SmartFixer 2007 distribution permissions and end-user license agreement

SMARTFIXER 2007 LICENSE AGREEMENT

IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE USING SMARTFIXER 2007. SMARTSOFTWARE LTD. AND/OR ITS SUBSIDIARIES ARE WILLING TO LICENSE THE SOFTWARE TO YOU AS THE INDIVIDUAL, THE COMPANY, OR THE LEGAL ENTITY THAT WILL BE UTILIZING SMARTFIXER 2007 (REFERENCED BELOW AS "YOU" OR "YOUR") ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS LICENSE AGREEMENT. THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND SMARTSOFTWARE LTD. BY CLICKING ON THE "AGREE" OR "YES" BUTTON OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR LOADING THE SOFTWARE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, CLICK ON THE "I DO NOT AGREE", "NO" BUTTON, OR OTHERWISE INDICATE REFUSAL; MAKE NO FURTHER USE OF THE SOFTWARE, AND CONTACT THE CUSTOMER SUPPORT TEAM.

1. License
The software which accompanies this license (collectively the "Software") is the property of SmartSoftware Ltd. or its licensors and is protected by copyright law. While SmartSoftware Ltd. continues to own SmartFixer 2007, You will have certain rights to use SmartFixer 2007 after Your acceptance of this license. This license governs any releases, revisions, or enhancements to SmartFixer 2007 that SmartSoftware Ltd. may furnish to You. Your rights and obligations with respect to the use of this Software are as follows:

You may:
A. use one copy of SmartFixer 2007 on one (1) single computer during subscription period;
B. make one copy of SmartFixer 2007 for archival purposes, or copy the SmartFixer 2007 onto the hard disk of Your computer and retain the original for archival purposes;
C. use SmartFixer 2007 on a network, provided that You have a licensed copy of SmartFixer 2007 for each computer that can access SmartFixer 2007 over that network; and
D. after written permission from SmartSoftware Ltd., transfer SmartFixer 2007 on a permanent basis to another person or entity, provided that You retain no copies of SmartFixer 2007 and the transferee agrees to the terms of this license;
E. be informed of any changes or updates regarding the SmartFixer 2007 by e-mail or any other contact method available.

You may not:
A. copy the printed documentation which may accompany SmartFixer 2007;
B. sublicense, rent or lease any portion of SmartFixer 2007; reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of SmartFixer 2007, or create derivative works from SmartFixer 2007;
C. use a previous version or copy of SmartFixer 2007 after You have received a disk replacement set or an upgraded version. Upon upgrading the Software, all copies of the prior version must be destroyed;
D. use a later version of the SmartFixer 2007 than is provided herewith unless You have purchased upgrade insurance or have otherwise separately acquired the right to use such later version;
E. use, if You received the software distributed on media containing multiple SmartSoftware Ltd. products, any SmartSoftware Ltd. on the media for which You have not received a permission; nor
F. use SmartFixer 2007 in any manner not authorized by this license.

2. Refunds policy
A. Refund issue will not be considered if a Supporter Tool log has not been submitted. This will let the Technical Department analyze all possible issues, find reasons and provide solutions for them.
B. Our 24/7 customer support service should be contacted for any troubleshooting. Customer support service should be informed in the event the customer`s system crashed for any reason, in order for the customer to be entitled to claim a refund. If the support team is not contacted, a refund will NOT be made. This reduces all problems to technical difficulties which will be researched and solved. SmartSoftware Ltd. is not responsible for any help the customer gets from third party technicians. Also any actions taken by the customer are made at his or her risk.
C. Some of our products may be unsuited to run with other software. We have the right to uninstall incompatible products. We will notify our customers before uninstalling such products. A customer CANNOT claim a refund if the reason is a requisition or removal of conflicting software. Coexistence of some products may lead to many unsatisfactory effects as well as to slow the customer`s system. That is why the usage of SmartFixer 2007 requires the uninstallation of products which represent a risk to the system.
D. Customers CANNOT demand a refund on Software if the problem is not related to that particular software. We declare the functionality of all Software we sell. Refunds will not be granted on the grounds of the Software not performing any function it was not originally intended to perform. The issues the customer faces can be related to the interaction of the Software with different systems or other software. SmartSoftware Ltd. is not responsible for any harmful interactions. In this case the Technical department will analyze the customer`s system data and reports possible reasons for the problem.
E. We are not liable if the customer`s system was restored or repaired and a refund will NOT be made in such a case. In a few cases, protection-related SmartFixer 2007 cannot deal with overloaded and damaged systems. In such cases, the SmartSoftware Ltd. is not responsible.
F. SmartSoftware Ltd. cannot be held responsible for actions performed by the customer when not using our Software.
G. If the customer has problems downloading SmartFixer 2007 he or she may contact the customer support service which will provide them with an alternative method within 72 hours after the complaint was filed. Declaring a refund is NOT possible without installing and a 7-days trial procedure.
H. Partial refunds for defective SmartFixer 2007 may be granted if the product has been acquired as part of a bundled purchase.
I. Refunds will not be given because of wrong or improper software settings set. Instructions on correct settings are described in the manual and can be also requested through the software`s web site or Customer Support Service.
J. Refunds will not be given for not providing software burned on CD or any other media. There is no charge for CD cost or shipping. The customer can record software downloaded from Internet to CD or any other media for non-commercial purposes.
K. Monthly subscription customers may only claim for refund for following months or within the first five days of the current month. Refunds will not be given for previous months.

3. Content Updates
Certain SmartSoftware Ltd. products utilize content that is updated from time to time (antivirus products utilize updated virus definitions; content filtering products utilize updated URL lists; firewall products utilize updated firewall rules; vulnerability assessment products utilize updated vulnerability data, etc.; collectively, these are referred to as "Content Updates"). You may obtain Content Updates for any period for which You have purchased a subscription for Content Updates for the SmartFixer 2007 (including any subscription included with Your original purchase of the SmartFixer 2007), purchased upgrade insurance for the SmartFixer 2007, entered into a maintenance agreement that includes Content Updates, or otherwise separately acquired the right to obtain Content Updates. This license does not otherwise permit You to obtain and use Content Updates.

4. Limited Warranty
SmartSoftware Ltd. warrants that the media on which SmartFixer 2007 is distributed will be free from defects for a period of sixty (60) days from the date of delivery of SmartFixer 2007 to You. Your sole remedy in the event of a breach of this warranty will be that SmartSoftware Ltd. will, at its option, replace any defective media returned to SmartSoftware Ltd. within the warranty period or refund the money You paid for SmartFixer 2007. SmartSoftware Ltd. does not warrant that SmartFixer 2007 will meet Your requirements or that operation of SmartFixer 2007 will be uninterrupted or that SmartFixer 2007 will be error-free. SmartFixer 2007 setup procedure may uninstall some products or some components in order to avoid their incompatibility with the Software being installed.

THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.

5. Disclaimer of Damages
SOME STATES AND COUNTRIES, INCLUDING MEMBER COUNTRIES OF THE EUROPEAN ECONOMIC AREA, DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE BELOW LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SMARTSOFTWARE LTD. OR ITS LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE SMARTFIXER 2007 EVEN IF SMARTSOFTWARE LTD. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO CASE SHALL SMARTSOFTWARE LTD. OR ITS LICENSORS` LIABILITY EXCEED THE PRICE OF PURCHASE OF SMARTFIXER 2007. The disclaimers and limitations set forth above will apply regardless of whether You accept SmartFixer 2007.

This product can be freely distributed through the Internet. To publish it on a CD, please contact support@smartfixer.com

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