End user agreement for Neo Security Flash
NEO SECURITY FLASH LICENSE AGREEMENT
IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT
(“LICENSE AGREEMENT”) CAREFULLY BEFORE USING THE SOFTWARE (AS DEFINED BELOW).
NEO TECHNOLOGY, S.A. DE C.V., IS WILLING TO LICENSE THE SOFTWARE TO YOU AS THE INDIVIDUAL, THE COMPANY, OR THE LEGAL ENTITY THAT WILL BE UTILIZING THE SOFTWARE (REFERENCED BELOW AS “YOU” OR “YOUR”) ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS LICENSE AGREEMENT. THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND NEO TECHNOLOGY, S.A. DE C.V. BY OPENING THIS PACKAGE, BREAKING THE SEAL, CLICKING THE “I AGREE” OR “YES” BUTTON OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR LOADING THE SOFTWARE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, CLICK THE “CANCEL” OR “NO” BUTTON OR OTHERWISE INDICATE REFUSAL, MAKE NO FURTHER USE OF THE SOFTWARE, AND CONTACT YOUR VENDOR OR NEO TECHNOLOGY CUSTOMER SERVICE, USING THE CONTACT DETAILS IN SECTION 10 OF THIS LICENSE AGREEMENT, FOR INFORMATION ON HOW TO OBTAIN A REFUND OF THE MONEY YOU PAID FOR THE SOFTWARE (LESS SHIPPING, HANDLING, AND ANY APPLICABLE TAXES EXCEPT IN CERTAIN STATES AND COUNTRIES WHERE SHIPPING, HANDLING, AND TAXES ARE REFUNDABLE) AT ANY TIME DURING THE SIXTY (60) DAY PERIOD FOLLOWING THE DATE OF PURCHASE.
The software (including any accompanying features and services) and documentation (including any product packaging) (the “Documentation”), that accompanies this License Agreement (collectively the “Software”) is the property of Neo Technology or its licensors, and is protected by copyright law. Although Neo Technology continues to own the Software, after Your acceptance of this License Agreement You will have certain rights to use the Software during the Service Period. The “Service Period” shall begin on the date of Your initial installation of the Software, regardless of the number of copies that You are permitted to use in accordance with Section 1.A of this License Agreement, and shall last for the period of time set forth in the Documentation or the applicable transaction documentation from the authorized distributor or reseller from which You obtained the Software. The Software may automatically deactivate and become non-operational at the end of the Service Period, and You will not be entitled to receive any feature or content updates to the Software unless the Service Period is renewed. Subscriptions for renewals of the Service Period will be available in accordance with Neo Technology’s support policy posted at http://www.neotechnology.com.mx/en/corp/tou.html
This License Agreement governs any releases, revisions, updates or enhancements to the software that Neo Technology may make available to You. Except as may be modified by the documentation, and subject to Neo Technology’s right to terminate for Your breach pursuant to Section 9, Your rights and obligations under this License Agreement with respect to the use of this Software are as follows.
During the Service Period, You may:
A. use one copy of the Software on a single device. If a greater number of copies and/or number of devices is specified within the Documentation or the applicable transaction documentation from the authorized distributor or reseller from which You obtained the Software, You may use the Software in accordance with such specifications;
B. make one copy of the Software for back-up or archival purposes, or copy the Software onto the hard disk of Your computer and retain the original for back-up or archival purposes;
C. permanently transfer all of Your rights in the Software granted under this License Agreement to
another person or entity, provided that You retain no copies of the Software and the transferee agrees to the terms of this License Agreement. Partial transfer of Your rights under this License Agreement shall not be permitted. For example, if the applicable documentation grants You the right to use multiple 2 copies of the Software, only a transfer of the rights to use all such copies of the Software would be valid; and
D. use the Software in accordance with any additional permitted uses which may be set forth below.
You may not, nor may you permit any other person to:
A. sublicense, rent or lease any portion of the Software;
B. reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software or create derivative works from the Software;
C. use the Software as part of a facility management, timesharing, service provider or service bureau arrangement; or
D. use the Software in any manner that is not permitted pursuant to this License Agreement.
2. Software Feature and Content Updates:
A. You shall have the right to receive new features to the Software as Neo Security, in its sole discretion, makes such features available with the Software during Your Service Period. Neo Technology continually strives to improve the usability and performance of its products and services. In order to optimize the Software Neo Technology may, at its discretion and without notice, add, modify or remove features from the Software at any time.
B. Certain Software uses content that is updated from time to time, including but not limited to the
following Software: antivirus and crimeware software use updated virus definitions; antispyware software uses updated spyware definitions; antispam software uses updated antispam rules; content filtering and antiphishing software use updated URL lists; some firewall software use updated firewall rules; vulnerability assessment products use updated vulnerability data and web site authentication software uses updated lists of authenticated web pages; these updates are collectively referred to as “Content Updates” (or alternatively referred to as “Protection Updates” or “Security Updates” at times). You shall have the right to receive Content Updates for the Software during Your Service Period.
3. Product Installation; Required Activation:
A. During the installation process, the Software may uninstall or disable other security products, or
features thereof, if such products or features are incompatible with the Software or for purposes of
improving the overall functionality of the Software.
B. There may be technological measures in this Software that are designed to prevent unlicensed or illegal use of the Software. You agree that Neo Security may use these measures to protect Neo Technology against software piracy. This Software may contain enforcement technology that limits the ability to install and uninstall the Software on a computer to not more than a finite number of times for a finite number of computers. This License Agreement and the Software containing enforcement technology may requireactivation as further set forth in the Documentation. If so, the Software will only operate for a finite period of time prior to Software activation by You. During activation, You may be required to provide Your unique product key accompanying the Software and computer configuration in the form of an alphanumeric code over the Internet to verify the authenticity of the Software. If You do not complete theactivation within the finite period of time set forth in the Documentation, or as prompted by the Software, the Software will cease to function until activation is complete; at which time the Software functionality will be restored. In the event that You are not able to activate the Software over the Internet, or through any other method specified during the activation process, You may contact Neo Technology Customer Support using the information provided by Neo Technology during activation, or as set forth below.
4. Privacy; Data Protection:
From time to time, the Software may collect certain information from the computer on which it is installed, which may include:
• Information regarding installation of the Software. This information indicates to Neo Technology whether installation of the Software was successfully completed and is collected by Neo Technology for the purpose of evaluating and improving Neo Technology’s product installation success rate. This information will not be correlated with any personally identifiable information.
• Information on potential security risks as well as URLs of websites visited that the Software deems potentially fraudulent. The URLs could contain personally identifiable information that a 3 potentially fraudulent website is attempting to obtain without Your permission. This information is collected by Neo Technology for the purpose of evaluating and improving the ability of Neo Technology’s products to detect malicious behavior, potentially fraudulent websites and other Internet security risks. This information will not be correlated with any personally identifiable information.
• The name given during initial setup to the device on which the Software is being installed. If collected, the name will be used by Neo Technology as an account name for such device under which You may elect to receive additional services and/or under which You may use certain features of the Software.
• Other general, statistical information used for license administration, product analysis, and for improving product functionality. This information will not be correlated with any personally identifiable information. The collected information as set out above is necessary for the purpose of optimizing the functionality of Neo Technology’s products and may be transferred to the Neo Technology group in Mexico or the United States or other countries that may have less protective data protection laws than the region in which You are situated (including the European Union), but Neo Technology has taken steps so that the collected information, if transferred, receives an adequate level of protection. Neo Technology may disclose the collected information if asked to do so by a law enforcement official as required or permitted by law or in response to a subpoena or other legal process. In order to promote awareness, detection and prevention of Internet security risks, Neo Technology may share certain information with research organizations and other security software vendors. Neo Technology may also use statistics derived from the information to track and publish reports on security risk trends. By using the Software, You acknowledge and agree that Neo Technology may collect, transmit, store, disclose and analyze such information for these purposes.
5. Thirty (30) Day Money Back Guarantee:
If You are the original licensee of this copy of the Software and are not completely satisfied with it for any reason, please make no further use of the Software and contact Neo Technology Customer Service, using the contact details set out in Section 9 of this License Agreement, for a refund of the money You paid for the Software (less shipping, handling, and any applicable taxes except in certain states and countries where shipping, handling and taxes are refundable) at any time during the thirty (30) day period following the date of purchase.
6. Limited Warranty:
Neo Technology warrants that any media manufactured by Neo Technology on which the Software is distributed will be free from defects for a period of thirty (30) days from the date of delivery of the Software to You. Your sole remedy in the event of a breach of this warranty will be that Neo Technology will, at its option, replace any defective media returned to Neo Technology within the warranty period or refund the money You paid for the Software. Neo Technology does not warrant that the Software will meet Your requirements or that operation of the Software will be uninterrupted or that the Software will be error-free.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ABOVE WARRANTY IS
EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
7. Disclaimer of Damages:
SOME STATES AND COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITYFOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE BELOW LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL NEO TECHNOLOGY OR ITS LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF NEO TECHNOLOGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO CASE SHALL NEO TECHNOLOGY’S OR ITS LICENSORS’ LIABILITY EXCEED THE PURCHASE PRICE WHICH YOU PAID FOR THE APPLICABLE SERVICE PERIOD. The disclaimers and limitations set forth above will apply regardless of whether You accept the Software.
8. Export Regulation:
You acknowledge that the Software and related technical data and services (collectively "Controlled
Technology") may be subject to the import and export laws of the Mexico, specifically Mexico City’s laws, and the laws of any country where Controlled Technology is imported or re-exported. You agree to comply with all relevant laws and will not export any Controlled Technology in contravention to mexican laws nor to any prohibited country, entity, or person for which an export license or other governmental approval is required. All Neo Technology products is prohibited for export or re-export to Cuba, North Korea, Iran, Syria and Sudan and to any country subject to relevant trade sanctions.
USE OR FACILITATION OF NEO TECHNOLOGY’S PRODUCTS IN CONNECTION WITH ANY ACTIVITY INCLUDING, BUT NOT LIMITED TO, THE DESIGN, DEVELOPMENT, FABRICATION, TRAINING, OR TESTING OF CHEMICAL, BIOLOGICAL, OR NUCLEAR MATERIALS, OR MISSILES, DRONES, OR SPACE LAUNCH VEHICLES CAPABLE OF DELIVERING WEAPONS OF MASS DESTRUCTION IS PROHIBITED, IN ACCORDANCE WITH THE MEXICAN LAWS.
This License Agreement will be governed by the laws of Mexico.
This License Agreement is the entire agreement between You and Neo Technology relating to the Software and: (i) supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter; and (ii) prevails over any conflicting or additional terms of any quote, order, acknowledgment, or similar communications between the parties. Notwithstanding the foregoing, nothing in this License Agreement will diminish any rights You may have under existing consumer protection legislation or other applicable laws in Your jurisdiction that may not be waived by contract. This License Agreement shall terminate upon Your breach of any term contained in this License Agreement and You shall cease use of and destroy all copies of the Software and Documentation. The disclaimers of warranties and damages and limitations on liability shall survive termination. This License Agreement may only be modified by the Documentation or by a written document that has been signed by both You and Neo Technology. Should You have any questions concerning this License Agreement, or if You desire to contact NeoTechnology for any reason, please write to Neo Technology Customer Service: firstname.lastname@example.org, Poniente 140 #839-303, Col. IndustrialVallejo, C.P. 02300, México, D.F. or visit the Support page at www.neotechnology.com.mx