End user agreement for SurfCop for Microsoft Forefront TMG/ISA Server
Please read this agreement carefully before using SurfCop. By installing and using our software, you acknowledge that you have read this agreement, understand it and agree to be bound by its terms and conditions.
This SurfCop End-User License Agreement ("Agreement") is a legal agreement between you (either an individual or a single entity known as "Customer") and Red Line Software LLC, which owns a proprietary computer software (collectively known as "SurfCop" or "Software"). By installing, copying, or otherwise using the Software or any Software Updates, Customer agrees to be bound by the terms of this Agreement. If Customer does not agree to the terms of this Agreement, do not install, copy, or use the Software, including all Software Updates that Customer received as part of the Software.
All title and copyrights in and to the Software (including but not limited to any software components, product documentation and associated media, sample files, extension files, tools and utilities, miscellaneous technical information, collectively referred to herein as the "Software"), and any copies of the Software, are owned by Red Line Software LLC. The Software is protected by US copyright laws and international treaty provisions. Therefore, you must treat the Software like any other copyrighted material, except that Customer may either (i) make one copy of the Software solely for backup or archival purposes, provided Customer reproduces and includes Red Line Software LLC's copyright and trademark notices contained on the original disk labels on such backup copy, or transfer the Software to a hard disk, provided Customer keeps the original solely for backup and archival purposes. The Software is licensed, not sold.
2. Grant of License
Red Line Software LLC grants Customer a 30 day free trial license for testing purposes only. After 30 days, Customer must buy the Software or cease using the Software altogether.
Red Line Software LLC grants Customer a non-exclusive license to use the SurfCop computer software. Beyond the right to use the Software, this license also entitles the Customer to free support and product upgrades. These additional benefits are time limited and subject to the maintenance plan purchased or included in the license.
SurfCop shall be deemed accepted by Customer upon payment of the Software by Customer
License is issued on Data Center level. This means that one license can be activated and used on one Data Center instance only
3. Other Restrictions
The Software is the sole and exclusive property of Red Line Software LLC, including all applicable rights to patents, copyrights, trademarks and trade secrets and is provided for Customer's exclusive use for the purposes of this Agreement and will be held in confidence.
Customer will not remove any designation mark from any supplied material that identifies such material as belonging to or developed by Red Line Software LLC Customer agrees not to disassemble, decompile, reverse engineer or otherwise reduce the Software to perceptible form.
Customer may not rent, lease, or sub license the Software.
Customer may permanently transfer all of Customer's rights under this Agreement, provided Customer retains no copies, Customer transfers all of the Software (including all component parts, the media and printed materials, any upgrades, and this Agreement), Customer provides Red Line Software LLC notice of Customer's name, company, and address and the name, company, and address of the person to whom Customer is transferring the rights granted herein, and the recipient agrees to the terms of this Agreement and pays to Red Line Software LLC a transfer fee in an amount to be determined by Red Line Software LLC and in effect at the time in question. If the Software is an upgrade, any transfer must include all prior versions of the Software. If the Software is received as part of a subscription, any transfer must include all prior deliverables of Software and all other subscription deliverables. Upon such transfer, Customer's license under this Agreement is automatically terminated.
Customer may use or transfer the Updates to the Software only in conjunction with Customer's then-existing Software. The Software and all Updates are licensed as a single product and the Updates may not be separated from the Software for use at any time.
We cannot guarantee that the Software will work for all times. If you change your operating system, the software may not work anymore.
All title and intellectual property rights in and to the content which may be accessed through use of the Software are the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This Agreement grants you no rights to use such content.
Customer must make sure that it is legal to use the software in Customer's country or jurisdiction with the supported features. Red Line Software LLC only provides a license to the software. It's the customers responsibility to make sure that Customer is allowed to use the software.
All trademarks are owned by their respective holders.
Without prejudice to any other rights, Red Line Software LLC may terminate this Agreement if Customer fails to comply with the terms and conditions of this Agreement. In such event, Customer must destroy all copies of the Software in any form and all of its component parts.
5. Disclaimer of Warranty
NO WARRANTIES. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RED LINE SOFTWARE LLC DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY AGAINST INFRINGEMENT, WITH REGARD TO THE SOFTWARE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
NO LIABILITY FOR DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RED LINE SOFTWARE LLC BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF RED LINE SOFTWARE LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
RED LINE SOFTWARE LLC SHALL BE RELIEVED OF ANY AND ALL OBLIGATIONS WITH RESPECT TO THIS SECTION FOR ANY PORTIONS OF THE SOFTWARE THAT ARE REVISED, CHANGED, MODIFIED, OR MAINTAINED BY ANYONE OTHER THAN RED LINE SOFTWARE LLC
6. Governing Law
This Agreement shall be construed and the legal relation between the parties determined in accordance with US law.
CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAS READ THIS AGREEMENT, UNDERSTAND IT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. CUSTOMER FURTHER AGREES THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN CUSTOMER AND RED LINE SOFTWARE LLC WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN CUSTOMER AND RED LINE SOFTWARE LLC RELATING TO THE SOFTWARE. This Agreement may not be modified except by a writing signed by a duly authorized representative of Red Line Software LLC.
Copyright (c) 2003-2009 Red Line Software LLC