» version 1.2 - posted on 2009-10-27
EULA - End User License Agreement
END USER LICENSE AGREEMENT FOR PROTECTION CUBE
IMPORTANT- PLEASE READ CAREFULLY: BY INSTALLING THE SOFTWARE (AS DEFINED BELOW), COPYING THE SOFTWARE AND/OR CLICKING ON THE "ACCEPT" BUTTON BELOW,
YOU (EITHER ON BEHALF OF YOURSELF AS AN INDIVIDUAL OR ON BEHALF OF AN ENTITY AS ITS AGENT AND/OR EMPLOYEE) AGREE TO ALL OF THE TERMS OF THIS END USER
LICENSE AGREEMENT ("AGREEMENT") REGARDING YOUR USE OF THE SOFTWARE.
IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, CLICK ON THE "NO" BUTTON AND/OR DO NOT INSTALL, COPY OR OTHERWISE USE THE SOFTWARE.
THIS IS A CONTRACT BETWEEN YOU AND SAFETYSELF TEAM ("SAFETYSELF").
This License Agreement accompanies SafetySELFs Software and related explanatory materials and extends to any upgrades, modified versions,
updates, additions, and copies of the Software licensed to You by SafetySELF.
This copy of the Software is licensed to You as the end user or to your employer and/or principal or another third party authorized to permit your use of the Software.
The Software is protected by applicable national copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold.
SafetySELF retains all the rights, which are not expressly granted to You according to the present License Agreement.
"Software" means PROTECTION CUBE including but not limited to object code, source code, documentation and associated media and printed materials.
"You" means an individual and/or a legal entity exercising rights under, and complying with all of the terms of this License.
"SafetySELF" means SafetySELF Team is a company owning exclusive rights to the Software.
Spyware means any application or software that makes any change to users Computer, collects information about users Computer activities and/or transmits collected
information to a third party, or subverts Computers operation otherwise for the benefit of a third party without the users informed consent (i.e. consent upon an appreciation and
understanding of the facts and implications of any actions). Spyware includes but not limited to application or software that performs without users knowledge and consent such
behaviors as advertising, collecting personal information, changing the configuration of users Computer, Web browsers home page or search page settings, inserting additional
components to users Web browser, or transmitting information about traffic between Web server and a user to third parties.
Adware means any application or software in which advertisements or other marketing material are included
with or automatically loaded by such application or software and displayed or played back after installation or in which information about the
Computer or its users activities is uploaded automatically when the user has not requested it.
Subject to the restrictions contained in this Section 4, SafetySELF
!!!!grants to You a nonexclusive, royalty-free license to use the items of the Software during the evaluation period of 30 days.
!!!!The validity term of this license can be extended for unlimited time period by means of payment. Upon expiration, the program is due to be removed from your system by You.
3. RIGHTS GRANTED BY THE PRESENT LICENSE
According to the present License Agreement You are entitled to:
a. Copy the Software solely for backup or archival purposes.
4. LIMITATIONS OF USE
You do not have the right to:
a. Sublicense the Software;
b. Copy the Software, in whole or in part, except as provided in this Agreement;
c. Permit simultaneous use of the Software by more than one user;
d. Reverse engineer, decompile, or disassemble the Software except for the cases and only to the extent when it is directly allowed by the applicable law. At that, You shall first request SafetySELF
in writing to provide You with the necessary information, which You want to obtain as a result of reverse engineering, decompiling, or disassembling the Software. SafetySELF
has the right to impose reasonable conditions such as a reasonable fee for doing so. Requests for information should be directed to SafetySELF at the address provided in the Software or such other address as may be made available on the official SafetySELF website (www.SafetySELF.com) from time to time;
e. Modify, or create derivative works based upon the Software in whole or in part;
f. Remove any proprietary notices or labels on the Software; or
g. Resell, lease, rent or otherwise transfer rights to the Software, as provided by this License;
h. Transfer the Software to any third persons if it is forbidden by laws or international treaties, for example, in case corresponding international sanctions are imposed on a country where transfer of the Software takes place.
i. Use of the Software does not grant You any other rights to use other products of SafetySELF, except for the rights stipulated by the corresponding licenses to these products;
j. While copying the Software and transferring it to third persons You shall transfer distribution package/installation files in original form without changing them in any ways;
(i) SafetySELF will provide You with the support services (Support Services) without any limit, except features that avaliable only for Premium users, as defined below.
a. For Premium users period specified in the SafetySELFs private cabinet (http://SafetySELF.com/cabinet/) and indicated in programs Status tab.
(ii) Premium users features of Support Services will terminate unless renewed by payment of the current support charge.
(iii) Support Services means:
a. Autoupdates of antimalware databases (ONLY FOR PREMIUM USERS);
b. Free handly updates of antimalware databases (FOR UNREGISTERED AND REGISTERED USERS);
c. Free software updates, including version upgrades;
d. Technical support via Internet by SafetySELF and/or a reseller;
e. Accessibility SafetySELF community;
(iv) Support Services are provided only if and when You have the latest version of the Software as available on the official SafetySELF website (www.SafetySELF.com) installed on Your Computer.
(v) Reaction of the Support Services and any resolution of the problems, which may arise during its use, installation and removal are not guaranteed.
(vi) All updates to the Software are governed by this Agreement, unless other license terms are provided with the update and may be installed automatically, no confirmation by You is required.
6. AMENDMENT AND TERMINATION OF THE LICENSE AGREEMENT
This License Agreement is effective until terminated.
SafetySELF has the right to terminate this license at any time immediately if You are in breach of any of its terms and conditions. Upon any such termination You must stop use of Software and return all full and partial hard copies of the items in the Software immediately to SafetySELF as well as destroy all electronic copies of the above items.
SafetySELF is entitled to change conditions of the distribution of the Software at any time.
You have a right to terminate the present License Agreement at any time by terminating any use of the Software and by destroying all copies of it, which are at your disposal.
7. SALES POLICY
SafetySELF has a REFUND sales policy.
You are provided 7-day evaluation period to determine whether the Software fits your business needs, works on your computer.
You do not have to provide SafetySELF with a credit card or other purchase information when you download, install or use the Software ; it is required only when you decide to purchase the software license.
8. DISCLAIMER OF WARRANTY: YOU AGREE THAT
SAFETYSELF HAS MADE NO EXPRESS WARRANTIES, ORAL OR WRITTEN, TO YOU REGARDING THE PRODUCTS AND THAT THE PRODUCTS ARE BEING PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND.
SAFETYSELF DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING, BUT WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. AGNITUM SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, COVER, RELIANCE, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFIT) ARISING FROM ANY CAUSE UNDER OR RELATED TO THIS AGREEMENT.
SAFETYSELF DOES NOT WARRANT THAT THIS SOFTWARE IDENTIFIES ALL KNOWN VIRUSES, NOR THAT THE SOFTWARE WILL NOT OCCASIONALLY ERRONEOUSLY REPORT A VIRUS IN A TITLE INFECTED BY THAT VIRUS.
9. PROTECTION FROM POTENTIALLY UNWANTED SOFTWARE: YOUR ACKNOWLEDGMENTS
Upon installation, Software will search Your Computer for Spyware, Adware and other potentially unwanted software ("Potentially Unwanted Software"). If Software finds Potentially Unwanted Software, Software will ask You if You want to retain or remove the program(s).
You have the ultimate choice whether Software will remove or disable Potentially Unwanted Software from Your Computer. By accepting this Agreement and installing Software, You acknowledge that You are responsible for making the decision to remove Potentially Unwanted Software from Your Computer. If You do not want this responsibility to remove Potentially Unwanted Software from Your Computer, do not accept this Agreement and do not install Software.
You or someone You share Your Computer with may have installed computer software or a software application that is packaged with or contains software that Software considers to be Potentially Unwanted Software. You understand that You have the ultimate choice whether Software will remove or disable Potentially Unwanted Software. Removing or disabling the Potentially Unwanted Software may cause other software on Your Computer to stop working, and it may cause You to breach a license to use other software on Your Computer, if the other software installed the Potentially Unwanted Software on Your Computer as a condition of Your use of the other software. You should read the license agreements for other software before authorizing the removal of any Potentially Unwanted Software. By using Software, it is possible that You will also remove or disable software that is not Potentially Unwanted Software. You acknowledge that Your use of the Software may remove or disable other programs from Your Computer, including software that may or may not be Spyware. You understand that You can choose which programs to remove or disable, and You agree that Agnitum shall not be responsible for such removal or disabling or the results of such removal or disabling. You are solely responsible for selecting which programs the Software removes from your Computer. While SafetySELFuses reasonable efforts to properly identify those products detected by the Software, and regularly update its list of such products,
SafetySELF cannot guarantee that its list is complete or completely accurate. Because new and/or modified Spyware and Potentially Unwanted Software Agnitum detects are regularly introduced, You should make sure You receive Updates to the Software to detect those new products Agnitum adds when Updates to the Software are provided.
Disclaimer of liability: Regardless of whether any remedy set forth herein fails of its essential purpose or otherwise, in no event will SafetySELF 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 or in connection with removal or disabling of any Potentially Unwanted Software or any other programs from Your Computer by Software or the results of such removal or disabling, even if SafetySELF has been advised of the possibility of such loss or damages and whether or not such loss or damages are foreseeable.
10. COLLECTION AND USE OF SUBMIT SAMPLES, THREATS ACTIVITY, AND PERSONAL INFORMATION
Any personal information that you may share with SafetySELF.com is kept absolutely private.
Your name or anything about you will not be sold or shared with any other company or agency.
When you submit a sample file to SafetySELF for scanning, we may store it and share these with anti-malware and security companies
(normally the companies participants in SafetySELF receives the samples cataloged as malware that theirs engines do not detect).
The samples can be analysed by automatic tools and security analysts to detect malicious code and to improve anti-virus engines.
Addition, the program automatically sends to the server technical information on emerging threats. In this case, no a confidential and / or personal information is transmitted to the server.
Your personal data may also be anonymised and used for statistical purposes.
11. LIMITATION OF LIABILITY: You assume the entire risk of using the program.
SafetySELFs and its suppliers entire liability and your exclusive remedy shall be, at SafetySELFs option, either
(a) return of the price paid and/or accrued, if any, or
(b) repair or replacement of the software product which is found defective and which is returned to SafetySELF with a copy of your receipt within 7 days after the date of installation. This warranty is void if failure of the software product has resulted from accident, abuse, or misapplication. Any replacement software product will be warranted for the remainder of the original warranty period or seven (7) days, whichever is longer.
IN NO EVENT SHALL SAFETYSELF BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OF THE SAFETYSELF SOFTWARE, EVEN IF SAFETYSELF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE SAFETYSELF SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES. THIS LIMITATION SHALL APPLY TO CLAIMS OF PERSONAL INJURY TO THE EXTENT PERMITTED BY LAW.
12. CHOICE OF LAW. This License Agreement shall be governed by the laws in force in the Holland, excluding the application of its conflict of law rules. This License Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. All disputes arising from the present license agreement shall be considered by the competent court in Holland, provided that the SafetySELF may also initiate proceedings in the courts of the country, where the You are domiciled and/or residing.
In the event of invalidity of any provision of this Agreement, the parties agree that such invalidity shall not affect the validity of the remaining portions of this Agreement.
You agree that You will not export or re-export the Software outside of the jurisdiction in which You obtained it without the appropriate government licenses.
You agree that this is the entire agreement between You and SafetySELF, which supercedes any prior agreement, whether written or oral, and all other communications between SafetySELF and You relating to the subject matter of this Agreement.
Reservation of rights.
All rights not expressly granted in this Agreement are reserved by SafetySELF.
Language of the Agreement.
This Agreement is executed in English language and may be translated into other languages. In case of any conflict, discrepancy or contradiction between the English version and translations, the version of the Agreement in English language shall prevail for purposes of its performance, interpretation and settlement of disputes.
(c)Copyright 2009 SafetySELF Team. All rights reserved. Protected by copyright and licenses restricting use, copying, distribution and decompilation.