End user agreement for ESP Monitoring & Keylogger
End User License Agreement
This End User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Horizon DataSys Inc.. ("Horizon DataSys Inc."), for Horizon DataSys Inc. software product(s) identified above, which includes computer software and associated media and printed materials, and may include "online" or electronic documentation and support/help information ("SOFTWARE PRODUCT" or "SOFTWARE"). By installing, copying, or otherwise using ESP+ Monitoring, you agree to be bound by the terms of this EULA.
Using the silent installation feature or its command line console by-passes this EULA notification. By using these automated installation features, you understand that this EULA is still in effect.
If you do not agree to the terms of this EULA, promptly return the unused SOFTWARE PRODUCT to the place from which you obtained it for a full refund.
SOFTWARE PRODUCT LICENSE
ESP+ Monitoring is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. ESP+ Monitoring is licensed, not sold.
1. GRANT OF LICENSE
This EULA grants you the following rights:
Systems Software - You may install and use one copy of ESP+ Monitoring on a single computer at a time and only by one user at a time. Storage/Network Use - You may also store or install a copy of ESP+ Monitoring on a storage device, such as a network server, used only to install or run ESP+ Monitoring on your other computers over an internal network; however, you must acquire and dedicate a license for each separate computer on which ESP+ Monitoring is installed or run from the storage device. A license for ESP+ Monitoring may not be used concurrently on different computers.
This software may only be used on computer systems where the User has the EXPLICIT AUTHORIZATION of the computer owner, and only in areas where it is legal to install security software that monitors a computer system. HORIZON DATASYS INC. may suspend or terminate use of this Software and this Agreement immediately upon receipt of any notice which alleges that the User has used the Software for any purpose that violates any local, state or federal law, or law of other nations. In such event, HORIZON DATASYS INC. may disclose the Users identity and contact information, if requested by a government or law enforcement body, or as a result of a subpoena or other legal action. HORIZON DATASYS INC. shall not be liable for damages or results thereof and User agrees not to bring any action or claim against HORIZON DATASYS INC. for such disclosure.
License Pack - If you have acquired this EULA in a ESP+ Monitoring Multi-User License Pack, you may make the number of additional copies of the computer software portion of ESP+ Monitoring authorized on the printed copy of this EULA, and you may use each copy in the manner specified above.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
Limitations on Reverse Engineering, Decompilation, and Disassembly - You may not reverse engineer, decompile, or disassemble ESP+ Monitoring, except and only to the extent that such activity is expressly permitted by applicable law not withstanding this limitation.
Separation of Components - ESP+ Monitoring is licensed as a single product. Its component parts may not be separated for use on more than one computer.
Rental - You may not rent or lease ESP+ Monitoring, unless specifically licensed by Horizon DataSys Inc. for such purpose under a separate written agreement.
Software Transfer - You may permanently transfer all of your rights under this EULA, provided you retain no copies, you transfer all of ESP+ Monitoring (including all component parts, the media and printed materials, any upgrades and this EULA), and the recipient agrees to the terms of this EULA. If ESP+ Monitoring is an upgrade, any transfer must include all prior versions of ESP+ Monitoring.
Termination - Without prejudice to any other rights, Horizon DataSys Inc. may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of ESP+ Monitoring and all of its component parts.
If ESP+ Monitoring is an upgrade from another product, whether from Horizon DataSys Inc. or its development or distribution partner(s), you may use or transfer ESP+ Monitoring only in conjunction with that upgraded product, unless you destroy the upgraded product. If ESP+ Monitoring is an upgrade of Horizon DataSys Inc. product, you now may use that upgraded product only in accordance with this EULA. If ESP+ Monitoring is an upgrade of a component of a package of software programs that you licensed as a single product, ESP+ Monitoring may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.
ESP+ Monitoring is developed for Horizon DataSys by Horizon DataSys and its development partner(s). All title and copyrights in and to ESP+ Monitoring (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets," incorporated into ESP+ Monitoring), the accompanying printed materials, and any copies of ESP+ Monitoring, are owned by and distributed by Horizon DataSys Inc and its development partners. ESP+ Monitoring is protected by copyright laws and international treaty provisions. Therefore, you must treat ESP+ Monitoring like any other copyrighted material except that you may either (a) make one copy of ESP+ Monitoring solely for backup or archival purposes, or (b) install ESP+ Monitoring on a single computer provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying ESP+ Monitoring.
5. DUAL-MEDIA SOFTWARE
You may receive ESP+ Monitoring in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for your single computer. You may not use or install the other medium on another computer. You may not loan, rent, lease, or otherwise transfer the other medium to another user, except as part of the permanent transfer (as provided above) of ESP+ Monitoring.
6. U.S. GOVERNMENT RESTRICTED RIGHTS
ESP+ Monitoring and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable.
If you acquired this product in the United States, this EULA is governed by the laws of the State of Washington. If you acquired this product in Canada, this EULA is governed by the laws of the Province of British Columbia. If this product was acquired outside North America, then local law may apply.
Should you have any questions concerning this EULA, or if you desire to contact Horizon DataSys for any reason, please contact Horizon DataSys Inc. subsidiary or agent serving your country, or write:
Horizon DataSys Inc.,
122 – 1085 East Kent Ave N.
Vancouver, BC V5X 4V9
8. LIMITED WARRANTY
Horizon DataSys Inc. warrants that (a) ESP+ Monitoring will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on ESP+ Monitoring, if any, are limited to ninety (90) days.
9. CUSTOMER REMEDIES
Horizon DataSys Inc. and its developer and / or suppliers' entire liability and your exclusive remedy shall be, at Horizon DataSys Inc.'s option, either (a) return of the price paid, or (b) repair or replacement of ESP+ Monitoring that does not meet Horizon DataSys Inc.'s Limited Warranty and which is returned to Horizon DataSys Inc. with a copy of your receipt. This Limited Warranty is void if failure of ESP+ Monitoring has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States, neither these remedies nor any product support services offered by Horizon DataSys Inc. are available without proof of purchase from an authorized international source.
10. NO OTHER WARRANTIES
To the maximum extent permitted by applicable law, Horizon DataSys Inc. and it's developer or suppliers disclaim all other warrantees, either express or implied, including, but not limited to, implied warrantees of merchantability and fitness for a particular purpose, with regard to ESP+ Monitoring, and any accompanying hardware. This limited warranty gives you specific legal rights. You may have others, which vary from state/jurisdiction to state/jurisdiction.
11. NO LIABILITY FOR CONSEQUENTIAL DAMAGES
To the maximum extent permitted by applicable law, in no event shall Horizon DataSys Inc. or it's developers 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 ESP+ Monitoring, even if Horizon DataSys Inc. has been advised of the possibility of such damages.
Because some states and jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
Distribution License Agreement
This software may be distributed in it's free 14-day trialware version only by an agent, customer or distributor (e.g. shareware software distribution website) of Horizon DataSys Inc. with Internet or Intranet based online services, electronic bulletin boards or other electronic distribution media provided:
1. The Software is distributed in it's entirety, unmodified and at no cost to the customer.
2. Agents, End Users or distributors of Horizon DataSys Inc.'s Software are expressly forbidden to conduct or complete all or parts of the following tasks without the express written consent of Horizon DataSys Inc..
3. Distributed the Software on CD-ROM, disk, or other physical media with or without a fee.
4. Alter this software in any way, including but not limited to changing, modifying or removing any messages or windows.
5. Decompile, reverse engineer, disassemble or otherwise reduce this software to a human perceivable form.
6. Modify, rent or resell for profit this software, or create derivative works based upon this software.
7. Publicize or distribute any registration code algorithms, information, or registration codes used by this software.
Horizon DataSys Inc. expressly does not grant any distribution rights with this trialware free-version distribution license agreement to end users, customers, agents, distributors or other company representatives for paid or site licensed versions of Horizon DataSys Inc. Software.
Horizon DataSys Inc.,
122 – 1085 East Kent Ave N.
Vancouver, BC V5X 4V9