End user agreement for e-Surveiller spy software
E-SURVEILLER END-USER SOFTWARE LICENSE AGREEMENT
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS SOFTWARE. UNLESS YOU HAVE A DIFFERENT LICENSE AGREEMENT SIGNED BY SURVEILLETECH LLC., YOUR USE, DISTRIBUTION, OR INSTALLATION OF THIS COPY OF E-SURVEILLER INDICATES YOUR ACCEPTANCE OF THIS LICENSE.
IF YOU DO NOT AGREE TO ANY OF THE TERMS OF THIS LICENSE, THEN DO NOT INSTALL, DISTRIBUTE OR USE THIS COPY OF E-SURVEILLER.
1.0 LICENSE GRANT.
This is not free software. If you are an unregistered user, then subject to the terms of this agreement, you are hereby licensed by SurveilleTech, LLC. ("SurveilleTech") to use its e-Surveiller software and the accompanying documentation (The "Software") for evaluation purposes without charge for a period of 14 days. If you use this Software after the 14-day evaluation period, a registration fee is required. See the e-Surveiller web site at http://www.e-surveiller.com for information about online ordering and licensing.
Unregistered use of e-Surveiller after the 14-day evaluation period is in violation of International copyright laws.
This software is licensed for use by a single entity on one computer at one time.
2.0 DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.
THIS SOFTWARE, AND ALL ACCOMPANYING FILES, DATA AND MATERIALS, ARE DISTRIBUTED "AS IS" AND WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE USER MUST ASSUME THE ENTIRE RISK OF USING THE PROGRAM. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT.
THE SOFTWARE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. ACCORDINGLY, CHANGES AND/OR UPDATES MAY BE AFFECTED WITHOUT NOTICE TO YOU. SURVEILLETECH MAY ALSO MAKE IMPROVEMENTS AND/OR OTHER CHANGES TO THE SOFTWARE AT ANY TIME WITHOUT NOTICE TO YOU.
IN NO EVENT SHALL SURVEILLETECH OR ITS AFFILIATES, CONTRACTORS OR, SUCCESSORS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) 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.
3.0 RELEASE AND INDEMNITY.
The Software enables users to monitor computers remotely or locally. By using the Software you acknowledge that you are responsible for complying with all laws applicable to the content you monitor using the software, including privacy laws. Unauthorized monitoring or copying, distribution, public display of unauthorized observations may be an infringement of the monitored user's rights in certain circumstances. You acknowledge that any liability for such infringement lies solely with you.
The Software connects to third party IRC and Gnutella networks. The IRC and Gnutella networks provided are purely suggestive and you are required to read the AUP (Acceptable User Policy) of these networks before initiating a connection.
You agree to indemnify and hold SurveilleTech, its affiliates or successors harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of the Software.
4.0 PROHIBITED CONDUCT.
As a condition to your use of the Software, you agree that you will not use the Software (i) to obtain any unauthorised personal information of any monitored computer user, or to modify, erase or damage any information contained on the monitored computer; (ii) to infringe the intellectual property rights of others in any way (iii) to "stalk" or otherwise harass others; or (iv) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual.
By using this software, you agree to comply with the AUPs (Acceptable User Policies) of any third party networks you connect to.
In addition, in no event does SurveilleTech authorize you to use e-Surveiller in applications or systems where e-Surveiller's failure to perform can reasonably be expected to result in a significant physical injury, or in loss of life. Any such use by you is entirely at your own risk, and you agree to hold SurveilleTech harmless from any claims or losses relating to such unauthorized use.
5.0 CHOICE OF LAW, JURISDICTION, AND VENUE.
By using the Software, you agree that any dispute, controversy or claim arising out of or relating to this Agreement or its breach, termination, avoidance or invalidity, shall be resolved by a court of competent jurisdiction most conveniently located to where the officers of SurveilleTech reside.
6.0 ENTIRE AGREEMENT.
This Agreement is the complete statement of the agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements.
All rights of any kind in e-Surveiller, which are not expressly granted in this License, are entirely and exclusively reserved to and by SurveilleTech. You may not rent, redistribute, encumber, sell, sublicense, lease, modify, translate, reverse engineer, decompile, disassemble or create derivative works based on e-Surveiller, including translation or localization. You may not make access to e-Surveiller available to others in connection with a service bureau, application service provider, or similar business, or use e-Surveiller in a business to provide monitoring services to others. There are no third party beneficiaries of any promises, obligations or representations made by SurveilleTech herein.
SurveilleTech may amend the terms and conditions of this Agreement at any time by a notice on its web site, which shall be binding upon you; accordingly, you are urged to visit the e-Surveiller web site periodically to review the then current and effective terms and conditions for use of the Software. Certain provisions of these terms and conditions may be superceded by expressly designated legal notices or terms located within SurveilleTech's web site.
8.0 REFUND POLICY.
SALES OF THIS SOFTWARE PRODUCT IS FINAL. NO REFUNDS WILL BE ISSUED, GUARANTEED OR PROMISED. ONCE WE ISSUE A REGISTERED COPY THERE IS NO WAY FOR US TO RECALL, OR RESCIND A REGISTERED COPY THAT HAS ALREADY BEEN ISSUED TO A CUSTOMER. ESSENTIALLY, ONCE THE PROGRAM HAS BEEN ISSUED THERE IS NO WAY FOR US TO GUARANTEE THAT A CUSTOMER HAS NOT, OR IS NOT CONTINUING TO USE THE PRODUCT.
10.0 NON-WAIVER AND SEPARABILITY.
No delay or failure to take action under these terms and conditions will constitute a waiver thereof by SurveilleTech unless expressly waived in writing by a duly authorized officer of SurveilleTech.
The headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretations of this Agreement.
12.0 REGISTRATION AND ACCEPTANCE.
By clicking the "I Agree" box and installing and/or loading the Software, each user represents and warrants that he or she is 18 years of age or older, is capable of entering into a binding legal agreement, and has read, understands, and agrees to be bound by all provisions of this Agreement. Any parent or guardian of a person under the age of 18 may accept this Agreement on behalf of a user. By doing so, any such parent or guardian represents and warrants that he or she is 18 years of age or older, is capable of entering into a binding legal agreement, agrees to accept full responsibility for the child's use of the Software, and has read, understands, and agrees to be bound by the Agreement.
(C) SurveilleTech, LLC. 2002-2006