End-User Agreement
This End User License Agreement
(“Software License Agreement”) is a legal document
between you (“User”) and ExploreAnywhere Software,
LLC (“Licensor”). It is important that you read this
document before using the Licensor-provided software
(“Software”) and any accompanying documentation,
including, without limitation printed materials,
‘online’ files, or electronic documentation
(“Documentation”). By clicking the “I accept” and
“Next” buttons below, or by installing, or otherwise
using the Software, you agree to be bound by the
terms of this Software License Agreement as well as
the ExploreAnywhere Software, LLC. Privacy Policy
(“Privacy Policy”) including, without limitation,
the warranty disclaimers, limitation of liability,
data use and termination provisions below, whether
or not you decide to purchase the Software. You
agree that this agreement is enforceable like any
written agreement negotiated and signed by you. If
you do not agree, you are not licensed to use the
Software, and you must destroy any downloaded copies
of the Software in your possession or control. If
you purchased this Software from a retail store, all
product packaging must be returned immediately and a
full refund will be issued.
LICENSE
Licensor hereby grants the User a
non-exclusive, non-transferable license to use the
Software for personal use on one computer by User
only. Licensor reserves the right at any time,
without liability or prior notice, to change the
features or characteristics of the Software, this
Agreement, or the Software’s documentation and
related materials.LICENSE RESTRICTIONS
a. User acknowledges that the
Software and its structure, organization, and source
code constitute valuable trade secrets of Licensor.
Accordingly, User agrees not to (i) copy, perform,
distribute, modify, adapt, alter, translate, or
create derivative works from the Software; (ii)
merge the Software with other software; (iii)
sublicense, lease, rent, or loan the Software to any
third party; (iv) reverse engineer, decompile,
disassemble, or otherwise attempt to derive the
source code for the Software; or (v) otherwise use
the Software except as expressly allowed in this
Agreement.
b. User shall comply with all applicable export and
import control laws and regulations in its use of
the Software and, in particular, User shall not
export or re-export the Software without all
required United States and foreign government
licenses. User understands that access and use of
the Software from outside the United States may
constitute export of technology and technical data
which may implicate export regulations and/or
require export license.
c. Licensor retains exclusive ownership of all
worldwide copyrights, trade marks, service marks,
trade secrets, patent rights, moral rights, property
rights and all other industrial rights in the
Software and documentation, including any derivative
works, modification, updates, or enhancements. All
rights in and to the Software not expressly granted
to User in this Agreement are reserved by Licensor.
Nothing in this Agreement shall be deemed to grant,
by implication, estoppel or otherwise, a license
under any of Licensor’s existing or future patents.
d. If User is an employee, contractor or agent of
the United States Government, the following
provision applies. The Software and documentation
are comprised of “commercial computer software” and
“commercial computer software documentation” as such
terms are used in 48 C.F.R. 12.212 (SEPT 1995) and
are provided to the Government (i) for acquisition
by or on behalf of civilian agencies, consistent
with the policy set forth in 48 C.F.R. 12.212; or
(ii) for acquisition by or on behalf of units of the
Department of Defense, consistent with the policies
set forth in 48 C.F.R. 227.7202-1 (JUN 1995) and
227.7202-3 (JUN 1995). Unpublished rights reserved
under the copyright laws of the United States.
e. User shall not use the Software in any way that
violates any local, state, federal or law of other
nations, 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. Licensor does not monitor or edit
any transmissions, postings, routings or other
materials which User may send, post, route, transmit
or otherwise move through or with the Software.
WARRANTY DISCLAIMER
THE SOFTWARE IS PROVIDED “AS IS”
WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING BUT NOT
LIMITED TO ANY FUNCTIONALITY. USER RECOGNIZES THAT
THE AS IS CLAUSE OF THIS AGREEMENT IS AN IMPORTANT
PART OF THE BASIS OF THIS AGREEMENT, WITHOUT WHICH
LICENSOR WOULD NOT HAVE AGREED TO ENTER THIS
AGREEMENT. LICENSOR AND THIRD PARTIES DISCLAIM ALL
WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY,
REGARDING THE SOFTWARE, INCLUDING ANY WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, AND NONINFRINGEMENT. NO REPRESENTATION OR
OTHER AFFIRMATION OF FACT REGARDING THE SOFTWARE
SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE
RISE TO ANY LIABILITY OF THIRD PARTIES WHATSOEVER.
USER ACKNOWLEDGES THAT HE OR SHE HAS RELIED ON NO
WARRANTIES OR STATEMENTS OTHER THAN AS MAY BE SET
FORTH HEREIN.
LIMITATION OF LIABILITY
LICENSOR SHALL NOT BE LIABLE TO
USER OR ANY THIRD PARTY FOR ANY INCIDENTAL,
INDIRECT, EXEMPLARY, SPECIAL OR CONSEQUENTIAL
DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT
LIMITED TO, LOST PROFITS, REVENUE OR SAVINGS, LOSS
OF GOODWILL, OR THE LOSS OF USE OF ANY DATA, EVEN IF
LICENSOR HAD BEEN ADVISED OF, KNEW, OR SHOULD HAVE
KNOWN, OF THE POSSIBILITY THEREOF. UNDER NO
CIRCUMSTANCES SHALL LICENSOR’S AGGREGATE CUMULATIVE
LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, OR
OTHERWISE, EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY
PAID BY USER UNDER THIS AGREEMENT. USER ACKNOWLEDGES
THAT THE FEES PAID BY HIM OR HER REFLECT THE
ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND
THAT LICENSOR WOULD NOT ENTER INTO THIS AGREEMENT
WITHOUT THESE LIMITATIONS ON ITS LIABILITY.
INDEMNIFICATION
User shall defend, indemnify and
hold harmless Licensor, its officers, directors,
contractors, agents and employees, from any and all
claims or causes of action arising out of use of or
related to the Software, and pay any and all damages
and expenses (including but not limited to attorneys
fees incurred by Licensor and/or third parties) in
connection therewith. Licensor reserves the right,
at it own expense, to assume the exclusive defense
and control of any matter otherwise subject to
indemnification by User, in which event User shall
cooperate with the Licensor in asserting any
available defenses.TERMINATION
This Agreement is effective unless
terminated by Licensor at any time for any breach of
this Agreement. User may terminate this Agreement at
any time by destroying all copies of the Software in
User’s possession and deleting the Software from
User’s computer system and other storage media, or
by returning all such copies to Licensor. This
Agreement and User’s right to use this Software
automatically terminate if User breaches this
Agreement.LEGAL COMPLIANCE
Licensor may suspend or terminate
use of Software and this Agreement immediately upon
receipt of any notice which alleges that User has
used the Software for any purpose that violates any
local, state, federal or law of other nations,
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 criminal
regulations, etc. of its agents, officers,
directors, contractors or employees. In such event,
Licensor may disclose the User’s identity and
contact information, if requested by a government or
law enforcement body, or as a result of a subpoena
or other legal action, and Licensor shall not be
liable for damages or results thereof and User
agrees not to bring any action or claim against this
Licensor for such disclosure.
MISCELLANEOUS TERMS AND
CONDITIONS
a. You acknowledge that
ExploreAnywhere Software, LLC. will periodically
transit information to register the Software with
its license server via electronic transfer through
the HTTP protocol (port 80). This information
transfer is done to register the Software and to
collect system specific information for license
validation purposes. ExploreAnywhere Software, LLC
acknowledges that the information collected is
confidential and will not be distributed to any
third party.
b. You acknowledge that when a license code has been
activated, a refund will not be issued.
c. You agree to inform any person that their
computer and internet activity is subject to being
recorded.
d. You agree to install this software ONLY on a
computer that you own or on a computer which you
have been given explicit permission to install the
software onto. You agree to not install this
software on any computer you do not own or on any
computer you have not been given permission to
install it on.
e. You may make ONE backup copy of the Software for
backup and archival purposes only. |
|
|
|
|
'Chalk one up for a great product!
KeyloggerHRD took me minutes to install and works like a charm - it really is plug & play! - Jack S.
|
|
|
