End user agreement for ArmorGate
ArmorGate End User License Agreement
IMPORTANT READ CAREFULLY:
Thank you for trying out the ArmorGate software! By using this software, including any third party software made available in conjunction with this software, ("ArmorGate Software"), you agree to accept a this End-User License Agreement ("EULA"), which is a legal agreement between you (either an individual or a single entity) and Armor Technologies Inc. ( referred to herein as "Armor Technologies") for the ArmorGate software, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation (collectively, "SOFTWARE"). By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the following terms of this EULA, do not install, copy or otherwise use the SOFTWARE.
You agree that you will use the ArmorGate Software in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not agree to, and shall not authorize or encourage any third party to: (i) use the ArmorGate Software to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable; (ii) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) use the ArmorGate Software for any fraudulent or inappropriate purpose; or (iv) act in any way that violates this Agreement, as may be revised from time to time. Violation of any of the foregoing may result in immediate termination of this license, and may subject you to state, national and/or international penalties and other legal consequences.
This Agreement allows you to install and use the ArmorGate Software on a single computer. You may make copies of the ArmorGate Software and distribute such copies to other persons, provided that each such recipient has had an opportunity to review and agrees to be bound by this Agreement prior to any use of the ArmorGate Software. If others employed by your employer's organization do not have this opportunity to review and/or do not individually agree to be bound by this Agreement and you would still like to distribute copies to them, you may do so provided that you have the legal right to bind your employer's organization and others within your employer's organization to this Agreement. If you do not have this right and the recipients do not have an opportunity to review and/or do not agree to be bound by this Agreement, you may not distribute the ArmorGate Software to them.
The ArmorGate Software may communicate with Armor Technologies' servers to check for available updates to the ArmorGate Software, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). By installing the ArmorGate Software, you hereby agree to automatically request and receive Updates from Armor Technologies's servers.
You acknowledge that Armor Technologies, its subsidiaries and affiliates, and/or third parties own all right, title and interest in and to the ArmorGate Software, portions thereof, and any software or other materials (not including user data) provided through or in conjunction with the ArmorGate Software, including without limitation all intellectual property rights. You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the ArmorGate Software. You also agree to not remove, obscure, or alter Armor Technologies's or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the ArmorGate Software.
Ideas for Improvement
If you have comments on the ArmorGate Software or ideas on how to improve it, please use the built in features that allow you to send us feedback. Please note that by doing so, you also grant to Armor Technologies and third parties permission to use and incorporate your ideas or comments into the ArmorGate Software (or third party software) without further compensation.
Disclaimer of Warranties
To the fullest extent permitted by applicable law, Armor Technologies and its licensors and suppliers disclaim any responsibility for any harm resulting from your use of the ArmorGate Software and/or any third party software accessed in conjunction with or through the ArmorGate Software.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE ArmorGate SOFTWARE AND ANY THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE ArmorGate SOFTWARE ARE PROVIDED "AS IS," WITH NO WARRANTIES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Armor Technologies AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM (A) ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS; AND (B) ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE ArmorGate SOFTWARE AND SUCH THIRD PARTY SOFTWARE.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE ArmorGate SOFTWARE AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE ArmorGate SOFTWARE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ArmorGate SOFTWARE AND SUCH THIRD PARTY SOFTWARE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL Armor Technologies, ITS SUBSIDIARIES AND AFFILIATES OR ITS LICENSORS AND SUPPLIERS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF THE ArmorGate SOFTWARE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE ArmorGate SOFTWARE, FROM INABILITY TO USE ArmorGate SOFTWARE OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF ArmorGate SOFTWARE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Further Limitation of Liability
It is your responsibility to ensure that you obtain all consents, authorizations and clearances in any data owned or controlled by third parties that you transmit, access or communicate to others using the ArmorGate Software. Armor Technologies will not be liable in any way (a) for any errors or omissions in any data, or for any loss or damage of any kind incurred as a result of any data transmitted via the ArmorGate Software; (b) if you are exposed to data that are offensive, indecent or objectionable; or (c) for any violations of copyright or other proprietary rights as a result of your use of the ArmorGate Software.
It is your responsibility to ascertain whether any copyright or other licenses for use of content are necessary and to obtain any such licenses. You agree to copy, distribute, display, and modify only those materials which you have the necessary permission to use. You agree to hold harmless and indemnify Armor Technologies and its subsidiaries, affiliates, and their respective officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the ArmorGate Software, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Armor Technologies will provide you with written notice of such claim, suit or action.
U.S. Government Restricted Rights
The ArmorGate Software and Documentation are "Commercial Items," as that term is defined at 48 C.F.R., 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R., 12.212 or 48 C.F.R., 227.7202, as applicable. Consistent with 48 C.F.R., 12.212 or 48 C.F.R., 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
The ArmorGate Software is subject to the export control laws of the United States and applicable export and import control laws of other countries. You agree to comply with and use the ArmorGate Software in a manner consistent with such applicable laws. All rights to use the ArmorGate Software are granted on condition that such rights are forfeited if you fail to comply with this Agreement.
This Agreement will be governed by and construed in accordance with the laws of the Province of Ontaro, Canada, without giving effect to the conflict of laws provisions of Ontario or your actual state or country of residence. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, the remainder of this Agreement will continue in full force and effect.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Armor Technologies.
IF YOU WISH TO TERMINATE THIS AGREEMENT, YOU MAY SIMPLY CEASE USING THE ArmorGate SOFTWARE AND FOLLOW THE UNINSTALL INSTRUCTIONS. Armor Technologies RESERVES THE RIGHT TO TERMINATE THIS AGREEMENT AND YOUR AUTHORIZATION TO USE THE ArmorGate SOFTWARE AT ANY TIME WITHOUT CAUSE.