PCImmunity 1.1.4

EULA - End User License Agreement

PCImmunity
End User License Agreement
This End-user License Agreement (the "Agreement") is an agreement between you (both the individual installing the Product and any legal entity on whose behalf such individual is acting) (hereinafter "You", "Your" or "Customer) and Computer Assurance, LLC (hereinafter "Computer Assurance").
TAKING ANY STEP TO SET-UP OR INSTALL THE PRODUCT CONSTITUTES YOUR ASSENT TO AND ACCEPTANCE OF THIS END USER LICENSE AGREEMENT. WRITTEN APPROVAL IS NOT A PREREQUISITE TO THE VALIDITY OR ENFORCEABILITY OF THIS AGREEMENT AND NO SOLICITATION OF ANY SUCH WRITTEN APPROVAL BY OR ON BEHALF OF YOU SHALL BE CONSTRUED AS AN INFERENCE TO THE CONTRARY. IF YOU HAVE ORDERED THIS PRODUCT AND SUCH ORDER IS CONSIDERED AN OFFER BY YOU, COMPUTER ASSURANCE ACCEPTANCE OF YOUR OFFER IS EXPRESSLY CONDITIONAL ON YOUR ASSENT TO THE TERMS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS. IF THESE TERMS ARE CONSIDERED AN OFFER BY COMPUTER ASSURANCE, YOUR ACCEPTANCE IS EXPRESSLY LIMITED TO THE TERMS OF THIS AGREEMENT.
1. DEFINITIONS:
1.1 "Product" means the object code copy of the software program provided to You in association with this Agreement, together with the associated original electronic media and all accompanying manuals and other documentation, and together with all enhancements, upgrades, and extensions thereto that may be provided by Computer Assurance to You from time to time.
1.2 "Licensed Configuration" means to the extent applicable as indicated on the License Key the choice of features or any other hardware or software specifications, as declared by You in Your purchase order, or request for License Key, and upon which the licensing fee was based.
1.3 "Licensed-server" means the single pair of servers (defined by the two host IDs identified by You to Computer Assurance when obtaining the License Key) which enables the Product to operate in accordance with the Licensed Configuration.
1.4 "License Key" means the code provided to You by Computer Assurance which enables the Product to operate on the Licensed-server for the specified Licensed Configuration.
2. LICENSE AND RESTRICTIONS:
2.1 License. Subject to the terms and conditions of this Agreement, Computer Assurance hereby grants only to You, a non-exclusive, non-sublicensable, non-transferable license to use the copy of the Product in accordance with the relevant end user documentation provided by Computer Assurance only on the Licensed-server and only for the Licensed Configuration. You have no right to receive, use or examine any source code or design documentation relating to the Product.
2.2 General Restrictions. Except for one copy solely for back-up purposes and as required by statute, You may not copy the Product, in whole or in part. You must reproduce and include the copyright notice and any other notices that appear on the original Product copy on any copy and in any media thereof. The Product is licensed to You solely for your internal use by You and for You and the Product or any portion thereof may not be used or accessed by, sub-licensed to, re-sold to, rented to, or distributed to any other party. You agree not to allow others to use the Product and You will not use the Product for the benefit of third parties. You acknowledge that the source code of the Product, and the underlying ideas or concepts, are valuable intellectual property of Computer Assurance and You agree not to, except as expressly authorized and only to the extent established by applicable statutory law, attempt to (or permit others to) decipher, reverse translate, decompile, disassemble or otherwise reverse engineer or attempt to reconstruct or discover any source code or underlying ideas or algorithms or file formats or programming or interoperability interfaces of the Products by any means whatsoever. You will not develop methods to enable unauthorized parties to use the Product, or to develop any other product containing any of the concepts and ideas contained in the Product. You will not (and will not allow any third party to) modify Product or incorporate any portion of Product into any other software or create a derivative work of any portion of the Product. You will not (and will not allow any third party to) remove any copyright or other proprietary notices from the Product
2.3 Evaluation License. This Section 2.3 shall only apply if You are licensing the Product for an initial fourteen (14) day evaluation period. The license is valid only for a period of fourteen (14) days from the delivery of the Product, and is designed to allow You to evaluate the Product during such period. In the event that You wish to enjoy the benefits of PCImmunity after the fourteen (14) day trial, you need only go www.PCImmunity.com, log in with your username and password, and then enter your credit card or bank account information to authorize a monthly payment to Computer Assurance, LLC in the amount of $4.99. You will only ever be committed to a the period that you have paid for. You may cancel your PCImmunity subscription at anytime, without penalty, simply by logging into www.pcimmunity.com and removing your computer from your account. Every thirty (30) days, a payment of $4.99 will be made for every computer you have on your account. After the trial period has expired, you removed your computer from your PCImmunity account, or your account goes passed due, PCImmunity will stop functioning and notify you of the problem.
3. MAINTENANCE AND SUPPORT:
3.1 Maintenance. Computer Assurance will provide full telephonic and email support to both registered trial version users and registered users. Computer Assurance will not be conducting any on-site maintenance of PCImmunity. Instead, Computer Assurance will provide users with automatic and frequent upgrades to ensure PCImmunity is up to date in its monitoring and automation of third-party software. Computer Assurance does not authorize any modifications of PCImmunity. Paid subscribers will be automatically upgraded to the latest releases under this Agreement.
3.2 Product Improvement. In Computer Assurances duties to maintain and improve PCImmunity, error logs that PCImmunity generates during operations will automatically be transmitted back to PCImmunity Servers. The logs contain error data so that PCImmunity can correct errors and improve PCImmunity. The error logs may contain identifying information such as username. The logs will be used solely for the improvement of PCImmunity.
3.3 Support. You can contact Computer Assurance for support three ways: by calling 1-866-384-8045, by emailing support@pcimmunity.com, or by visiting http://www.pcimmunity.com/contact.asp.
4. TITLE AND INTELLECTUAL PROPERTY:
All right, title, and interest in and to the Product shall remain with Computer Assurance and its licensors. The Product is protected under international copyright, trademark and trade secret and patent laws. The license granted herein does not constitute a sale of the Product or any portion or copy of it.
5. TERM AND TERMINATION:
This Agreement is effective until terminated. Computer Assurance may terminate this Agreement at any time upon Your breach of any of the provisions hereof. Upon termination of this Agreement, You agree to cease all use of the Product and to return to Computer Assurance or destroy the Product and all documentation and related materials in your possession, and so certify to Computer Assurance. Except for the license granted herein and as expressly provided herein, the terms of this Agreement shall survive termination.
6. INDEMNIFICATION:
Computer Assurance shall have the right, but not the obligation, to defend or settle, at its option, any action at law against You arising from a claim that Your permitted use of the Product under this Agreement infringes any patent, copyright, or other ownership rights of a third party. You agree to provide Computer Assurance with written notice of any such claim within ten (10) days of Your notice thereof and provide reasonable assistance in its defense. Computer Assurance has sole discretion and control over such defense and all negotiations for a settlement or compromise, unless it declines to defend or settle, in which case You are free to pursue any alternative You may have.
7. LIMITED WARRANTY, WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY:
7.1 Limited Warranty. Computer Assurance warrants to You that the encoding of the software program on the media on which the Product is furnished will be free from defects in material and workmanship, and that the Product shall substantially conform to its user manual, as it exists at the date of delivery, for a period of ninety (90) days from the date You receive the original License Key. Computer Assurances entire liability and Your exclusive remedy shall be, at Computer Assurances option, either: (i) return of the price paid to Computer Assurance for the Product, resulting in the termination of this Agreement, or (ii) repair or replacement of the Product or media that does not meet this limited warranty. EXCEPT FOR THE LIMITED WARRANTIES SET FORTH IN THIS SECTION 7.1, THE PRODUCT AND ANY SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. COMPUTER ASSURANCE DOES NOT WARRANT THAT THE PRODUCT WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. COMPUTER ASSURANCE DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to You. This warranty gives You specific legal rights. You may have other rights which vary from state to state.
7.2 Limitation on Liability. IN NO EVENT WILL COMPUTER ASSURANCE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES ARISING OUT OF THE SUBJECT MATTER OF THIS AGREEMENT, THE PRODUCT OR ANY SERVICES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), OR FOR LOSS OF OR CORRUPTION OF DATA), OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR TECHNOLOGY, IRRESPECTIVE OF WHETHER COMPUTER ASSURANCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPUTER ASSURANCE?S MAXIMUM LIABILITY FOR DAMAGES SHALL BE LIMITED TO THE LICENSE FEES RECEIVED BY COMPUTER ASSURANCE UNDER THIS LICENSE FOR THE PARTICULAR PRODUCT(S) WHICH CAUSED THE DAMAGES.
8. GOVERNMENT REGULATION:
You agree that the Product will not be shipped, transferred, or exported into any country or used in any manner prohibited by law.
9. HIGH RISK APPLICATIONS:
THE PRODUCT IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR RESALE AS ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPON SYSTEMS, IN WHICH THE FAILURE OF THE PRODUCT COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE ("HIGH RISK APPLICATIONS"). Computer Assurance and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Applications.
10. GENERAL:
10.1 Miscellaneous. You may not assign your rights or obligations under this Agreement without the prior written consent of Computer Assurance. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall, at licensors option, either not be affected or impaired thereby or the remainder of the provisions of the Agreement may be terminated. The laws of the State of Virginia shall govern all issues arising under or relating to this Agreement, without giving effect to the conflict of laws principles thereof. All disputes arising under or relating to this Agreement shall be resolved exclusively in the appropriate United States court. This Agreement sets forth the entire understanding and agreement between You and Computer Assurance and may be amended only in writing signed by both parties.
10.2 Government Restricted Rights. This provision applies to Product acquired directly or indirectly by or on behalf of any Government. The Product is a commercial product, licensed on the open market at market prices, and was developed entirely at private expense and without the use of any Government funds. Any use modification, reproduction, release, performance, display, or disclosure of the Product by any Government shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the terms of this Agreement, and no license to the Product is granted to any government requiring different terms.
10.3 Questions? Should You have any questions concerning this Agreement contact the manufacturer at
ComputerAssurance, LLC
3010 Berkmar Dr.
Charlottesville, VA 29901
http://www.pcimmunity.com