Spinach AntiSpyware distribution permissions and end-user license agreement



You ("You") and Spinach Software Limited ("Spinach") agree that the use of Spinach AntiSpyware ("Software") will be governed by the following License Agreement ("Agreement"). By clicking "I Agree", installing or using the Software, you agree to be bound by the following terms. By agreeing to these terms, you bind not only yourself but also your corporation, entity or organization. If you do not agree with any of the following terms, do not click "I Agree", use, copy, transmit, distribute or install the software.

The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold.

This Agreement also applies to any Software updates, documentation, supplements, service and support.

1. TRIAL SOFTWARE USE. If you agree to the terms of this Agreement, you have the right to install and use this Software for evaluation purposes until the end of your trial period ("Trial"). At that point the Software will cease to function and you will need to contact Spinach for your release software download.

2. PRODUCT REGISTRATION. You agree that to continue using the software and receive support and updates after the Trial has finished, you will need to enter a license key ("Key") to complete Product Registration. You may purchase a Key at the Spinach web site or from authorized resellers or distributors as deemed by Spinach. Purchase of a Key is optional, if you choose not to purchase and enter your Key, the Software will cease to function after the Trial period has expired. Spinach may choose to provide you with a Trial extension Key which allows limited continued use of the Software, in accordance with this agreement for the purposes of evaluation.

3. LICENSE AND PERMITTED USE. This Software is licensed, not sold. Spinach grants You a non-exclusive, non-transferable license ("License") to use the Software on a single computer under the terms of this agreement. All computers that use this product must be licensed. Spinach reserves all rights not expressly granted.

4. UPDATES. This Agreement may entitle you to Software, documentation or definition file updates for a period of time ("Updates"). Spinach reserves the right to change the terms and conditions of Updates from time to time. Definition File Updates ("Updates") must be downloaded from the designated website regularly to ensure the Software operates most effectively. By agreeing to this Agreement, you agree to allow the Software to check the web for updates automatically - no personal information will be transmitted in this update process.

5. FEEDBACK. Any feedback you give to Spinach on the software is optional. If you choose to give feedback on the Software to Spinach, you grant Spinach the right, without any charges or licenses to use this feedback in a commercial manner as it sees fit and in accordance with the Spinach Privacy Policy ("Privacy Policy"), available on the Spinach web site. You agree that you have the legal right to provide this feedback to Spinach without any charges or licensing requirements. These rights survive termination of this agreement.

6. POTENTIAL SPYWARE. This Software is designed to identify and remove potential Spyware, Adware, Key-loggers, Trojans and other threats ("Threats") from your computer system ("System") which may involve the removal of files, registry entries, shortcuts, corrupt system files and other items that in Spinach`s judgment, may compromise your System`s security or performance or your (or your companies) privacy. Before items are ever removed from your system, you will always be asked if you wish to remove the items or if you would prefer to leave the items intact without making any changes. You agree that Spinach is not responsible for your decision to clean or remove items from your system. You agree that you are solely responsible for the removal of any items from your System. While Spinach makes efforts to ensure the Definition Files that are used to identify Threats are up to date and error free, Spinach cannot guarantee that the Definition Files contain all possible Threats or that they are completely accurate. You acknowledge that the disabling, removing or cleaning of these items may cause some other software that relies on these items to stop working correctly and in some cases may cause a breach of the third party software`s license agreements with you. You should ensure that you have read and understand third party software`s license agreements before cleaning any items. You should ensure you regularly check the Spinach web site for Definition File updates.

7. LICENSE LIMITATIONS. You agree that You will not:

Reverse engineer, decompile or disassemble the Software, Definition Files or any other components of the Software.
Use the Definition Files separately to the Software.
Work around any technical limitations imposed by the Software.
Work around any licensing limitations imposed by the Software.
Rent, lease, loan, hire or lend the Software.
Based on the Software, attempt to create any software which has features or functionality the same as or similar to the features and functionality of the Software.
Use the Software in any way not specifically allowed in this Agreement.
Make your Key or other activation codes available to any third parties.

8. WARRANTY. The Software is being delivered to you AS IS and Spinach makes no warranty as to its use or performance. Spinach and its suppliers do not and cannot warrant the performance or results you may obtain by using the Software or Documentation, including any Updates. Spinach and its suppliers make no warranties, express or implied, as to noninfringement of third party rights, merchantability, or fitness for any particular purpose. All express or implied representations, conditions, warranties and terms relating to the Software or this agreement not expressly stated in this agreement are excluded to the extent permitted by law.

9. LIMITATION OF LIABILITY. Spinach`s liability under this agreement is limited to a maximum of the price paid for the Software. You can not recover any lost profit or other damages or costs from Spinach or it`s suppliers. If the law implies or imposes a non-excludable condition or warranty which can be limited, Spinach`s liability to You for breach of that condition or warranty will be limited to one or more of the following as Spinach may decide:
(a) in the case of goods, to:
(i) replacing the foods or supplying equivalent goods;
(ii) repairing the goods;
(iii) paying for the cost of replacing the goods or buying equivalent goods; or
(iv) paying for the cost of repairing the goods; or
(b) in the case of services; to
(i) supplying the services again; or
(ii) paying for the cost of supplying the services again.

This limitation of liability applies even if Spinach knew or should have known about the possibility of any damages.

10. GOVERNING LAW. This Agreement and any disputes arising out of or related to this Agreement or the Software will be governed by the laws of New Zealand.

11. BACK-UP. You agree that during the use of the Software you will make regular back ups of your System and it`s data on separate media.

12. EXPORT RESTRICTIONS. You agree to comply with all applicable laws regarding exports that are applicable to you as well as the export laws or New Zealand.

13. TERM AND TERMINATION. This Agreement becomes effective as you click "I Agree", install the software or use the software, which ever is first and will continue unless terminated or expired in accordance with the terms and conditions of this agreement. Spinach may terminate this agreement immediately and without notice for any reason. You may terminate this agreement at any time and for any reason by uninstalling and destroying the Software and all it`s components and media. Termination of this agreement is without prejudice to any other right or remedy available to the parties. On termination of this agreement You must immediately cease using and return or destroy all copies of the Software and associated documentation.

14. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties about its subject matter and supersedes any previous understandings or agreements on that subject matter.


See End User License Agreement.

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