End user agreement for iSurfer Shield
END-USER LICENSE AGREEMENT
IMPORTANT-READ CAREFULLY: This Giant Matrix, Inc. End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Giant Matrix ("GM") for the GM software accompanying this EULA, which includes computer software and may include associated media, printed materials, and "on-line" or electronic documentation ("SOFTWARE PRODUCT" or "SOFTWARE"). By exercising your rights to make and use copies of the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you may not use the SOFTWARE PRODUCT.
Subject to the terms and conditions of this EULA, GM hereby grants You a limited, non-exclusive, personal license to install, perform and use the SOFTWARE PRODUCT, in machine-readable form only, solely for Your own personal or internal business use on a single computer in accordance with the instructions, specifications and documentation provided with the SOFTWARE PRODUCT. You may make one (1) copy of the SOFTWARE PRODUCT only for backup and archival purposes, provided that you reproduce all copyright and other proprietary notices that are on the original copy of the SOFTWARE PRODUCT.
You are responsible for paying GM, the specified fees, and applicable taxes, for the license of the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is licensed, not sold to you, for your use only under the terms of this EULA, and GM reserves all rights not expressly granted to you. You own the media, if any, on which the SOFTWARE PRODUCT is recorded, but GM retains ownership of all copies of the SOFTWARE PRODUCT itself.
SOFTWARE PRODUCT TRIAL.
If you are using the SOFTWARE PRODUCT on a trial basis, and are authorized to do so, then you shall have a license under this EULA to use the SOFTWARE PRODUCT for the number of days indicated in the materials accompany the SOFTWARE PRODUCT (the "Trial Period") from the date You install it, solely for the purpose of evaluating the SOFTWARE PRODUCT to determine whether to purchase an ongoing license to the SOFTWARE PRODUCT. At the end of the Trial Period, the SOFTWARE PRODUCT will stop working. During the Trial Period, the SOFTWARE PRODUCT is provided to You "as is" and your use is entirely at your own risk.
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
You may not use or copy the SOFTWARE PRODUCT, or any copy thereof, in whole or in part, except as expressly provided in this EULA. You may not modify, reproduce, create derivative works of, distribute, sell, resell, lend, loan, lease, license, sublicense or transfer (except as expressly provided herein) the SOFTWARE PRODUCT or any portion thereof. You may not reverse engineer, disassemble, decompile, or translate the SOFTWARE PRODUCT, or otherwise attempt to derive the source code of the SOFTWARE PRODUCT, or authorize any third party to do any of the foregoing, except to the extent allowed under any applicable law. The SOFTWARE PRODUCT contains trade secrets, trademarks, patents, and copyrights owned by GM, and You shall maintain the SOFTWARE PRODUCT in confidence. You shall not allow any access to or use of the SOFTWARE PRODUCT by anyone other than You, or Your employees or agents, and any such use must be consistent with the terms, conditions and restrictions set forth in this EULA. You may transfer the limited license granted herein solely in connection with the transfer of the SOFTWARE PRODUCT, provided, however, that You deliver all copies of the SOFTWARE PRODUCT to the transferee, that You do not keep any copies of the SOFTWARE PRODUCT or related materials, and that the transferee is given a copy of this EULA and acknowledges and agrees to be bound by its terms. Any attempt to transfer any of the rights, duties or obligations hereunder not in accordance with the foregoing is null and void and without any force or effect.
GM 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 the SOFTWARE PRODUCT and all of its component parts.
All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, text, and "components" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by GM. The SOFTWARE PRODUCT is protected by the United States copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material.
NO WARRANTIES. GM expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT and any related documentation is provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or non-infringement. The entire risk arising out of use or performance of the SOFTWARE PRODUCT remains with you.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. In no event shall GM or its suppliers be liable for any 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 this GM product, even if GM has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
If you acquired this product in the United States, this EULA is governed by the laws of the State of New York.
If this product was acquired outside the United States, then local laws may apply.