|
SECUREIT SOFTWARE LICENSE
AGREEMENT
READ THE TERMS AND CONDITIONS OF
THIS LICENSE AGREEMENT ("AGREEMENT")
CAREFULLY BEFORE USING THIS SECUREIT
SOFTWARE ("PRODUCT(S)"). BY CLICKING
THE "AGREED" BUTTON BELOW OR
ACCESSING, USING OR INSTALLING ANY
PART OF THE PRODUCT, YOU: (1)
EXPRESSLY AGREE TO AND CONSENT TO BE
BOUND BY ALL OF THE TERMS OF THIS
AGREEMENT; (2) ACKNOWLEDGE THAT YOU
HAVE CAREFULLY READ AND UNDERSTAND
THE TERMS OF THIS AGREEMENT; AND (3)
ACKNOWLEDGE THAT YOU ARE AN
AUTHORIZED REPRESENTATIVE OF YOUR
ORGANIZATION AND/OR HOUSEHOLD WITH
THE AUTHORITY TO EXECUTE THIS
AGREEMENT ON ITS BEHALF.
IF YOU DO NOT AGREE TO ALL OF THE
TERMS OF THIS AGREEMENT, YOU MUST
IMMEDIATELY EXIT THE SETUP PROCESS
AND YOU MAY NOT ACCESS, USE, OR
INSTALL ANY PART OF THE PRODUCT.
THIS LICENSE AGREEMENT IS SUBJECT TO
CHANGE WITHOUT NOTICE. THIS
AGREEMENT CAN BE VIEWED ONLINE AT:
http://www.secureitdirect.com/resourcecenter/softwarelicense/secureit-eula.php.
This Agreement is made by and
between SecurityCoverage, Inc., 230
2nd St. SE, Suite 312, Cedar Rapids,
IA 52401, ("SecurityCoverage") and
the end user, either an individual
or an entity ("Customer"). This
Agreement sets forth the terms and
conditions pursuant to which
SecurityCoverage shall provide the
Product to Customer.
1. Open Source Policy. Some
programs ("Open Source Software")
used herewith is distributed
pursuant to the GNU General Public
License, version 2. These programs
are free software; you can
redistribute them and/or modify them
under the terms of the GNU General
Public License, version 2 as
published by the Free Software
Foundation. These programs are
distributed in the hope that they
will be useful, but WITHOUT ANY
WARRANTY; without even the implied
warranty of MERCHANTABILITY or
FITNESS FOR A PARTICULAR PURPOSE.
See the GNU General Public License,
version 2, for more details. The GNU
General Public License, version 2,
can be read in its entirety at
http://www.secureitdirect.com/resourcecenter/softwarelicense/gnugplv2.php
or it can be found in the "C:Program
FilesSecureITGNU_GPLGNU_GPLv2.txt"
file after installation, or can be
viewed at
http://www.gnu.org/license/old-licenses/gpl-2.0.html.
The Open Source Software is excluded
from this Agreement and the term
"Product" shall not include Open
Source Software. SECURITYCOVERAGE
MAKES NO WARRANTIES OF ANY KIND
EXPRESSED OR IMPLIED WITH RESPECT TO
THE OPEN SOURCE SOFTWARE.
a. Customer acknowledges that the
following Open Source Software is
subject to the GNU General Public
License, version 2: vnchooks.dll,
vncviewerdll.dll and winvncdll.dll.
Customer agrees to abide by the
terms of the GNU General Public
License, version 2 for these
separate Open Source Software. You
can download the source code of the
mentioned Open Source Software at
http://www.secureitdirect.com/resourcecenter/softwarelicense/download/vnc.zip
b. Customer acknowledges that the
following Open Source Software is
copyrighted by Sourcefire, Inc. and
subject to the GNU General Public
License, version 2: Daily.cvd,
Main.cvd, Libclamav.dll,
Clamscan.exe, Freshclam.exe,
Clamscandrt.dll. Customer agrees to
abide by the terms of the GNU
General Public License, version 2,
for these separate Open Source
Software. You can download the
source code of the mentioned Open
Source Software at
http://www.secureitdirect.com/resourcecenter/softwarelicense/download/avfiles.zip
c. Customer acknowledges that the
following Open Source Software is
subject to the GNU General Public
License, version 2: pthreadVC2.dll,
sqlite3.dll. Customer agrees to
abide by the terms of the GNU
General Public License, version 2,
for these separate Open Source
Software. You can download the
source code of the mentioned Open
Source Software at
http://www.secureitdirect.com/resourcecenter/softwarelicense/download/avfiles.zip
2. Product License Grant.
SecurityCoverage hereby grants to
Customer a limited, nonexclusive,
royalty-free license to use the
executable code version of the
Product as authorized in this
Agreement. This Agreement does not
sell, transfer, or convey rights of
ownership in the Product.
3. Scope of Use.
a. Products. The term
"Product(s)" as used herein is meant
to include one or more of the four
SECUREIT products available. The
scope of allowable use under the
license granted in Section 2 of this
Agreement may vary depending on
which of the four Products Customer
is using.
1. SECUREIT FREE - If Customer is
using the SECUREIT FREE product,
Customer is granted a multi-user
license which provides for unlimited
computers to be licensed.
2. SECUREIT - If Customer is
using the SECUREIT product, Customer
is granted a "household" or
multi-user license which provides
that up to three computers may be
licensed under one license key.
3. SECUREIT Live - If Customer is
using the SECUREIT Live product,
Customer is granted a single user
license which provides that each
separate computer must have its own
unique license key.
4. SECUREIT Plus - If Customer is
using the SECUREIT Plus product,
Customer is granted a single user
license which provides that each
separate computer must have its own
unique license key.
b. Customer may distribute the
Product to third-parties only where
such third-parties are aware of, and
agree to be bound by, the terms and
conditions contained in this
Agreement. Such distribution shall
include all files associated with
the Product. All trademarks, service
marks, patents, copyright and other
proprietary notices must be
reproduced when making copies in
whole or in part.
c. Customer may only use the
Product in accordance with its
intended use as documented by
SecurityCoverage and delivered as
part of the Product.
d. The Product is licensed to the
Customer for Customer’s personal use
only. The Product may not be used to
support any third party product or
service without the express written
consent of an authorized
representative of SecurityCoverage.
Such consent may require license
costs and other associated fees.
e. Customer may not modify the
Product, any accompanying
documentation, or any file utilized
in the delivery or distribution of
the Product or any accompanying
documentation, without the express
written consent of an authorized
representative of SecurityCoverage.
f. Customer may not reverse
engineer, decompile, or take any
other steps consistent with an
attempt to reveal any confidential,
trade secret, or other non-public
information associated with the
Product. Further, Customer may not
assist any other party attempting to
reverse engineer, decompile, or take
any other steps consistent with an
attempt to reveal any confidential,
trade secret, or other non-public
information associated with the
Product. Should Customer become
aware of any activity in violation
of this term, whether or not under
Customer’s control or authorization,
Customer shall inform
SecurityCoverage of such activity
and assist SecurityCoverage in
terminating such activity and
protecting SecurityCoverage’s
rights.
g. Customer may not sell, rent,
lease, or otherwise charge for the
distribution, installation, use,
copying, or storage of the Product,
without the express written consent
of an authorized representative of
SecurityCoverage. Such consent may
require license costs and other
associated fees.
h. Customer may not sell, rent,
lease, distribute, or use the
Product, nor cause the Product to be
sold, rented, leased, distributed,
or used, where such sale, rental,
lease, distribution, or use is
prohibited by any statute or
governmental agency of the United
States or other international,
national, or local entity having
jurisdiction at the point of sale,
rental, lease, distribution, or use,
nor may Customer sell, rent, lease,
distribute, or use the Product where
Customer is aware that such sale,
rental, lease, distribution, or use
is likely to result directly or
indirectly in a sale, rental, lease,
distribution, or use prohibited by
any statute or governmental agency
of the United States or other
international, national, or local
entity having jurisdiction at the
point of initial or subsequent sale,
rental, lease, distribution, or use.
4. Term and Termination.
The terms and conditions of this
Agreement shall remain effective
until this Agreement is terminated.
Termination may be affected as
follows:
a. Termination by Customer.
Customer may terminate this
Agreement at
any time by uninstalling and
choosing to cancel their
subscription and destroying all
copies of the Product, as indicated
below.
b. Termination by
SecurityCoverage. SecurityCoverage
may terminate this Agreement at
anytime and for any reason without
notice to Customer. Upon termination
of this Agreement, Customer shall
uninstall, return, delete, or
destroy all copies of the Product,
or any portion of the Product,
remaining in Customer’s possession
or under Customer’s control,
including all distribution media
containing distributable copies of
all or any portion of the Product.
5. Maintenance and Support.
a. Products - Maintenance and
support may vary depending on which
of the four Products Customer is
using.
1. SECUREIT FREE & SECUREIT
1. Community based forum is
available as directed at
www.securitycoverage.com/guides/secureit
2. SecurityCoverage does not
provide customer support for this
product.
3. Maintenance is provided
through a standard automated update
process.
4. Timing of updates is at the
sole discretion of SecurityCoverage
and may vary from version to
version.
2. SECUREIT Live
1. Customer Support is provide
via, phone, email or chat as
directed on the
www.secureitdirect.com website.
2. Maintenance is provided
through a standard automated update
process.
3. Timing of updates is at the
sole discretion of SecurityCoverage
and may vary from version to
version.
3. SECUREIT Plus
1. Customer Support is provide
via, phone, email or chat as
directed on the
www.secureitdirect.com website.
2. Maintenance is provided
through a standard automated update
process.
3. Timing of updates is at the
sole discretion of SecurityCoverage
and may vary from version to
version.
6. Ownership and Confidential
Information. SecurityCoverage or its
licensors own the Product under
copyright laws, trade secret laws,
and all other laws that may apply.
All product names, designs, and
logos associated with the Product
are considered valuable intellectual
property of their respective owners
and should be treated as such. No
right, license, or interest to such
intellectual property is granted
hereunder, and Customer agrees that
no such right, license, or interest
shall be asserted by Customer with
respect to such intellectual
property. The source code of the
Product and all information
regarding the design, structure and
internal operation of the Product
are valuable trade secrets of
SecurityCoverage or third parties
with which SecurityCoverage has
licensing arrangements
("Confidential Information").
Confidential Information shall not
include information which: (1) was
publicly known or otherwise known to
Customer prior to the time of
disclosure by SecurityCoverage; (2)
subsequently became known to
Customer through no act or omission
by Customer; or (3) otherwise became
known to Customer other than through
disclosure by SecurityCoverage
without violation of any party's
obligations to SecurityCoverage.
Customer shall not sell, transfer,
publish, disclose, display or
otherwise permit access to any
Confidential Information by any
third party, nor use any of the
Confidential Information, except
strictly as part of the Product in
the form originally distributed by
SecurityCoverage.
7. Disclaimer of Warranty. THE
PRODUCT AND RELATED DOCUMENTATION
ARE PROVIDED "AS IS", WITHOUT
WARRANTY OF ANY KIND.
SECURITYCOVERAGE DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF DESIGN,
MERCHANTABILITY, AND FITNESS FOR A
PARTICULAR PURPOSE.
SECURITYCOVERAGE, DOES NOT WARRANT
THAT THE FUNCTIONS CONTAINED IN THE
PRODUCT OR DOCUMENTATION WILL MEET
CUSTOMER’S REQUIREMENTS, OR THAT THE
OPERATION OF THE PRODUCT WILL BE
ERROR-FREE, COMPLETE, OR THAT
DEFECTS IN THE PRODUCT OR
DOCUMENTATION WILL BE CORRECTED.
8. Limitation of Liability. UNDER
NO CIRCUMSTANCES SHALL
SECURITYCOVERAGE, OR ANY OTHER
PERSON OR ENTITY INVOLVED IN THE
CREATION, MARKETING, RESALE,
DISTRIBUTION, PRODUCTION, OR
DELIVERY OF THE PRODUCT BE LIABLE
FOR ANY LOST REVENUE OR PROFITS OR
ANY INCIDENTAL, INDIRECT, SPECIAL,
PUNITIVE, OR CONSEQUENTIAL DAMAGES
THAT RESULT FROM THE USE OR
INABILITY TO USE THE PRODUCT OR
RELATED PRODUCTS OR DOCUMENTATION,
EVEN IF SECURITYCOVERAGE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. SOME STATES DO NOT ALLOW
THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT
APPLY. IN NO EVENT SHALL
SECURITYCOVERAGE’S TOTAL LIABILITY
TO CUSTOMER FOR ALL DAMAGES, LOSSES,
AND CAUSES OF ACTION, WHETHER IN
CONTRACT, TORT OR OTHERWISE, EXCEED
THE AMOUNT PAID FOR THE PRODUCT,
INCLUDING MEDIA FEES.
9. Specific Disclaimer of
Warranty for High Risk Activities.
The Product is not fault-tolerant or
guaranteed to be free of defects and
is not designed, manufactured or
intended for use on equipment or
devices running in hazardous
environments requiring fail-safe
performance, including but not
limited to the operation of nuclear
facilities, aircraft navigation,
financial or health systems,
communication systems, air traffic
control systems, direct life support
machines, or weapons systems, in
which the failure of the Product
could contribute to death, personal
injury, financial loss, or severe
physical or environmental damage
("High Risk Activities").
SECURITYCOVERAGE AND ITS SUPPLIERS
SPECIFICALLY DISCLAIM ANY EXPRESS OR
IMPLIED WARRANTY OF DESIGN,
MERCHANTABILITY, AND FITNESS FOR A
PARTICULAR PURPOSE OF THE PRODUCT
FOR HIGH RISK ACTIVITIES.
SECURITYCOVERAGE DOES NOT AUTHORIZE
USE OF THE PRODUCT FOR ANY HIGH RISK
ACTIVITY. CUSTOMER AGREES TO DEFEND
AND INDEMNIFY SECURITYCOVERAGE, AND
HOLD SECURITYCOVERAGE HARMLESS, FROM
AND AGAINST ANY AND ALL CLAIMS,
ACTIONS, LOSSES, COSTS JUDGMENTS AND
DAMAGES OF ANY KIND IN CONNECTION
WITH USE IN RELATION TO ANY HIGH
RISK ACTIVITY OF ANY COPY OF THE
PRODUCT RELATING TO THIS AGREEMENT.
10. Export Controls. You shall
comply with all export laws and
restrictions and regulations of the
Department of Commerce, the United
States Department of Treasury Office
of Foreign Assets Control ("OFAC"),
or other United States or foreign
agency or authority, and not to
export, or allow the export or
re-export of the Product in
violation of any such restrictions,
laws or regulations.
11. Miscellaneous.
a. Law and Jurisdiction. This
Agreement and any dispute relating
to the Product or to this Agreement
shall be governed by the laws of the
United States and the laws of the
State of Iowa, without regard to
choice of law rules. Customer agrees
and consents that jurisdiction and
proper venue for all claims, actions
and proceedings of any kind relating
to SecurityCoverage or the matters
in this Agreement shall be
exclusively in courts located in
Cedar Rapids, Iowa. If a court with
the necessary subject matter
jurisdiction over a given matter
cannot be found in Cedar Rapids,
then jurisdiction for that matter
shall be exclusively in a court with
the proper jurisdiction as close to
Cedar Rapids as possible, and within
Iowa, if possible.
b. Severability. If any part or
provision of this Agreement is held
to be unenforceable for any purpose,
including but not limited to public
policy grounds, then both parties
agree that the remainder of the
Agreement shall be fully enforceable
as if the unenforceable part or
provision never existed.
c. No Third Party Beneficiaries.
There are no third party
beneficiaries of any promises,
obligations or representations made
by SecurityCoverage herein.
d. Heirs and Assigns. This
Agreement shall be binding on and
shall inure to the benefit of the
heirs, executors, administrators,
successors and assigns of the
parties hereto, but nothing in this
paragraph shall be construed as a
consent by SecurityCoverage to any
assignment of this agreement except
as provided hereinabove.
|
