Stealth Privacy Protector distribution permissions and end-user license agreement
This document contains the Licence Terms relating to the use of [Stealth Privacy Protector] that you are about to install.
When You have read the terms of the Licence below and you wish to become a Licensee of [Stealth Privacy Protector], click on the YES button to show your acceptance to the Licence Terms. By clicking the YES button You indicate your acceptance of the terms set out below. Acceptance shall bind You and all of your employees to the terms of this Licence. If You do not wish to accept the terms, click the NO button. Provided You have not used the Software, and that you deactivated it in accordance with Array Software Systems Pvt. Ltd. instructions, the Licence Fee You have paid for the Software will be refunded.
TERMS OF LICENCE
1.1 Array Software Systems Pvt. Limited whose registered office is at 3rd Floor, Vanshree, Marve Road, Malad (W), Mumbai - 400 064, INDIA is authorised to Licence the [Stealth Privacy Protector] Software which You are about to install (the "Software").
1.2 By clicking on the YES button below, You, the Licensee, accept these Licence terms (the "Licence"). This Licence is an agreement between Array Software Systems Pvt. Ltd. and You.
1.3 In consideration of You accepting the Licence and paying the Licence Fee (as set out below), Array Software Systems Pvt. Ltd. grants You a non-exclusive, non-transferable object code licence to use the Software and the Help Manual or other supporting documentation relating to the Software subject to the terms set out below.
2. The Licence Fee
2.1 You must pay the Licence Fee as agreed by You at the time of your purchase (the "Licence Fee") before You download and install the Software. The Licence Fee is a one-time Fee and may incorporate transaction or administration charges depending upon the method by which You choose to make your payment, and as advised to You by Array Software Systems Pvt. Ltd. at the time of purchase.
2.2 The Licence Fee is inclusive of any taxes, duties, value added/purchase tax, excise tax, import or other duties, unless you are normally resident in America. Any sales taxes applicable to residents of America are set out at the time of your purchase.
2.3 If you are not paying the Licence Fee in US Dollars, the Licence Fee payable is an estimate only and the actual amount payable is subject to fluctuations on the currency markets.
3. Use of the Software
3.1 In this clause, "N" means the number of users in respect of which You are entitled to use the Software as shown on your Key Code Document which was issued at the time of your purchase.
3.2 You may download the Software into the permanent memory (e.g. hard disc, CD-ROM or other storage device) on a single or multiple computer(s) for processing such Software for use by no more than N concurrent users.
3.3 For the purposes of this Licence, "concurrent use" shall mean simultaneous use of the Software by a maximum of N users provided that (a) Software installed on a server for the sole purpose of distribution to other work stations and (b) Software installed on computers where the Software is not being used, is not utilised for the purposes of ascertaining the number of concurrent users.
3.4 You may use the Software to delete data from your computer. You shall not distribute or re-sell this Software to any other person.
3.5 This Software deletes data. If You have data on your computer You want to keep, You must back that data up before using this Software to delete data. If You have valuable data on your computer or You are in any doubt about using this Software, read the Help Manual thoroughly before actually using or starting this software processing in your computers memory. The Help Manual is available after installation of the Software.
3.6 You must not make any translations, adaptations, alterations, additions or enhancements to the Software or Help Manual for any purpose (including, without limitation, for error correction) nor permit the Software or any part of it to be combined with any other program.
3.7 You are allowed to make a maximum of two back up copies of the Software if and only if the making of a copy is necessary for the use of the Software permitted by this Licence. You are allowed to print a maximum of N copies of the Help Manual for use only as aids to the electronic copy of the Help Manual installed with this Software. The copy/copies shall be owned by Array Software Systems Pvt. Ltd.
3.8 Except as set out in clause 3.7, You shall not make or allow others to make any copies of the Software and/or the Help Manual. You shall put in place adequate security measures to prevent the Software and Help Manual from being used or copied by unauthorised people.
3.9 Array Software Systems Pvt. Ltd. Licences this Software for legal purposes only to enable You to remove unwanted data from your computer systems. Use of this Software for illegal, defamatory or offensive purposes, including but not limited to removing data from your computer which may be required in criminal proceedings, is expressly not permitted.
4.1 Array Software Systems Pvt. Ltd. does not allow You or any person to decompile, reverse-engineer or disassemble the Software or any part of it, except that You may decompile the Software to the extent permitted and subject to the provisions of the EC Software Directive as enacted by the Copyright Designs and Patents Act 1988 (as amended), where this is indispensable to obtain the information necessary to achieve the interoperability of an independently created program with the Software or with another program (the "Information") and the Information is not readily available from Array Software Systems Pvt. Ltd. or elsewhere.
4.2 With respect to the Information, whether provided by Array Software Systems Pvt. Ltd. or obtained by decompilation, You shall not permit any person to:
4.2.1 use the Information for any purpose other than to achieve the interoperability of an independently created program with the Software or other programs; or
4.2.2 supply the Information to any other person except when necessary for the interoperability of the independently created program with the Software or other programs; or
4.2.3 use the Information for the development, production or marketing of a computer program substantially similar in its expression to the Software, or for any other copyright infringement act; or
4.2.4 use the Information in a manner which unreasonably prejudices Array Software Systems Pvt. Ltd. legitimate interests or conflicts with a normal exploitation of the Software.
5. Your Obligations
5.1 You shall:
5.1.1 maintain accurate records of the number and location of all copies of the Software, and control use of the Software in accordance with this Licence;
5.1.2 not tamper with, obscure or remove the copyright notice of Array Software Systems Pvt. Ltd. on the Software or any other proprietary marks of any person as may be specified in or on the Software or in the Help Manual;
5.1.3 not obtain any ownership of or rights to the copyright, patents, trade marks, or any other intellectual property rights of Array Software Systems Pvt. Ltd.on or in relation to the Software and the Help Manual;
5.1.4 inform Array Software Systems Pvt. Ltd. immediately if You become aware of any unauthorised access to, use or copying of, any part of the Software or Help Manual.
6. Array Software Systems Pvt. Ltd. Obligations
6.1 From time to time Array Software Systems Pvt. Ltd. may modify and improve the Software. As a licensed user You may download updates and upgrades to the Software free from Array Software Systems Pvt. Ltd. web-site (www.arraysoftsys.com) as and when they become available. This Licence will apply to all updates and upgrades of the Software.
6.2 Array Software Systems Pvt. Ltd. is happy to assist You with any queries You have with the Software by providing e-mail guidance for free and shall provide such service with reasonable care and skill and within a reasonable time. Array Software Systems Pvt. Ltd. does not make any other promises about this support service . If You require support for the Software which is not covered by this Licence, Array Software Systems Pvt. Ltd. shall inform You how much that will cost.
6.3 Array Software Systems Pvt. Ltd. wants You to be happy with the Software. Array Software Systems Pvt. Ltd. warrants that the Software will perform in accordance the specification published on Array Software Systems Pvt. Ltd. Internet Website at http://www.arraysoftsys.com/ for a period of 30 days from the date of You entering into this Licence. Array Software Systems Pvt. Ltd. will use all reasonable endeavours to correct any failure of the Software to perform to that specification or (at its option) replace such a copy of the Software free of charge or (at its option) refund the Licence Fee provided that:
6.3.1 the Software has been used at all times in accordance with the instructions for use issued by Array Software Systems Pvt. Ltd. and the terms of this Licence; and
6.3.2 no alteration or addition has been made to the Software without Array Software Systems Pvt. Ltd. prior written consent; and
6.3.3 the alleged error, malfunction or inconsistency has been notified by You to Array Software Systems Pvt. Ltd. within the 30-day warranty period specified above.
6.4 Any claim by You under this warranty shall be sent in writing, by post, or e-mail, or by submitting the form available on Array Software Systems Pvt. Ltd. web-site at http://www.arraysoftsys.com/ to Array Software Systems Pvt. Ltd. specifying the Software involved, its key code, and the nature of the error or malfunction. Upon receipt of such written claim, Array Software Systems Pvt. Ltd. shall have the right to test or inspect the Software.
6.5 For any errors or malfunctions of the Software which arise in the 30-day warranty period, Array Software Systems Pvt. Ltd. will refund the Licence Fee if it does not correct the Software`s failure to perform to specification or if it does not replace the Software. Prior to refunding the Licence Fee, Array Software Systems Pvt. Ltd. will require You to de-activate the Software. When the Software is de-activated, a lock out key will be created which You will return to Array Software Systems Pvt. Ltd. to obtain your refund of the Licence Fee.
6.6 In addition to the warranty set out at 6.3, Array Software Systems Pvt. Ltd. warrants that at the date of You entering this Licence, the Software will match its description as set out on Array Software Systems Pvt. Ltd. web-site at www.arraysoftsys.com, will be of satisfactory quality and fit for its intended purpose.
7.1 Array Software Systems Pvt. Ltd. does not warrant that the Software is error free and because it is not involved in identifying your requirements, it gives no warranty that the Software will be suitable for any purpose other than that set out on Array Software Systems Pvt. Ltd. web-site.
7.2 Array Software Systems Pvt. Ltd. does not warrant that the Software shall be free from all known viruses although it has used commercially reasonable efforts to check for the most commonly known viruses prior to making it available to download. You are solely responsible for virus scanning the Software.
7.4 In any event, Array Software Systems Pvt. Ltd. shall not be liable to You for any loss of anticipated revenue, loss of profits, loss of business opportunity, loss of goodwill, damage to reputation, any indirect loss or damage, or for any loss which was not foreseeable to both parties when this Licence was entered into, or for any losses that are not caused by any breach by Array Software Systems Pvt. Ltd. of its obligations, or for business losses or losses to non-consumers, (whether caused by the negligence of Array Software Systems Pvt. Ltd., its employees, agents or otherwise), which arise out of or in connection with this Licence.
7.5 Array Software Systems Pvt. Ltd. shall not be liable to You or be deemed to be in breach of this Licence by reason of any delay in performing, or any failure to perform, any of its obligations under this Licence, if the delay or failure is due to any cause beyond Array Software Systems Pvt. Ltd. reasonable control (including, without limitation, fire, explosion, flood, Governmental restriction, strikes or war).
7.6 Notwithstanding anything to the contrary in this Licence, Array Software Systems Pvt. Ltd. liability to You for death or personal injury caused by the negligence of Array Software Systems Pvt. Ltd., its employees, agents or sub-contractors, or for fraud (including without limitation fraudulent misrepresentation), or otherwise as prohibited by law, is not limited.
7.7 Business users only: Except as expressly set out in this Licence, all conditions, warranties, terms and undertakings in respect of the Software and the Help Manual are hereby excluded by Array Software Systems Pvt. Ltd. to the fullest extent permitted by law.
7.8 Business users only: The entire liability of Array Software Systems Pvt. Ltd. in respect of any and all claims made against it by You under or in connection with this Licence shall be limited to the Licence Fees paid by You under this Licence. You agree that this is reasonable because of, amongst other things, the likelihood that the amount of damages which would be awarded to You for a breach by Array Software Systems Pvt. Ltd. of this Licence would be disproportionately greater than the value of this Licence to Array Software Systems Pvt. Ltd.
8. Duration of Licence and Termination
8.1 This Licence shall take effect when You have paid the Licence Fee and shall continue unless terminated in accordance with 8.2 below.
8.2 Without prejudice to any other remedy that it may have, Array Software Systems Pvt. Ltd. may terminate this Licence immediately by giving written notice to You if:
8.2.1 You commit any breach of this Licence and (if capable of remedy) fail to remedy such breach within 30 days after being given written notice to do so; or
8.2.2 You use the Software for any illegal, defamatory or offensive purpose;
8.2.3 You make any voluntary arrangement with your creditors, or (being an individual or firm) become bankrupt, or (being a company) become subject to an administration order or go into liquidation (other than for the purposes of amalgamation or reconstruction), or an encumbrancer takes possession, or a receiver is appointed, over any of its property or assets, or anything analogous to any of the foregoing occurs to You under the law of any jurisdiction.
8.3 Within 7 days after termination or discontinuance of this Licence for whatever reason, You shall return to Array Software Systems Pvt. Ltd. or disable the Software, (unless the Software is not automatically disabled by Robin Hood), and You shall Un-Install the Software using the supplied Un-Install function of it which is contained within the Software, and You shall return to Array Software Systems Pvt. Ltd. or destroy the Help Manual and all updates, upgrades or copies including partial copies of the Software.
8.4 Termination shall be subject to any rights and remedies Array Software Systems Pvt. Ltd. may have under this Licence or under applicable law.
9.1 Headings in this Licence are for reference only and are not to be used in interpreting this Licence.
9.2 You shall not assign, sub-licence, sell or otherwise transfer all or any part of the Software, the Help Manual or this Licence.
9.3 Failure or neglect by Array Software Systems Pvt. Ltd. or You to enforce at any time any of the provisions of this Licence shall not be construed nor deemed to be a waiver of that party`s rights under this Licence, nor in any way effect the validity of the whole or any part of this Licence, nor prejudice that party`s rights to take subsequent action.
9.4 Business users only: This Licence constitutes the entire agreement and understanding between the parties with respect to its subject matter, and the terms of the Licence shall supersede any previous agreements (whether written or oral).
9.5 In the event that any of the terms contained in the Licence shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term shall to that extent be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by law.
9.6 [Stealth Privacy Protector] will access the Array Software Systems Pvt. Ltd. servers (remotely located) to monitor any new updates to the software and will download remotely all updates so the user can benefit seamlessly with the latest version of the software. This process is called remote updates and is beneficial to the customer.
9.7 [Stealth Privacy Protector] will access the computer number and other information from your computer on which the software has been installed and transferred to Array Software Systems Pvt. Ltd. data centers. This process takes place at the time of initial registration (trial period or unlocking trial period). This process is implemented for the purpose of sending remote software updates/patches and to prevent sofware piracy due to multiple installations using a single registration.
9.8 For the avoidance of doubt, nothing in this Licence is intended to confer on any third party any benefit or right to enforce the terms of this Licence.
9.9 This Licence shall be governed by and construed in accordance with the laws of India and shall be subject to the exclusive jurisdiction of the Mumbai courts in Maharashtra state of country India.