End user agreement for Spyware Protection Pro
3B SPYWARE PROTECTION PRO
All Rights Reserved
END USER LICENSE AGREEMENT (EULA)
NOTICE: 3B SOFTWARE, INC. LICENSES 3B SPYWARE PROTECTION PRO SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT. PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS, THEN 3B SOFTWARE, INC. IS UNWILLING TO LICENSE THE SOFTWARE TO YOU, IN WHICH EVENT YOU SHOULD REMOVE THE FULL PRODUCT.
LICENSE AND WARRANTY:
The software which accompanies this license (3B SPYWARE PROTECTION PRO) is the property of 3B Software, Inc. or its licensers and is protected by copyright law. While 3B Software, Inc. continues to own the 3B SPYWARE PROTECTION PRO software, you will have certain rights to use 3B SPYWARE PROTECTION PRO after your acceptance of this license. Your rights and obligations with respect to the use of 3B SPYWARE PROTECTION PRO are as follows:
If you do not agree to all of the terms of this agreement, you may not use or continue to use this software.
SCOPE OF GRANT
This EULA grants you the following, non-exclusive rights:
-Use the Software for personal purposes;
-Distribute the output with the associated footer;
-Use the Software on a single computer;
-Use the Software on a second computer so long as only one copy is used at a time;
-Make one copy of the Software for archival purposes, provided that
This copy contains all of the original Software’s proprietary notices.
-May re-distribute with any publication's CD or on internet provided only for promotional purpose of your publication/site and Software.
You may not:
-Permit other individuals to use the Software except under the terms listed above;
-Modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction);
-Copy the Software other than as specified above;
-Remove or edit any proprietary notices or labels on the Software.
All rights, title, and copyrights in and to the Software (including any images, photographs incorporated into the Software) and any copies of the Software, are owned by "THE DEVELOPER" or its suppliers. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Therefore, you must treat the Software like any other copyrighted material except that you may make one copy of the Software solely for backup or archival purposes. The Software is licensed, not sold.
Title, ownership rights, and intellectual property rights in the Software shall remain in "THE DEVELOPER" and/or its suppliers. The Software is protected by the copyright laws and treaties.
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 including accompanying documentation.
DISCLAIMER OF WARRANTY
This Software is provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. This Software has inherent limitations including design faults and programming bugs. You must use evaluation period to ensure that the product meets your needs and is fit for the purpose for which you intend to use it. This means that the entire risk as to the quality and performance of the Software is borne by you. Should the Software prove not compatible with other software titles/bugs on your system, you and not "THE DEVELOPER" assume the entire cost of any service and repair. This disclaimer of warranty constitutes an essential part of the agreement. Some jurisdictions do not allow exclusions of an implied warranty, so this disclaimer may not apply to you and you may have other legal rights that vary by jurisdiction.
LIMITATION OF LIABILITY.
To the maximum extent permitted by applicable law, in no event shall "THE DEVELOPER" or its agents, officers or suppliers be liable for any special, incidental, indirect, or consequential 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 of or inability to use the SOFTWARE PRODUCT or the advertising of the SOFTWARE PRODUCT or the provision of or failure to provide Support Services, even if "THE DEVELOPER" has been advised of the possibility of such damages. In any case, "THE DEVELOPER'S” entire liability under any provision of this EULA or any responsibility or liability created by the laws of your state/jurisdiction shall be limited to the amount actually paid by you for the SOFTWARE PRODUCT. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.
NOT FOR MISSION CRITICAL USE.
You warrant that you understand and agree that the software is not designed, intended or licensed for use in hazardous environments requiring fail-safe controls, including without limitation, the design, construction, maintenance or operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, life support or weapons systems, or any environment where a software or computer defect or failure could result is injury to persons, business or physical damage. "THE DEVELOPER" specifically disclaims any express or implied warranty of fitness for such purposes.
The SOFTWARE PRODUCT is a system utility, and as such can make irreversible changes to the state of computer on which it is run and that "THE DEVELOPER" cannot accurately predict or ensure the outcome in all possible scenarios, and therefore purchaser agrees to make and test a complete system backup and backup of all personal information before operating the SOFTWARE PRODUCT. You agree that you accept all responsibility for reversing or correcting any changes made by the SOFTWARE PRODUCT.
NO PERFORMANCE WARRANTY.
"THE DEVELOPER" specifically disclaims any warranty for the amount of performance increase or utility provided by the SOFTWARE PRODUCT. By purchasing this software and accepting this EULA you specifically agree that you understand that no representation or warranty is made by "THE DEVELOPER" that the SOFTWARE PRODUCT will necessarily increase performance or provide a utility benefit on your computer, and that no claim of specific deficiency, defect, or underperformance has been made with respect to your computer. Any claims of performance increases or utility made for the software are those of possible or potential improvement or utility, and no warranty is offered that a specific utility or amount of performance increase, if any, will be realized on any particular computer. Each computer is different and the scenarios under which they are used are different, and no claim is made that any one computer or usage scenario shall see a performance increase or utility benefit from the SOFTWARE PRODUCT. Your sole remedy for any dissatisfaction with the presence of or the degree or amount of performance improvement or utility shall be limited to the customer remedies described above.
NO OTHER WARRANTIES.
To the maximum extent permitted by applicable law, "THE DEVELOPER" and its suppliers disclaim all other warranties and conditions, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, with regard to the SOFTWARE PRODUCT, and the provision of or failure to provide Support Services. THE LIMITED WARRANTY THAT APPEARS ABOVE IS THE ONLY EXPRESS WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER EXPRESS WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING, OR LICENSE AGREMENTS THAT MAY ACCOMPANY THE PRODUCT ITSELF. EXCEPT FOR THE LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, "THE DEVELOPER" AND ITS AGENTS, OFFICERS, AND SUPPLIERS PROVIDE THE SOFTWARE AND SUPPORT SERVICES (IF ANY) AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OR RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES AND OF LACK OF NEGLIGENCE, OF FAILURE TO PREVENT VIRUSES OR TROJANS, OF FAILURE TO PREVENT UNAUTHORIZED ACCESS OR USE ALL WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. ALSO, HERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, AND CORRESPONDENCE TO DESCRIPTION OR NON-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 CONSEQUENTIAL DAMAGES
To the maximum extent permitted by applicable law, in no event shall "THE DEVELOPER" or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profit, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of the inability to use this product.
WAIVER OF RESPONSIBILITY FOR MISUSE
The Software can process copyright material and has no way of knowing if such processing is in breach of copyright law. You agree that it is your responsibility to ensure that you only process material for which you own or have licensed the copyright and, further, to indemnify and hold harmless "THE DEVELOPER" from any claim whatsoever relating to your improper use of the Software to process copyright materials.