End User License Agreement For NetWin Software:
Internet Watch Dog
IMPORTANT - Read this License Agreement Carefully:
This License Agreement (LA) is a legal agreement
between you (either an individual or a single entity) and NetWin
Limited for the NetWin Software Product identified above, which
includes computer software, and may include associated media,
authorization keys and online or other documentation
("Software Product" or "Software"). By
installing, copying, or otherwise using the Software Product, you
agree to be bound by the terms of this LA. If you do not agree to
the terms of this LA, you may not install, copy or otherwise use
the above software.
Software Product License
The Software Product is protected by copyright laws
and international copyright treaties, as well as other
intellectual property laws and treaties. The Software Product is
licensed, not sold.
1 Grant of License. This License Agreement grants you
the following rights:
1.1 Systems Software. You may
install and use one copy of the Software Product on a single
computer, which may be connected at any point in time to an
unlimited number of computers operating on one or more networks.
1.2 License FEES. You may use
the software for a single period not exceeding 2 calendar weeks
following the week of installation for the purpose of evaluating
the software (the evaluation period) at no charge. To use the
Software beyond the evaluation period you MUST register your copy
and pay the applicable fee(s).
2. Description of other Rights and Limitations
2.1 Limitations on Reverse Engineering,
Decompilation, and Disassembly. You may not
reverse engineer, decompile, or disassemble the Software Product,
except and only to the extent that such activity is expressly
permitted by applicable law notwithstanding this limitation.
2.2 Rental. You may not lease
or rent the Software Product.
2.3 Proprietary notices. You
may not remove any proprietary notices or labels on the Software
Product.
2.4 Software Transfer. You may
permanently transfer all of your rights under this LA, provided
you advise NetWin LTD, you retain no copies, you transfer all of
the Software Product (including all component parts, the media
and printed materials and any upgrades), AND the recipient agrees
to the terms of this LA. If the Software Product is an upgrade,
any transfer must include all prior versions of the Software
Product.
2.5 Termination. You may
terminate this Software Product License at any time. In addition,
without prejudice to any other rights, this Agreement and the
license granted hereunder will terminate automatically if you
fail to comply with the terms and conditions described herein.
Upon termination, you must destroy all copies of the Software and
Documentation. Your obligations to pay accrued charges and fees
shall survive any termination of this Agreement.
2.6 Authorization Keys.
Authorization keys may be installed and enabled for use in only
one license control utility. You may not modify or make
inoperable authorization keys or license control utilities.
3. Copyright
All title and copyrights in and to the Software
Product, and accompanying printed materials are owned by NetWin
LTD. The Software Product is protected by copyright laws and
International treaty provisions. Therefore you must treat the
software product like any other copyrighted material except that
you may either (a) make one copy of the SOFTWARE PRODUCT solely
for backup or archival purposes, or (b) install the software
product on a single computer provided you keep the original
solely for backup or archival purposes. The software Internet
Watch Dog is Copyright © 1996 NetWin LTD, New Zealand, All
rights reserved. The software remains the sole and exclusive
property of NetWin at all times.
4. Updates and Technical Support:
Upon registration and payment of appropriate fee(s)
NetWin LTD for the specified period from the date of registration
of the Licensed Software will make available to you Technical
Support in the manner and under the guidelines set forth in the
Licensed Software User Documentation, which may be modified from
time to time by NetWin at its discretion without notice. NetWin
may, from time to time, revise or update the licensed software.
In so doing, NetWin incurs no obligation to furnish such revision
or updates to you. Updates and further support terms are
available to you on the same basis as NetWin makes them available
to its other licensees at then current prices.
5. Disclaimer of Warranty
The Software is provided on an "AS IS"
basis, without warranty of any kind, including without limitation
the warranties of merchantability, fitness for a particular
purpose and non-infringement. The entire risk as to the quality
and performance of the Software is borne by you. Should the
Software prove defective, you and not NetWin or its suppliers
assume the entire cost of any service and repair. In addition,
the security mechanisms implemented by NetWin software have
inherent limitations, and you must determine that the Software
sufficiently meets your requirements. This disclaimer of warranty
constitutes an essential part of the agreement.
6. Limitation of Liability
To the maximum extent permitted by applicable law, any
conditions or warranties imposed or implied by law are hereby
excluded. Consumers may however have the benefit of certain
rights or remedies in respect of which liability may not be
excluded. Insofar as such liability may not be excluded then to
the maximum extent permitted by law, such liability is limited,
at Netwin’s exclusive option, to either (a) the price paid
for the SOFTWARE or (b)replacement of the SOFTWARE.
7. Exclusion of Liability/Damages
The following is without prejudice to any rights you
may have at law which cannot legally be excluded or restricted.
You acknowledge that no promise, representation, warranty or
undertaking has been made or given by NetWin (or related company
) to any person or company on its behalf in relation to the
profitability of or any other consequences or benefits to be
obtained from the delivery or use of the SOFTWARE and any
accompanying NetWin Supplied software, manuals or other
materials. You have relied upon your own skill and judgment in
deciding to acquire the SOFTWARE and any accompanying manuals and
other materials for use by you. Except as and to the extent
provided in this agreement, neither NetWin nor any related
company will in any circumstances be liable for any other damages
whatsoever (including, without limitation, damages for loss of
business, business interruption, loss of business information or
other indirect or consequential loss) arising out of the use, or
inability to use, or supply or non-supply, of the software and
any accompanying written materials. Netwin’s total liability
under any provision of this agreement is in any case limited to
the amount actually paid by you for the software.
------------------------------------------------------------------------
NetWin will make reasonable efforts to solve any
reported problems but we must limit our legal liability for
obvious reasons to an extent which is proportionate to the
commercial value of this transaction.
|
