EULA
THREATFIRE END USER LICENCE AGREEMENT ("EULA")
NOTIFICATION:PERMISSION TO USE THIS SOFTWARE ("SOFTWARE") IS CONDITIONAL UPON YOU AS THE CUSTOMER AND LICENSEE ("YOU"), AGREEING TO THE TERMS SET OUT BELOW ("THIS AGREEMENT"
Licence
1.1 Subject to the terms and conditions of this Agreement, LionSea Software grants to you a limited, non-exclusive, non-transferable license, without the right to sublicense, to use or evaluate the Software in accordance with this Agreement and any other written agreement with LionSea Software . You have purchased a license to use the Software. LionSea Software does not transfer title of the Software to you. This Agreement is a legally binding agreement between LionSea Software and the user(s) of the Software. If you do not agree to the terms and conditions of this Agreement, you are required to immediately cease installing or using the Software and remove the Software and any documentation from your computer.
SmartPCFixer™ has agreed to license use of the Software to you pursuant to this Agreement and the terms and conditions set out below.
SmartPCFixer™ grants to you a non-exclusive, non-transferable, revocable licence to:
install and execute the Software;
make one copy of the Software for backup purposes only; and
use the Software strictly in accordance with the provisions of this Agreement.
Except where clause 2.2 applies, if you wish to install and execute the Software on more than one computer at the same time, you may do so upon receipt of written consent from SmartPCFixer™ and upon payment of an additional licence fee as stipulated by SmartPCFixer™.
Licence Fee
Where a licence fee is payable by you in respect of the Software, you are not entitled to use the Software until the licence fee has been paid. In the case of payment by credit card, payment will not be deemed paid until the credit card payment has been authorised by the billing provider. A separate licence fee is payable in the circumstances described in clause 1.4.
Licensee's Obligations
As the Licensee you hereby undertake the following obligations:
to not print, copy, reproduce, translate, adapt, vary, alter, change, reverse engineer, decompile or modify the Software by any means or in any other form, other than to make one temporary copy of the Software for back-up and security purposes, without the express consent of SmartPCFixer™, except as expressly authorised by this Agreement and subject to your rights under applicable law;
to supervise and control the use of the Software in accordance with the terms of this Agreement;
to ensure your employees, sub-contractors and other agents who have authorised access to the Software are made aware of the terms of this Agreement;
to not provide or otherwise make available the Software in any form to any person other than those referred to in paragraph (c) without the written consent of SmartPCFixer™;
to not give, lease, assign, license, sub-license, transfer, distribute, disclose, disseminate or publish the software in any form to any other person or attempt to do any of these acts;
to not alter, change, remove or obscure any notices or other indications (including copyright notices) as to ownership of the Software;
not to access or use the Software on more than one personal stand-alone computer, or otherwise allow the Software to be accessed or used by more than one user at any one time except as expressly authorised by this Agreement;
to not use the Software in automatic, semi-automatic or manual tools designed to create virus signatures, virus detection routines, any other data or code for detecting malicious code or data; and
to not engage in any acts which infringe SmartPCFixer™' intellectual property rights in the Software.
You acknowledge that the Licence granted by Clause 1 does not make you the owner of the Software nor does it cause any transfer or assignment of any copyright or any other intellectual or industrial property rights subsisting in the Software to you.
You acknowledge that the Software will seek to remove codes such as viruses, spyware, adware and malware. In some circumstances removal of that code may result in you breaching a licence to use the host software which installed that code or certain host programs to cease operating.
Warranty
You hereby acknowledge that the Software may not be uninterrupted and cannot be guaranteed error free and further acknowledge that the existence of any such errors shall not constitute a breach of this Agreement by SmartPCFixer™.
The particular operating systems upon which the Software has been designed to execute will be published by SmartPCFixer™ from time to time ("Compatible OS").
In the event that any terms, conditions, representations or warranties are implied by statute, common law or equity ("Prescribed Terms") into this Agreement which cannot be lawfully excluded, the Prescribed Terms will apply to this Agreement, save that the liability of SmartPCFixer™ for breach of any Prescribed Terms will be limited, to the extent permitted by law, at the option of SmartPCFixer™, to any one or more of the following:
the replacement of the Software to which the breach relates or the supply of equivalent Software;
the repair of the Software;
the payment of the cost of replacing the Software or of acquiring equivalent Software; or
the payment of the cost of having the Software repaired.
If the liability of SmartPCFixer™ for breach of any Prescribed Terms is capable of exclusion, they are hereby excluded to the fullest extent permitted by law.
Except as provided by the Prescribed Terms (if any), which are not capable of exclusion or limitation, or as expressly set out in these terms:
SmartPCFixer™ makes no warranties in relation to the Software, including warranties as to the performance or fitness for purpose of the Software (other than that SmartPCFixer™ is entitled to grant to you the rights set out in this EULA);
you will not under any circumstances have any cause of action against, or right to claim or recover from, SmartPCFixer™ for or in respect of any loss, damage or injury (including without limitation any loss of profit, indirect or consequential loss, damage or injury) arising from the supply or use of the Software or any breach of these terms; and
subject to paragraph (b) above, the maximum liability of SmartPCFixer™ to you in respect of any breach of this Agreement or otherwise in respect of your use of the Software will be the amount you have paid SmartPCFixer™ for the Software and if you have not paid SmartPCFixer™ any amount for the Software, will be the amount of USD $1 (one dollar).
You acknowledge that you have exercised your independent judgment in acquiring the Software and have not relied upon any representations made by SmartPCFixer™ which have not been stated expressly in this Agreement or upon any descriptions or illustrations or specifications contained in any document including catalogues or publicity material produced by SmartPCFixer™.
Copyright and Trade Marks
You acknowledge that the Software and all related products (including but not limited to computer manuals and computer literature) ("Products") are the subject of copyright.
You shall not during or at any time after the expiry or termination of this Agreement permit any act which infringes the trade marks used in connection with the Software.
You shall indemnify SmartPCFixer™ fully against all liabilities, costs and expenses which SmartPCFixer™ may incur to a third party as a result of your breach of this Clause 5.
Collection of Information
The Software is designed to block malicious behaviours on your computer.
We will collect information about any browser plug-ins installed on your computer the first time that the Software is run if you have the Community Protection option in the Software set to "on".
Sample malware files collected by SmartPCFixer™ may be shared with other security providers for the sole purpose of creating signatures to protect against further spread of the specific threats.
All information and file samples are held completely confidential and are not tracked back to individual users.
Each installation of the Software is also associated with a unique anonymous identifier that does not include any personal data and is used solely to help track the total number of active users.
Term of Licence
This Agreement commences upon payment of the licence fee or upon your first installation and use of the Software (whichever is sooner) and may be terminated in the following circumstances:
if you are in breach of any term of this Agreement;
if you, being a corporation, become the subject of insolvency proceedings or have a liquidator, receiver or examiner appointed to you or become unable to pay your debts;
if you, being a person rather than a company, become bankrupt;
if you, being a firm or partnership, are dissolved; or
if you destroy the Software and/or the Products for any reason.
Upon termination, you or a representative nominated by you shall destroy any remaining copies of the Software and Products or otherwise return or dispose of such material in the manner directed by SmartPCFixer™.
Termination pursuant to this clause shall not affect any rights or remedies which SmartPCFixer™ may otherwise have under this Agreement or at law.
Export Restrictions
SmartPCFixer™, its employees and its agents are subject to U.S. export control laws that prohibit or restrict (i) transactions with certain parties, and (ii) the type and level of technologies and services that may be exported. You agree to comply fully with all laws and regulations of the United States and other countries ("Export Laws") to assure that neither the Software, nor any direct products thereof are (1) exported, directly or indirectly, in violation of Export Laws, or (2) are used for any purpose prohibited by Export Laws, including, without limitation, nuclear, chemical, or biological weapons proliferation.
None of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, North Korea, Iran, Sudan, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's List of Specially Designated Nationals or the U.S. Commerce Department's Denied Persons List, Unverified List, Entity List, Nonproliferation Sanctions or General Orders. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you acknowledge you are responsible to obtain any necessary U.S. government authorization to ensure compliance with U.S. law.
Assignment
The benefit of this Agreement shall not be dealt with in any way by you (whether by assignment, sub-licensing or otherwise) without SmartPCFixer™' written consent and this Agreement shall be binding on your successors and assigns.
Waiver
Failure or neglect by either party to enforce at any time any of the provisions of this Agreement shall not be construed or deemed to be a waiver of that party's rights under this Agreement.
Amending these terms
SmartPCFixer™ may amend any of the terms of this Agreement by (a) providing written notice to you of such amendments; and/or (b) displaying such amendments or an amended copy of this Agreement to you during your installation and/or execution of the Software.