End user agreement for Busted.Net Keylogger and Message Monitor
BY INSTALLING THIS SOFTWARE YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "CANCEL" BUTTON, EXIT THE INSTALLATION PROCESS AND STOP USING THIS SOFTWARE.
Copyright 2005, 2006, 2007
PC Sentinel Software. All Rights Reserved.
LEGAL NOTICE: Is is a VIOLATION of this License Agreement to install or use Busted! for the purpose of gathering information that aids in the creation and/or updating of software or other devices intended to, in all or in part, a)discover whether Busted! is installed on a particular computer and/or b) disable Busted! or some or all of its features. Said information is the sole property of PC Sentinel Software and unauthorized use of this information is a violation of our copyright. If you are installing Busted! for this purpose, you are required to immediately click the CANCEL button and exit this installer. If Busted! is already installed, you are required to uninstall immediately and prohibited from using or disseminating said information. We do pursue violators of our copyright.
Please read this entire license agreement before loading the program onto your computer. If you do not accept the terms of this agreement, you must exit this installation.
Busted! is an easy way to keep tabs on how computers you own are being used, and is ideal for a family or small business use. By installing Busted!, you agree to the following terms and conditions:
PROGRAM MODES: Busted! runs in two modes, Trial Mode and Registered Mode. When first installed, Busted! runs on Trial Mode. In Trial Mode, portions of IM Chats, Web Pages, Applications Used and Keystrokes logs are not viewable. When a valid registration code is entered into Busted!, the program switches from Trial Mode to Registered Mode and all logs are viewable.
LICENSE GRANT: PC Sentinel Software (the "LICENSOR") grants the purchaser( the "LICENSEE") a nonexclusive license to:
a)install Busted! onto one(1) computer owned by the LICENSEE from the media provided. When installed, Busted! will be in Trial Mode.
b)obtain from LICENSOR registration codes to enable Busted! to be run in Registered Mode.
c)allow others to run Busted! in Trial Mode, unless or until requested by LICENSOR not to do so.
REGISTRATION CODES ARE NOT TRANSFERABLE. If LICENSEE requires Busted! to run in Registered Mode on more than one(1) computers, then additional licenses must be purchased.
LICENSEE may not: permit other individuals to use Busted! except under the terms listed above; permit concurrent use of Busted! on more than one(1) computers owned by LICENSEE; modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), or create derivative works based on Busted!; copy Busted! other than as specified above; rent, lease, grant a security interest in, or otherwise transfer rights to Busted!; or remove any proprietary notices or labels on Busted!.
In the event the LICENSEE violates any portion of this License the LICENSOR reserves the right to permanently revocate this license and cancel all registration codes used by LICENSEE. Failure by LICENSOR to enforce any provision in this Agreement does not prevent LICENSOR form enforcing any other provision as LICENSOR sees fit.
INSTALLATION, NOTIFICATION AND COMPLIANCE WITH LAWS: LICENSEE agrees that in the event of a dispute this agreement is governed by New Hampshire law and all actions taken will be through New Hampshire courts.
This license allows LICENSEE to install Busted! only on computers owned by LICENSEE. Furthermore, the license requires LICENSEE to notify all individuals using computers with Busted! installed that a)Busted! is installed and b)that all IM Chats, Keystrokes, Web Pages visited, and Applications used may be recorded by Busted!. The LICENSEE is responsible for compliance with all laws and regulations concerning notification that Busted! is installed on a particular computer.
This license prohibits the use of Busted! in any location, jurisdiction or under any circumstances where the use of this product is not lawful. LICENSEE is responsible for compliance with all federal, state and local laws and regulations.
REFUNDS: Please be aware that once a registration number has been issued, there is no way for LICENSOR to recall or rescind a registration number, and there is no way for LICENSOR to be guaranteed that the Program has been uninstalled and is no longer being used. Therefor, no refunds will be given after the initial purchase of the Program.
Note that Busted! may be evaluated FREE for an indefinite period of time. This is to ensure that the program is working to satisfaction BEFORE payment is submitted for the program.
INDEMNITY: You hereby indemnify, hold harmless and absolve LICENSOR against all and any claims of whatsoever nature and from whatsoever cause made by any party arising directly or indirectly from the use or misuse of Busted! by LICENSOR, or any of LICENSOR employees, representatives or agents.
SEVERABILITY: Should any provision in this Agreement be found to be unenforceable the remainder of the Agreement will apply nonetheless.
TERMINATION: The license will terminate automatically if you fail to comply with the limitations described herein. On termination, you must destroy all copies of the Software and Documentation.
EXPORT CONTROLS: None portion of Busted! or underlying information or technology may be downloaded or otherwise exported or re-exported (i.) into (or to a national or resident of) Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii.) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department Table of Denial Orders. By downloading or using Busted!, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.
MISCELLANEOUS: If the copy of Busted! you received was accompanied by a printed or other form of "hard-copy" End User License Agreement whose terms vary from this Agreement, then the hard-copy End User License Agreement governs your use of the Software. This Agreement represents the complete agreement concerning this license and may amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY LICENSEE IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by New Hampshire law (except for conflict of law provisions). The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
LICENSE METERING. LICENSOR has a built-in license metering module that helps LICENSEE to avoid any unintentional violation of this Software License Agreement. LICENSOR may use LICENSEE internal network for license metering between installed versions of Busted!.
SOFTWARE ACTIVATION. LICENSOR may use your internal network and Internet connection for the purpose of transmitting license-related data at the time of installation, registration or update to an LICENSOR-operated license server and validating the authenticity of the license-related data in order to protect LICENSOR against unlicensed or illegal use of Busted! and to improve customer service. Activation is based on the exchange of license related data between your computer and the LICENSOR license server. You agree that LICENSOR may use these measures and you agree to follow any applicable requirements.
TRANSFER OF RIGHTS: LICENSOR reserves the right to cede all rights and duties contained in this Agreement to a third party without any notice to You.
BREACH: Without prejudice to any other remedies which it may otherwise have in terms of this agreement or at law, LICENSOR shall be entitled to terminate this agreement by notice to LICENSEE, electronic or manual, in the event that LICENSEE commit a breach of the terms and conditions of this agreement.
Should LICENSOR incur any legal costs in enforcing its rights in terms of this agreement, LICENSEE shall be required to reimburse such costs as are incurred.
This Agreement will remain in force until such time as either party breaches the Agreement. In the event of a breach of the Agreement by LICENSEE, LICENSEE must destroy all copies and the original of Busted!.
This agreement constitutes the entire agreement between LICENSEE and LICENSOR and no warranties or representations whether express or implied will be of force and effect unless reduced to writing and agreed upon by both parties.
DISCLAIMER OF WARRANTY
LICENSOR AGREES TO USE BUSTED! AT THEIR OWN RISK.
LICENSOR DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO BUSTED!. THE END-USER ASSUMES ALL RISK AS TO THE SUITABILITY, QUALITY, AND PERFORMANCE OF BUSTED!. IN NO EVENT WILL LICENSOR, OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES, BE LIABLE TO THE END-USER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR IINABILITY TO USE THE PROGRAM OR ACCOMPANYING WRITTEN MATERIALS, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LICENSOR LIABILITY TO THE END-USER (IF ANY) FOR ACTUAL DIRECT DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO, AND IN NO EVENT SHALL EXCEED, THE AMOUNT ORIGINALLY PAID TO LICENSOR FOR THE LICENSE OF THE SOFTWARE.
LICENSOR does not warrant that Busted! will satisfy the requirements of your computer system, or that Busted! or its documentation are without defect or error, or that the operation of Busted! will be uninterrupted.
No PC Sentinel Software distributor, dealer, agent, or employee is authorized to make any warranty for the Program.
Busted! utiltizes the WinPCap library. The WinPCap license follows:
Copyright (c) 1999 - 2004 NetGroup, Politecnico di Torino (Italy).
All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
3. Neither the name of the Politecnico di Torino nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
This product includes software developed by the University of California, Lawrence Berkeley Laboratory and its contributors.