be used or otherwise exported or reexported (i) into (or to a national or resident of) a United States embargoed country or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders. By using the Social Engineering Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
7. Government End Users. If the Social Engineering Software is supplied to the United States Government, the Social Engineering Software is classified as "restricted computer software" as defined in clause 52.227-19 of the FAR. The United States Government's rights to the Social Engineering Software are as provided in clause 52.227-19 of the FAR.
8. Controlling Law and Severability. This License shall be governed by the laws of the United States and the State of California. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
9. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the Social Engineering Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Social Engineering.
