File Own Guard distribution permissions and end-user license agreement

"File Own Guard" License Agreement

FILE OWN GUARD VERSION 2.0 END-USER LICENSE AGREEMENT

IMPORTANT-READ CAREFULLY: This "File Own Guard" End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and the Thegrideon Software for the SOFTWARE(s) identified above, which includes the User's Guide, any associated SOFTWARE components, any media, any printed materials other than the User's Guide, and any "online" or electronic documentation ("SOFTWARE"). By installing, copying, or otherwise using the SOFTWARE, 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. If the SOFTWARE was mailed to you, return the media envelope along with the rest of the package to the location where you obtained it within 30 days from purchase.
1. DEFINITIONS

"Non-commercial entity" is defined as any individual, educational institution, charity or humanitarian organization.

"Commercial entity" is defined as any corporation registered or otherwise that derives or attempts to derive substantial commercial and monetary gain and benefit from its efforts and endeavors. This includes all Government and Military entities.

"Licensed version" means a version of "File Own Guard" that has been licensed for use by a "commercial or non-commercial entity". Licensed version is not free and you are not allowed to distribute it in any ways.

"Unlicensed version" means the evaluation (trial) version of "File Own Guard".

"License" means the license you own. If you haven't bought a license (i.e. the licensed version) you are bound by the restrictions of the unlicensed version.

"License agreement" means this document. This license agreement is a legal agreement between you (individual or a legal entity) and the Thegrideon Software.

2. The SOFTWARE is licensed, not sold.

3. GRANT OF LICENSE.

1. Unlicensed version
A commercial entity or non-commercial entity may use the Software without charge for twenty one (21) days from the day that you install the Software. You must pay the license fee and register your copy to continue to use the Software after the twenty one (21) days evaluation period. To pay the license fee and register your copy, you should visit http://www.thegrideon.com [http://www.ownguard.com] or an authorized sales agent.

2. Licensed version
When you purchase a license you will be provided with a license key. You should enter the license key as prompted by the Software. The licensed Software may be used by the number of users indicated in your license key and/or on our invoice. If the Software is installed on a terminal/network server or other storage device, you must purchase a license for each user who use the Software. A license for the Software may not be shared by alternating use of the Software between different users.

For each user a license has been purchased can install/use one copy of the Software on a single computer. You may also make one copy of the Software for back-up or archival purposes. Otherwise, you may not copy the Software in whole or in part.

You may permanently transfer all of your rights under this license provided you transfer all copies of the Software and the recipient agrees to the terms of this license.

There are 4 basic types of licenses issued for "File Own Guard", these are:

a. A SINGLE user license. The user purchases a single license for the use of "File Own Guard" by a single user.

b. A MULTIPLE user license. The user purchases a single license for the use of "File Own Guard", by the purchaser, the purchaser's employees or accredited agents. The license can be used by the number of users the license was issued to.

c. A SITE license. The user purchases a single license, authorizing the use of "File Own Guard", by the purchaser, the purchaser's employees or accredited agents, on an unlimited number of computers at the same physical SITE location. This SITE location would normally be defined as a single building, but could be considered to be a number of buildings within the same, general, geographical location, such as an industrial estate or small town.

d. A CORPORATE, NATIONAL or INTERNATIONAL license. The user purchases a single license, authorizing the use of "File Own Guard", by the purchaser, the purchaser's employees or accredited agents, on an unlimited number of computers, regardless of location, but owned or under the control of the purchaser.


4. DISTRIBUTION. You are hereby licensed to make copies of the SOFTWARE as you wish; give exact copies of the original SOFTWARE to anyone; and distribute the SOFTWARE in its unmodified form via electronic means (Internet, BBS's, Shareware distribution libraries, CD-ROMs, etc.). You may charge a distribution fee for the package, but you must not represent in any way that you are selling the SOFTWARE itself. Your distribution of the SOFTWARE will not entitle you to any compensation from the Thegrideon Software. You must distribute a copy of this EULA with any copy of the SOFTWARE and anyone to whom you distribute the SOFTWARE is subject to this EULA.

5. RESTRICTIONS. You may not reverse engineer, de-compile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not rent, lease, or lend the SOFTWARE. You may permanently transfer all of your rights under this EULA, provided the recipient agrees to the terms of this EULA. You may not use the SOFTWARE to perform any unauthorized transfer of information (e.g. transfer of files in violation of a copyright) or for any illegal purpose.

6. SUPPORT SERVICES. The Thegrideon Software may provide you with support services related to the SOFTWARE. Use of Support Services is governed by the Thegrideon Software polices and programs described in the user manual, in online documentation, and/or other materials provided by the Thegrideon Software, as they may be modified from time to time. Any supplemental SOFTWARE code provided to you as part of the Support Services shall be considered part of the SOFTWARE and subject to the terms and conditions of this EULA. With respect to technical information you provide to Thegrideon Software as part of the Support Services, the Thegrideon Software may use such information for its business purposes, including for product support and development. The Thegrideon Software will not utilize such technical information in a form that personally identifies you without your permission.

7. TERMINATION. Without prejudice to any other rights, the Thegrideon 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.

8. COPYRIGHT. The SOFTWARE is protected by copyright laws and international treaty provisions. You acknowledge that no title to the intellectual property in the SOFTWARE is transferred to you. You further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of the Thegrideon Software and you will not acquire any rights to the SOFTWARE except as expressly set forth in this license. You agree that any copies of the SOFTWARE will contain the same proprietary notices which appear on and in the SOFTWARE.

9. NO WARRANTIES. The Thegrideon Software expressly disclaims any warranty for the SOFTWARE. THE SOFTWARE 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 NON INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.

10. LIMITATION OF LIABILITY. IN NO EVENT SHALL THE THEGRIDEON SOFTWARE OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF THE SOFTWARE, EVEN IF THE THEGRIDEON SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE THEGRIDEON SOFTWARE'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY WILL NOT EXCEED THE GREATER OF U.S.$1.00 OR LICENSE FEE PAID BY YOU.

11. MISCELLANEOUS. Should you have any questions concerning this EULA, or if you desire to contact the Thegrideon Software for any reason, please contact by electronic mail at: sale@thegrideon.com.

"File Own Guard" Privacy Policy

WEB SITE/FORUMS
When you browse our web site, download our software, or participate in our online forums, your ip address, the time and duration of your visit, the web browser you are using, and the pages you view are logged. This information is used to compile statistical reports about how you use our web site and ultimately used to improve your browsing experience. If you choose to register for our forums, a valid email address is required, but all other information is optional. Our forums are moderated, and we reserve the right to remove any post we deem inappropriate, and any user account being used inappropriately. The purpose of our web site and forums is to provide the best support possible to our valued customers.

SOFTWARE

LICENSED VERSION
If you choose to license "File Own Guard", some personal information is required to complete the purchase. Information such as your name/company, address, email address and billing information like your credit card number is collected. All methods of purchase are ssl encrypted and detailed information can be obtained from the web site at time of purchase. Your personal information is securely stored, and is never given out to anyone, or used by us for anything other than a purchase record.

FRAUD/PIRACY
We aim to keep your information safe. Credit card fraud, identity theft and software piracy will not be tolerated. We may release any information necessary to comply with the law, protect our software licenses, and foremost to protect our valued customers. We will also work with law enforcement and fraud/credit agencies to ensure the safety of your information.

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