End user agreement for 3B Personal Firewall Pro
SECUREUP CORPORATION END-USER LICENSE AGREEMENT
DO NOT USE THIS PRODUCT UNTIL LICENSEE HAS CAREFULLY
READ THE FOLLOWING TERMS AND CONDITIONS. USING THIS
PRODUCT INDICATES THAT THE SINGLE END-USER OF THE
ENCLOSED SOFTWARE (THE "LICENSEE") ACCEPTS THESE
TERMS AND CONDITIONS. IF LICENSEE AGREES TO ALL
TERMS AND CONDITIONS, CLICK ON THE 'I AGREE' BUTTON;
OTHERWISE, CLICK ON THE 'EXIT' BUTTON.
Licensee acknowledges that Licensee has read this agreement
and understands this agreement (the "Agreement") is the final,
complete and exclusive statement of the entire agreement between
SecureUp Computer Corporation ("SecureUp") and Licensee. This Agreement
supersedes any prior and contemporaneous proposals, purchase
orders, advertisements, and all other communications in relation
to the subject matter of this agreement, whether oral or written.
No terms or conditions, other than those contained in this
Agreement, and no other understanding or agreement which in any
way modifies these terms and conditions, shall be binding upon
SecureUp unless made by a written agreement, executed by duly
authorized representatives of both SecureUp and Licensee.
LICENSED SOFTWARE AND DOCUMENTATION LICENSE
1. Licensee may not alter, assign, create derivative works,
decompile, disassemble, distribute, lease, modify, reverse
engineer, sublicense, transfer or translate in any way the
Licensed Software or Documentation.
2. If either the Licensed Software or Documentation is used in any
way not expressly and specifically permitted by this License,
then the License shall immediately terminate. Upon the
termination of the License, Licensee shall thereafter make no
further use of the Licensed Software or Documentation, and
Licensee shall delete all licensed materials from the Central
1. NO WARRANTY ON LICENSED SOFTWARE OR DOCUMENTATION.
SecureUp licenses the Licensed Software and Documentation solely on
an "AS IS" basis without warranties of any kind, such as
warranties of merchantability or fitness for any particular
purpose. The entire risk of quality and performance is with
Licensee. The Software and Documentation are not represented to
be error-free. If either the Licensed Software, Documentation
or both prove to be defective, Licensee assumes the entire cost
of all servicing, correction or repair.
2. The foregoing warranty gives Licensee specific legal rights, and
Licensee may also have other rights which vary from state to
state. Some states do not allow the limitation or exclusion of
implied warranties, so the above limitations may not apply to
3. In no event shall SecureUp be liable for any other obligations or
liabilities including, but not limited to, liability for damages
(whether general or special, direct or indirect, consequential,
incidental, exemplary), or for any claim for the loss of profits,
business or information, or damage to good will even if SecureUp has
been advised of the possibility of such damages. In any event,
SecureUp's maximum liability shall be limited to the amount of the
purchase price. Some states do not allow the limitation or
exclusion of incidental or consequential damages, so the above
limitations may not apply to Licensee.
U.S. GOVERNMENT RESTRICTED RIGHTS LEGEND
The Licensed Software and Documentation have been developed
exclusively at private expense, and are provided with RESTRICTED
RIGHTS. Use, duplication or disclosure by the Government is subject
to restrictions as set forth in subparagraph (c)(1)(ii) of the
Rights in Technical Data and Computer Licensed Software clause at
10-13-00. SecureUp is the Contractor, and is located at
1930 W. Glenoaks Blvd #6, Glendale, CA 91201 (818) 846-7100
This Agreement shall be considered severable, and if for any reason
any term or condition is determined to be invalid, illegal or
unenforceable under current or future law, such invalidity shall not
impair the operation of, or otherwise effect, the valid terms and
conditions of this Agreement, so long as the intent of this Agreement
This Agreement shall be governed by, construed and enforced in
accordance with the laws of the Commonwealth of Pennsylvania, with
the exception of its conflict of law provisions. The parties consent
to the personal jurisdiction of the Commonwealth of Pennsylvania and
agree that any legal proceedings arising out of this Agreement shall
be conducted solely in such Commonwealth.
No action, regardless of form, arising out of this Agreement may be
brought by either party more than one (1) year after a claim has
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITE.
Any software that is made available to download from this server ("Software") is the copyrighted work of SecureUp and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.
The Software is made available for downloading solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
SecureUp product includes a complimentary, limited time subscription to protection updates for the subscription services used by your product. When that subscription is due to expire, you will be due nominal fee on a month-to-month basis. To cancel you must write SecureUp Corporation a detailed letter concerning your subscription cancellation. Additional fees will apply.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, SECUREUP CORPORATION HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, SECUREUP MAY MAKE AVAILABLE ON THIS SERVICE OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. SECUREUP DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THIS SERVICE OR IN SECUREUP SOFTWARE PRODUCTS.
RESTRICTED RIGHTS LEGEND. Any Software which is downloaded from this Server for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is SecureUp Corporation, 1930 W. Glenoaks Blvd #6, Glendale, CA 91201
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEBSITE.
Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from this server ("Server") is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from this Server is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions ( specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Documents specified above do not include the design or layout of the SecureUp.com website or any other SecureUp owned, operated, licensed or controlled site. Elements of SecureUp websites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any SecureUp website may be copied or retransmitted unless expressly permitted by SecureUp.
SECUREUP AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. SECUREUP AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL SECUREUP AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS SERVER.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SECUREUP AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS WEBSITE.
IN NO EVENT SHALL SECUREUP AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THIS SERVER.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE.
LINKS TO THIRD PARTY SITES.
THE LINKS IN THIS AREA WILL LET YOU LEAVE SECUREUP'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF SECUREUP AND SECUREUP IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. SECUREUP IS NOT RESPONSIBLE FOR WEB CASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. SECUREUP IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY SECUREUP OF THE SITE.
UNSOLICITED IDEA SUBMISSION POLICY.
SECUREUP OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN SECUREUP'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO SECUREUP. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO SECUREUP OR ANYONE AT SECUREUP. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT SECUREUP MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
FEEDBACK AND INFORMATION.
ANY FEEDBACK YOU PROVIDE AT THIS SITE SHALL BE DEEMED TO BE NON-CONFIDENTIAL. SECUREUP IS FREE TO USE SUCH INFORMATION ON AN UNRESTRICTED BASIS.
Copyright © 2000-2002 SecureUp Corporation. All rights reserved.