AdwareSpy distribution permissions and end-user license agreement

END-USER LICENSE AGREEMENT FOR ADWARESPY IMPORTANT - READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and the mentioned author of this Software for the software product identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("software product"). By installing, copying, or otherwise using 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, do not install or use the software product; you may, however, return it to your place of purchase for a full refund. 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 EULA grants you the following rights: Installation and Use. You may install and use an unlimited number of copies of the SHAREWARE VERSION of this software product. You CANNOT distribute the REGISTERED VERSION of the software product. You may only use one copy of the software product on one single computer. Reproduction and Distribution. You may reproduce and distribute an unlimited number of copies of the SHAREWARE VERSION of the software product; provided that each copy shall be a true and complete copy, including all copyright and trademark notices, and shall be accompanied by a copy of this EULA. Copies of the software product may be distributed as a standalone product but NOT included with your own product. You CANNOT distribute the REGISTERED VERSION of this software product. 2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. 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. Separation of Components. The software product is licensed as a single product. Its component parts may not be separated for use on more than one computer. Software Transfer. You may permanently transfer all of your rights under this EULA, provided the recipient agrees to the terms of this EULA. Termination. Without prejudice to any other rights, the Author of this Software 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. Distribution. The software product may not be sold or be included in a product or package which intends to receive benefits through the inclusion of the software product. The SHAREWARE VERSION of the software product may be included in any free or non-profit packages or products. You CANNOT distribute the REGISTERED VERSION of this software product. 3. COPYRIGHT. All title and copyrights in and to the software product (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the software product), the accompanying printed materials, and any copies of the software product are owned by the Author of this Software. 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 install the software product on a single computer provided you keep the original solely for backup or archival purposes. 4. U.S. GOVERNMENT RESTRICTED RIGHTS. The software product and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is (name of manufacturer goes here). MISCELLANEOUS If you acquired this product in Austria, this EULA is governed by the laws of Austria. If this product was acquired outside Austria, then local law may apply. LIMITED WARRANTY NO WARRANTIES. The Author of this Software 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 noninfringement. The entire risk arising out of use or performance of the software product remains with you. NO LIABILITY FOR DAMAGES. In no event shall the author of this Software 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 product, even if the Author of this Software 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. MORE DETAILED LICENSE TERMS 1. License Grant: Subject to payment of applicable License fees, Licensor grants to Licensee a non-exclusive, nontransferable License to use the Software in the manner described in this document. 2. Scope of License Grant: Licensee is allowed to install the Software on the number of unique machines In Use by the Licensee according to the details specified during the purchase of the AdwareSpy Software. Full terms and conditions of the use of the Software can be found at 3. Terms Applicable to all License Grants: The phrase "In Use by" applies to computers which the Licensee or any wholly-owned subsidiary of the Licensee owns, rents or leases and uses for its own internal activities (for the avoidance of doubt, In Use excludes computers which the Licensee rents or leases to third parties) . License remains with Licensee until termination of rental or lease agreement. 4. Scope of License Grant: Licensee may copy the software for archival purposes, provided any copy must contain all of the original software`s proprietary notices. Licensee may not: a) Remove any proprietary notices or labels on the software. b) Modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Software, c) Copy the Software other than as specified above, d) Rent, lease, grant a security interest in or otherwise transfer rights to the Software. 5. Disclaimer of Warranty: The Software is provided on an AS IS basis, without warranty of any kind, including, without limitation, the warranties that the Software is merchantable, fit for a particular purpose or non-infringing. The entire risk as to the quality and performance of the software is borne by you, the Licensee. Should the Software prove defective in any respect, Licensee and not Elite Concepts Inc., nor any of Distributors or Resellers, shall assume entire cost of any service and repair. In addition, the security mechanisms implemented by the Software have inherent limitations and Licensee must determine that the Software sufficiently meets Licensee`s requirements. This Disclaimer of Warranty constitutes an essential part of the License Agreement. No use of the Software is authorized hereunder except under this Disclaimer. 6. Title: Title, ownership rights and intellectual property rights in the Software shall remain with Elite Concepts Inc. The Software is protected by copyright and other intellectual property laws and by international treaties. Title and related rights in the content accessed through the Software is the property of the applicable content owner and is protected by applicable law. The License granted under this Agreement gives the Licensee no rights to such content. 7. LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT OR OTHERWISE, SHALL LICENSOR OR IT`S SUPPLIERS OR RESELLERS BE LIABLE TO LICENSEE, OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, PROFIT, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT LICENSOR RECEIVED FROM LICENSEE FOR A LICENSE OF THE SOFTWARE, EVEN IF THE LICENSOR SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM LICENSOR`S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY. 8. Export Law Assurances: Licensee agrees and certifies that neither the Software nor other technical data received from Licensor, nor the direct product thereof, will be exported outside of the United States except as authorized and permitted by the laws and regulations of the United States. If the Software has been rightfully obtained by Licensee outside of the United States, Licensee agrees that Licensee will not re-export the Software nor any other technical data received from Licensor nor the direct product thereof, except as permitted by the laws and regulations of the United States and the laws and regulations of the jurisdiction in which Licensee obtained the Software. The Software may not be exported to any of the following countries: Cuba, Iran, Iraq, Libya, North Korea or Syria. 9. High Risk Activities: The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines or weapon systems in which the failure of the Software could lead directly to death, personal injury or severe physical or environmental damage ("high risk activities"). Accordingly, Licensor and his suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities. 10. Returns & Refunds: Refunds will only be given at the discretion of the management of the Licensor.

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