End user agreement for SecureTower
NOTICE TO ALL USERS! THIS DOCUMENT IS AN AGREEMENT. BY LOADING, INSTALLING, COPYING OR OTHERWISE USING THE PROGRAM, YOU CONFIRM THAT YOU AGREE TO COMPLY WITH THE TERMS OF THIS END-USER LICENSE AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU HAVE NO RIGHT TO USE THIS PROGRAM. IF YOU HAVE PURCHASED THE PROGRAM, YOU MAY RETURN IT TO ITS VENDOR AND OBTAIN A REFUND IN THE AMOUNT OF MONEY YOU PAID FOR IT.
This License agreement (hereinafter the "Agreement") is a legally enforceable document entered into by you (a physical or legal person, hereinafter the "Licensee") and FalconGaze, Inc. (hereinafter the "Licensor") with regard to the SECURETOWER software product that includes software on the corresponding media (for example, on CD-ROMs, floppy disks, etc.) or at the Licensor's web-site, any printed, electronic or on-line user documentation and materials (the "Documentation"), as well as all further improvements, modifications, upgrades, subsequent versions (hereinafter collectively referred to as the "Updates").
BEFORE YOU CLICK "YES", PLEASE READ CAREFULLY THE TERMS AND CONDITIONS OF THIS AGREEMENT. CLICKING "YES" IS EQUAL TO PUTTING YOUR SIGNATURE, WHICH MEANS THAT YOU AGREE WITH THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT AND THAT YOU BECOME A PARTY TO IT. SHOULD ANY TERMS OR CONDITIONS OF THIS LICENSE AGREEMENT CONTRADICT TO THE LOCAL LAWS OF YOUR COUNTRY, PLEASE REFUSE FROM FURTHER INSTALLATION AND USE OF THIS SOFTWARE. IF YOU ARE NOT READY TO ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK "NO", AND SOFTWARE WILL NOT BE INSTALLED ON YOUR COMPUTER.
1.TERMS AND DEFINITIONS
Software, or Software Product - SecureTower, software designed for controlling confidential data leak over the Internet, including Product Updates and the attendant Documentation.
Software components - elements (components) that the Software product consists of and that form an integrated system the performance of which is based on coordinated interaction of all the components. The Software product components include server and client components. Server-based components include interception server, database server, data processing server (with a search service, indexing service, security center server and user identification service) and endpoint control server. The client-based components include administrator and security officer consoles that serve as the Software's GUI.
Computer device - a computer, laptop or a workstation on which Software components are installed.
Workstation - a computer in a local area network that is a working place of a specialist whose network activities are tracked and controlled by the Software product. If there is a computer terminal in the network on which several users can work simultaneously, such a computer shall be deemed as several workstations and the number of such workstations shall be determined by the number of working sessions on the computer terminal.
All the ownership rights and copyright to the program (including any integral derivatives and Program Components), accompanying printed materials and any copies of the program belong to the Licensor and are the exclusive property of the Licensor. All the rights of the Licensor are protected by laws and international copyright agreements, as well as by other laws and agreements regulating copyright issues. Therefore, the program shall be treated as any other copyright object. Copying any accompanying materials is prohibited. The program is not for sale, it is only provided for use according to a license agreement.
The Licensor and/or the Licensor's suppliers own and retain all the rights to the Product, including without limitation any improvements, Updates, additions or other modifications of the Product, as well as any copyright, ownership rights and other titles to intellectual property with regard to the Software.
The Licensor retains all other rights pursuant to the laws of the Latvia and international legislation that are not specified in this Agreement.
The Licensor hereby grants you a limited, non-exclusive license (the "License") to install and use the Product subject to usage terms specified herein for the applicable Product version.
By installing the Program, you become a License user and agree to comply with the applicable provisions of the said Agreement. The License does not imply any transfer of any rights or title of ownership with regard to the Program in whole or in part.
a)Test version. The test version of the Product is provided and can be used solely for testing purposes, as well as for the demonstration of the Software Product's features to potential customers. This version is fully functional and is designed for evaluating the Product's user interface and the features of the Software components. The Licensee may work with this version during the evaluation period (60 days from the moment of the first installation). Upon the expiry of this term, the functions of the test version of the Software Product shall be automatically limited and the Licensee will be allowed to work only with the archive of data intercepted within the test period. Among the available functions will be indexing, search, viewing user network activities for the period within which data were intercepted in the test mode. Traffic interception feature will not be available upon the expiry of the test period. Using the test version of the Product for commercial or other purposes is strictly forbidden. Notwithstanding the above restrictions, you may copy and distribute the test version of the Product subject to the stipulations provided in clause 3.1 of this Agreement.
b)Small Office version. Unless otherwise stipulated in the licensing terms and conditions, after purchasing the License key, the user obtains a non-exclusive License to work with 1 (one) copy of the specified version of the Product on 25 (twenty five) Workstations within the Agreement validity term. The integral Components of this version of the Software Product must be installed on one Computer device. In that, if you purchased multiple versions of the Product subject to this License, you may not use different versions on several Computer devices simultaneously. This License permits you to use only one of the provided versions of the Software on one Computer device at a time. The number of Licenses is stipulated in the License key.
c)Enterprise version. Unless otherwise stipulated in the licensing terms and conditions, after purchasing the License key, the user obtains a non-exclusive License to work with 1 (one) copy of the specified version of the Product on as many Workstations as specified in the Sales Contract, within the Agreement validity term. This License grants you the right of scaling the Product, which means that the integral Components of this version of the Software Product can be detached to be used on different Computer devices. The server components of the minimum distribution package of the Enterprise version includes 1 (one) item of each server component of the Software Product, with each of them available for installation on a separate physical Computer device. If you are provided with this License, you have a right to install and use as many server components of the Product as stipulated in the Sales Contract. Client components of the Software Product (security officer and administrator user applications) can be installed and used on an unlimited number of Computer devices regardless of the Sales Contract stipulations.
d)Backup copy. The Licensor provides you with a right to create 1 (one) backup or archive copy of the Product to legally use it solely for the purposes of creating and maintaining a backup copy. This copy shall contain all the information on the Product ownership rights and you must work with it solely subject to the provisions of Section 2 of this Agreement. If owning the original Software becomes unlawful, the above backup copy of the Software product must be deleted.
2.PRODUCT COPIES AND VERSIONS
Upon using multiple versions of the Product (for example, for different operating system versions), or multi-language versions of the Product, or upon obtaining the Product on multiple media, upon obtaining the Product by other means, upon obtaining the Product in a package with other software, the maximum permitted number of Computer devices on which all versions of the Product can be installed may not exceed the number of Computer devices specified in the License key or Sales Contract, whatever the Software version is. In that, the Licensor grants the Licensee the right to select and combine different Software components that belong to different versions of the Software Product (for example, the ones that support different operating systems) if such component separation is permitted by the purchased License type. This, however, does not give you any right to install and use multiple versions of the Software components simultaneously.
You may not provide any versions or copies of the Product for rent, grant sub-licenses or transfer the Product to other persons without a written consent of the Licensor.
3.UPDATES AND TECHNICAL SUPPORT
Within 1 (one) year from the moment of accepting this Agreement and installing the Product, you have a right to obtain the Product Updates free of charge if the Licensor provides the Licensee with such a possibility. In that, the Licensor is not obliged to develop, issue or announce any such Updates. The Licensor retains the right to charge additionally for the subscription for Updates, technical support and/or maintenance upon the expiry of the above period. You may subscribe to receiving Product Updates on a fee basis for a period agreed with the Licensor. No provisions of this Agreement can be interpreted as granting you any rights or title for other Products of the Licensor or for Updates for other Products of the Licensor, except for the Updates for the Product with regard to which you have signed this Agreement. This Agreement does not oblige the Licensor to provide any Updates. If the Product or some its part is an Update for the previous version of the Product, you need to have a valid License for the previous version of the Product. If you do not have a valid License for the previous version of the Product, but you have such a License for earlier versions of the Product, you need to receive the previous Product Updates or to purchase the latest version of the Product in order to qualify for current Updates.
If the Update you are obtaining is significant (a new Software Product release), the Product is provided to you on the license replacement basis. By accepting the terms of this Agreement and by installing this Product release, you agree that your previous version automatically turns null and void; you may not work with it and may not transfer it to third persons.
4.THE VALIDITY TERM AND ITS EXPIRY
The validity term of this Agreement commences from the moment of installing the Product and continues until it is terminated in accordance with this Agreement, without any term restriction. The Licensor has a right to terminate this Agreement at their own discretion and without notification in case the Licensee violates the Agreement provisions or does not fulfill their obligations under this Agreement. Upon the expiry of the validity term or termination of the Agreement for any reason, you must immediately cease working with the Product and delete all the copies of the Product and its components.
5.TERMINATION OF RIGHTS
After the termination of this Agreement, you will not have a right to use the Product for any purposes. In this case you must delete all the copies of the Product and its components, as well as return the License key for the Software product to the Licensor.
5.RESTRICTIONS ON USE
1.MODIFICATION AND TECHNOLOGY DISCLOSURE RESTRICTION
It is forbidden to modify, decompile or disassemble the Product or any its part, as well as to attempt to disclose the production technology. Besides, it is forbidden to transfer the licensed Product or any its part for them to perform such actions. You may not copy, imitate or create derivative or similar products on the basis of the whole or any part of the Software Product. Any such unauthorized use of the Software Product shall automatically entail termination of this Agreement, License recall, refusal in Technical support and Updates, as well as can be a ground for initiating a civil or penal action. You may not use the binary and/or source code of the Software Product in order to imitate, copy or replicate the algorithm of the Software Product, which is an intellectual property of the Licensor and is protected by copyright, without a written consent of the Licensor. The Licensor retains all other rights not stipulated in this provision.
2.TRANSFER FOR TEMPORARY OR COMMERCIAL USE
Under no circumstances shall the Licensee sell, grant under the license or sub-license, rent, provide for temporary use for compensation or free of charge, distribute, or otherwise transfer the Software, its full copy or some parts to any third parties without the written consent of the Licensor. If such a right is provided to you pursuant to your local laws, you may transfer your rights permanently in accordance with this Agreement to a physical or legal person on the following terms: a) you also transfer to this person this Agreement, the Software Product, all the attending electronic and printed documentation and all other software and hardware that were included into the distribution package of this Software Product, including all the copies, Updates and previous releases; b) you do not save any copies of the Software Product including backup copies and copies stored on the Computer device; c) the receiving party accepts the terms of this Agreement, as well as other terms that you agreed with when purchasing the license for this Software Product.
3.TRANSFER OF THE LICENSE KEY
You may not grant for free, sell or otherwise transfer the License key for the Software Product to third persons. You may not distribute the License key for the Software Product without the written consent of the Licensor. Such actions will be considered as a violation of copyright. The Licensor retains the right to demand compensation of losses inflicted to them due to the transfer of the License key or code contained in it by the Licensee to third persons. The compensation amount shall include all the expenses that the Licensor will incur when defending their rights in a court.
4.PROTECTION MEASURES AND THE LICENSE KEY
To prevent unauthorized use of the Software Product, special technical means can be applied in the software. The Licensor can also use these means to make sure that you are using the licensed copy of the Software.
FalconGaze warrants (manufacturer warranty) that the distribution package of the Software Product will correspond to the represented functionality and that the Software Product will operate substantially in accordance with the attending Documentation provided that it is used pursuant to the stipulations of the user manual and other technical and project documentation. The Licensor also guarantees that the media (e.g., CD-ROM), if any, on which the Software Product is provided to you will be free from production defects. This warranty shall be void if the Software malfunction occurred as a result of negligence, abuse or misapplication of the Software Product, as well as of violation of the stipulations of the user manual and other technical and project documentation, and installation of the Software Product in a configuration that is different from the recommended by the Licensor. Insignificant deviation from the functions specified in the Documentation is not a warranty event. The warranty claim term is 60 days from the moment of the Licensee's purchase of the Software Product.
THE WARRANTY SHALL NOT COVER THE TEST VERSION, UPDATES, ANY PREVIEW AND UNOFFICIAL RELEASES AND COPIES NOT FOR RESALE.
If the Software Product does not comply with this warranty, the Licensor shall either (a) correct or replace the defective software, or (b) return the purchase price paid for the Software. The Licensor has a right to return the above amount using payment methods that are different from the method the Licensee used to pay for the Software Product.
EXCEPT FOR THE LIMITED WARRANTY SET FORTH HEREIN, THE SOFTWARE IS PROVIDED "AS IS" AND THE LICENSOR MAKES NO PROMISES OR WARRANTIES (EITHER IMPLICIT OR EXPLICIT) EITHER BY PRIVATE OR BY COMMON LAW. YOU ASSUME THE RISK AND RESPONSIBILITY FOR APPLYING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION, USE, AND RESULTS OBTAINED WITH THE HELP OF THE SOFTWARE. THE LICENSOR MAKES NO WARRANTY THAT THE SOFTWARE PRODUCT WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SOFTWARE WILL BE COMPATIBLE WITH ANY HARDWARE AND SOFTWARE YOU ARE USING.TO THE MAXIMUM EXTENT PERMITTED BY THE LAW, THE LICENSOR REFUSES FROM ALL THE WARRANTIES, EITHER EXPLICIT OR IMPLICIT, INCLUDING BUT NOT LIMITED TO MARKETABILITY, NON-VIOLATION OF THIRD PARTY COPYRIGHT, COMPATIBILITY WITH OTHER SOFTWARE PRODUCTS (INTEGRATION), SATISFACTORY QUALITY OR FITNESS FOR ANY PURPOSES CONNECTED WITH THE SOFTWARE PRODUCT, OR THE ATTENDING DOCUMENTATION. SOME JURISDICTIONS DO NOT PERMIT LIMITATION OF CERTAIN WARRANTY TYPES, WHEREAS THE ABOVE LIMITATIONS MAY NOT BE APPLICABLE FOR YOU. YOU ACKNOWLEDGE THAT THE SOFTWARE PRODUCT CAN BE AVAILABLE OR UNAVAILABLE FOR USE DUE TO VARIOUS FACTORS, INCLUDING BUT NOT LIMITED TO: RECURRING SYSTEM MAINTENANCE (SCHEDULED OR UNSCHEDULED), FORCE-MAJEURE CIRCUMSTANCES, TECHNICAL INTERRUPTIONS IN THE SOFTWARE PRODUCT OPERATION, TELECOMMUNICATIONS STRUCTURES, DELAYS OR FAILURES CAUSED BY VIRUSES, "DENIAL OF SERVICE" ATTACKS, GROWING OR RANDOMLY WORKLOAD, AS WELL AS ACTIONS OR NEGLIGENCE OF THE THIRD PERSONS. THUS, THE LICENSOR EXPLICITLY REFUSES FROM ALL TYPES OF WARRANTIES CONNECTED WITH PERFORMANCE OF THE SYSTEM AND/OR THE SOFTWARE, AVAILABILITY OR TECHNICAL CHARACTERISTICS. THE LICENSOR DISCLAIMS ANY RESPONSIBILITY FOR THE LOSS OF DATA DURING DATA EXCHANGE PROCESS AND FOR NON-TRANSFER OF COMPLETE AND ACCURATE INFORMATION.
4.LIMITATION OF LIABILITY
The Licensor and/or their partners shall not be liable for any loss (including loss of profit, work stoppage or loss of business, data loss or other property damage) associated with using and impossibility of using the Software Product. In any case the liability of the licensor under any of the provisions of this License Agreement with the Licensee shall not excess the price paid by the Licensee for the Software Product.
7.PRIVATE INFORMATION AND SECURITY POLICY
By accepting the terms of this Agreement, you agree that the Licensor or their distributors may collect and keep your personal data (including your name, e-mail address, etc.), process and use them in accordance with then-current security policy of the Licensor. The policy with regard to the private information is a part of this Agreement and is available at the following address: http://falcongaze.com/ru/about/visitor-agreement.php.
8.USING THIRD-PARTY SOFTWARE
The Software Product may contain components (software tools, modules, etc.) of third-party manufacturers. The Licensor obtains the rights to use such software components based on the licenses and license agreements signed with third-party manufacturers, and such licenses and license agreements are an integral part of this Agreement.
All the third-party software components are an intellectual property of third-party manufacturers and are protected by the International copyright and property right laws on the intellectual property objects.