End user agreement for Browser Defender
BROWSER DEFENDER END USER LICENCE AGREEMENT ("EULA")
NOTIFICATION: PERMISSION TO USE THIS SOFTWARE ("SOFTWARE") IS CONDITIONAL UPON YOU AS THE CUSTOMER AND LICENSEE ("YOU"), AGREEING TO THE TERMS SET OUT BELOW ("THIS AGREEMENT").
BY INSTALLING AND USING THE SOFTWARE YOU WILL BE DEEMED TO HAVE ACCEPTED THIS AGREEMENT AND YOU WILL BECOME THE LICENSEE OF THE SOFTWARE. PLEASE PRINT A COPY FOR YOUR RECORDS.
1.1 If you are a resident of Oceania at the time you first installed the Software, then the licensor of the Software is an Australian Company, Threat Expert Pty Ltd ACN 125 540 641 and the parties to this Agreement will be you and Threat Expert Pty Ltd ACN 125 540 641. If you are not a resident of Oceania at the time you first installed the Software, then the licensor of the Software is an Irish Company, Threat Expert Limited (Irish Company Number 437280) and the parties to this Agreement will be you and Threat Expert Limited (Irish Company Number 437280). For the purposes of this Agreement, the licensor (being either Threat Expert Limited or Threat Expert Pty Ltd) will be referred to as "Threat Expert". For the purposes of this Agreement, "Oceania" means American Samoa, Antarctica, Australia and its outside territories, including Heard Island & McDonald Islands, Cocos (Keeling) Islands, Christmas Island, Ashmore & Carter Islands, and Coral Sea Islands, Cook Islands, Fiji, French Polynesia, Guam, Kiribati, Marshall Islands, Federated States of Micronesia, Nauru, New Caledonia, New Zealand, Niue, Norfolk Island, Northern Mariana Islands, Palau, Papua New Guinea, Pitcairn Islands, Samoa, Solomon Islands, Tokelau, Tonga, Tuvalu, Vanuatu and Wallis and Futuna Islands.
1.2 Threat Expert has agreed to license the use of the Software to you pursuant to this Agreement and the terms and conditions set out below and grants to you a non-exclusive, non-transferable, revocable licence to:
1. install and execute the Software; and
2. use the Software strictly in accordance with the provisions of this Agreement.
1.3 You are downloading a free trial version of the Software, and may use it on one computer until this agreement is terminated by Threat Expert. However, you are not entitled to receive technical support or other services from Threat Expert as part of this free licence.
1.4 This Agreement commences upon your first installation and use of the Software and may be terminated by Threat Expert at any time without notice. Termination shall not affect any rights or remedies which Threat Expert may otherwise have under this Agreement or at law.
1.5 Your licence to use the Software as granted herein only permits you to use the version of the Software which you have installed from Threat Expert. It does not permit you to use any other version of the Software.
2.1 As the Licensee you hereby undertake the following obligations:
1. to not print, copy, reproduce, translate, adapt, vary, alter, change, reverse engineer, decompile or modify the Software by any means or in any other form, other than to make one temporary copy of the Software for back-up and security purposes, without the express consent of Threat Expert, except as expressly authorised by this Agreement and subject to your rights under applicable law;
2. to supervise and control the use of the Software in accordance with the terms of this Agreement;
3. to not provide or otherwise make available the Software in any form to any person without the written consent of Threat Expert;
4. to not give, lease, assign, license, sub-license, transfer, distribute, disclose, disseminate or publish the software in any form to any other person or attempt to do any of these acts;
5. to not alter, change, remove or obscure any notices or other indications (including copyright notices) as to ownership of the Software;
6. to not use the Software in automatic, semi-automatic or manual tools designed to create virus signatures, virus detection routines, any other data or code for detecting malicious code or data; and
7. to not engage in any acts which infringe Threat Expert's intellectual property rights in the Software.
2.2 You acknowledge that the Licence granted by Clause 1 does not make you the owner of the Software nor does it cause any transfer or assignment of any copyright or any other intellectual or industrial property rights subsisting in the Software to you.
3.1 You hereby acknowledge that the Software and any information or data provided through its use ("Content") may not be uninterrupted and cannot be guaranteed error free and further acknowledge that the existence of any such errors shall not constitute a breach of this Agreement by Threat Expert. You acknowledge and agree that (i) the Software and the Content may contain errors and defects and may not function as intended or in accordance with its specifications; and (ii) you assume all risk in using the Software and the Content and agree to take due care in the installation, execution and testing of the Software on your computer system.
3.2 The particular operating systems ("Compatible OS") and browser and search engines (each a "Compatible Application") upon which the Software has been designed to execute will be published by Threat Expert from time to time. You agree that you will not execute or install the Software on any operating system other than a Compatible OS, or execute the Software on any browser or search engine other than a Compatible Application. You acknowledge and agree that the Software may not execute correctly and may interfere with other software if executed on an operating system which is not a Compatible OS, or on any browser or search engine which is not a Compatible Application.
3.3 In the event that any terms, conditions, representations or warranties are implied by statute, common law or equity ("Prescribed Terms") into this Agreement which cannot be lawfully excluded, the Prescribed Terms will apply to this Agreement, save that the liability of Threat Expert for breach of any Prescribed Terms will be limited, to the extent permitted by law, at the option of Threat Expert, to any one or more of the following:
1. the replacement of the Software to which the breach relates or the supply of equivalent Software;
2. the repair of the Software;
3. the payment of the cost of replacing the Software or of acquiring equivalent Software; or
4. the payment of the cost of having the Software repaired.
3.4 If the liability of Threat Expert for breach of any Prescribed Terms is capable of exclusion, they are hereby excluded to the fullest extent permitted by law.
3.5 Except as provided by the Prescribed Terms (if any), which are not capable of exclusion or limitation, or as expressly set out in these terms:
1. the Software and the Content are provided "as is" and Threat Expert makes no warranties in relation to the Software or the Content, including warranties as to the performance or fitness for purpose of the Software or the Content (other than that Threat Expert is entitled to grant to you the rights set out in this EULA);
2. you will not under any circumstances have any cause of action against, or right to claim or recover from, Threat Expert for or in respect of any loss, damage or injury (including without limitation any loss of profit, indirect or consequential loss, damage or injury) arising from the supply or use of the Software or Content, or any breach of these terms; and
3. subject to paragraph (b) above, the maximum liability of Threat Expert to you in respect of any breach of this Agreement or otherwise in respect of your use of the Software and the Content will be the amount you have paid Threat Expert for the Software and if you have not paid Threat Expert any amount for the Software, will be the amount of USD $1 (one US dollar).
3.6 You acknowledge that:
1. you have exercised your independent judgment in acquiring the Software and have not relied upon any representations made by Threat Expert which have not been stated expressly in this Agreement or upon any descriptions or illustrations or specifications contained in any document including catalogues or publicity material produced by Threat Expert; and
2. the categorisation of websites and url's using the Software represent an opinion of Threat Expert based on a limited examination of the content at that location and cannot be guaranteed to be complete and is not represented to be a definitive statement of that website or url.
Copyright and Trade Marks
4.1 You acknowledge that the Software, the Content and all related products (including but not limited to computer manuals and computer literature) ("Products") are the subject of copyright. You therefore shall not, during or any time after the expiry or termination of this Agreement, permit any act which infringes that copyright and, without limiting the generality of the foregoing, you specifically acknowledge that you may not copy the Software, the Content or Products except as otherwise expressly authorised by this Agreement.
4.2 You shall not during or at any time after the expiry or termination of this Agreement permit any act which infringes the trade marks used in connection with the Software.
4.3 You shall indemnify Threat Expert fully against all liabilities, costs and expenses which Threat Expert may incur to a third party as a result of your breach of this Clause 5.
Collection of Information
5.2 The Software is designed to provide a safety analysis and rating in relation to sites which you visit. As you use the Software, the safety rating of a site you visit or which appears in a search result is transmitted to Threat Expert's servers to provide you with the site's safety rating. Threat Expert also collects anonymous data in relation to sites which you visit to assist with prioritising sites on which to perform analysis. All information collected by Threat Expert will be used solely for the purpose of providing Content, and Threat Expert will never collect personally identifiable data about you.
6.1 Threat Expert, its employees and its agents are subject to U.S. export control laws that prohibit or restrict (i) transactions with certain parties, and (ii) the type and level of technologies and services that may be exported. You agree to comply fully with all laws and regulations of the United States and other countries (Export Laws) to assure that neither the Software, nor any direct products thereof are (1) exported, directly or indirectly, in violation of Export Laws, or (2) are used for any purpose prohibited by Export Laws, including, without limitation, nuclear, chemical, or biological weapons proliferation.
6.2 None of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, North Korea, Iran, Sudan, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's List of Specially Designated Nationals or the U.S. Commerce Department's Denied Persons List, Unverified List, Entity List, Nonproliferation Sanctions or General Orders. By downloading or using the Software, 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, and that you acknowledge you are responsible to obtain any necessary U.S. government authorization to ensure compliance with U.S. law.
7.1 The benefit of this Agreement shall not be dealt with in any way by you (whether by assignment, sub-licensing or otherwise) without Threat Expert's written consent and this Agreement shall be binding on your successors and assigns.
7.2 Failure or neglect by either party to enforce at any time any of the provisions of this Agreement shall not be construed or deemed to be a waiver of that party's rights under this Agreement.
7.3 Threat Expert may amend any of the terms of this Agreement by (a) providing written notice to you of such amendments; and/or (b) displaying such amendments or an amended copy of this Agreement to you during your installation and/or execution of the Software. Without limiting the methods by which you may accept such amended terms, you acknowledge and agree that your ongoing use of the Software after you are made aware of any amended terms to this Agreement will constitute your acceptance of such amended terms.
7.4 If you do not agree to any amendments made by Threat Expert to the terms of this Agreement, then you must uninstall the Software from your computer and cease any further use of the Software. In such circumstances, you may also contact Threat Expert to determine if you are eligible for a refund or partial refund of any purchase price paid to Threat Expert in respect of the Software (subject to any conditions which Threat Expert may place in respect of paying such a refund).
7.5 If the parties to this Agreement (as determined by Clause 1.1 above) are you and Threat Expert Pty Ltd ACN 125 5470 641, then this Agreement shall be governed by and construed according to the laws in force in Victoria, Australia and you irrevocably submit to the exclusive jurisdiction of the Courts of the State of Victoria and the Commonwealth of Australia. If the parties to this Agreement are you and Threat Expert Limited (Irish Company Number 437280) then this Agreement will be governed by and construed according to the laws in force in the Republic of Ireland and you irrevocably submit to the exclusive jurisdiction of the Courts of the Republic of Ireland.
If you have any questions or require clarification relating to the terms and conditions of this Agreement, please contact Threat Expert online at www.browserdefender.com or attention:
Threat Expert Limited,
Units A & B, Block 4
Shannon Business Park, Shannon
Co. Clare, Ireland