End user agreement for NETGATE Internet Security
NETGATE Internet Security License Agreement
Please read the terms and conditions of this license agreement ("License")
before installing Spy Emergency ("Software"). By installing and
using the Software you accept and agree to the terms of this License. This
License constitutes the entire agreement concerning the Software between
you and NETGATE Technologies s.r.o., Prievidza, Slovak Republic. If you do
not agree with these terms and conditions, immediately uninstall the Software.
The term "Software" includes, and these terms and conditions also apply to,
any updates, modifications and upgrades to the Software that you may receive.
This License permits you to use one copy of the Software for a single computer.
The enclosed documentation ("Documentation") may not be copied.
You agree that you will not sublicense, assign, transfer, distribute, pledge,
lease, rent or share your rights under this License except with prior written
permission from NETGATE Technologies s.r.o. You agree that you will
not modify, adapt or translate, or disassemble, decompile, reverse engineer
or otherwise attempt to discover the source code of the Software.
You acknowledge and agree that the Software and Documentation
("Licensed Products") are proprietary products of NETGATE Technologies s.r.o.
protected under copyright law of Slovak Republic, international copyright
law and treaties and disclosed to you by NETGATE Technologies s.r.o. in confidence.
You shall take all reasonable steps to safeguard the Licensed
Products. NETGATE Technologies s.r.o. owns and retains all copyright, trademarks,
trade secret and other proprietary rights in and to the Licensed Products.
This License conveys to you only a non-exclusive and limited right of use,
revocable in accordance with the terms and conditions of this License.
Unauthorized reproduction or distribution of this program, or any portion
of it, may result in severe civil and criminal penalties, and will be prosecuted
to the maximum extent possible under law.
III. Upgrades and support
All registered users may receive upgrades of the Software spyware
database. All registered users have right on technical support by
the technical support team.
The Software is licensed, not sold, to You for Your use only under the
terms of this Agreement, and NETGATE Technologies s.r.o. reserves all
rights not expressly granted to You. You own the media, if any, on which
the Software is recorded, but NETGATE Technologies s.r.o. retains
ownership of all copies of the Software itself.
If you are using the Software on a trial basis, and are authorized to do so,
then You shall have a license under this Agreement to use the Software for
the number of days indicated in the materials accompany the Software
("Trial Period") from the date You install it, solely for the purpose
of evaluating the Software to determine whether to purchase an ongoing
license to the Software. At the end of the Trial Period, the Software will
stop working. During the Trial Period, the Software is provided to You
"as is" and Your use is entirely at Your own risk.
VI. Warranty Disclaimer
The Software is provided to You "As Is" and NETGATE Technologies s.r.o. and
its suppliers and licensors expressly disclaim any and all warranties and
representations of any kind with regard to any subject matter of this Agreement,
including, without limitation, any warranty of non-infringement, title, fitness for
a particular purpose, functionality or merchantiliability, whether express,
implied or statutory. No oral or written information or advice given
by NETGATE Technologies s.r.o., its employees, distributors, dealers, or agents
shall increase the scope of the above warranties or create any new warranties.
VII. Limited Warranty
NETGATE Technologies s.r.o. warrants to you that the Software will perform
substantially in accordance with the Documentation for 90 day period following
your receipt of the Software. To make a warranty claim, you must
return the Software to the location where you obtained it along
with a copy of your sales receipt within 30 day period. If the Software
does not perform substantially in accordance with the Documentation,
the entire and exclusive liability of NETGATE Technologies s.r.o. and its
distributors, and your exclusive remedy shall be limited to either,
NETGATE Technologies s.r.o.'s option, the replacement of the Software
or the refund of the license fee you paid for the Software.
VIII. Limitations of Liability
Regardless of whether any remedy set forth herein fails of its essential
purpose or otherwise, in no event will NETGATE Technologies s.r.o. or its suppliers
be liable to You or to any third party for any lost profits, lost data, interruption
of business, or other special, indirect, incidental or consequential damages
of any kind arising out of the use or inability to use the Software or any
data supplied therewith, even if NETGATE Technologies s.r.o. has been advised
of the possibility of such loss or damages and whether or not such loss or damages
are foreseeable. In no event shall the liability of NETGATE Technologies s.r.o.
exceed the total amount received by NETGATE Technologies s.r.o. from You under
this Agreement. You acknowledge that Your use of the Spy Emergency Software may
remove or disable other software from Your computer, including software that may or
may not be "spyware," and You agree that NETGATE Technologies s.r.o. shall not be
responsible for such removal or disabling or the results of such removal or disabling.
You are solely responsible for selecting which programs the Spy Emergency
Software removes from your computer. While NETGATE Technologies s.r.o. uses
reasonable efforts to properly identify those products detected by the Spy Emergency
Software, and regularly updates its list of such products, NETGATE Technologies s.r.o.
cannot guarantee that its list is complete or completely accurate. Because new and/or
modified "spyware" and other software are regularly introduced, You should
make sure You receive Updates to the Spy Emergency software to detect
those new products NETGATE Technologies s.r.o. adds when we provide Updates to the
Spy Emergency Software.
The Agreement becomes effective when You agree to the terms and conditions
of this Agreement by opening, installing, using, accessing or manipulating
the Software ("Effective Date"), and this Agreement will terminate
immediately upon notice to You if You materially breach any term or
condition of this Agreement. You agree upon termination to promptly
destroy the Software and all copies thereof.
X. High Risk Activity
You acknowledge and agree that the Software is not intended for use with
any high risk or strict liability activity, including, without limitation,
air or space travel, technical building or structural design, power plant
design or operation, life support or emergency medical operations or uses,
and that NETGATE Technologies s.r.o. makes no warranty and shall have no
liability arising from any use of the Software in any high risk or strict
All questions regarding this license agreement please forward
to NETGATE Technologies s.r.o., Tajovskeho 8, 97101 Prievidza,
Slovak Republic or by e-mail to email@example.com.