Safe Eyes - Software License Agreement

Transcription

1 Safe Eyes - Software License Agreement This software license is an agreement between InternetSafety.com, Inc. (or based on where you live, one of its affiliates) and you regarding use of Safe Eyes Internet Content Control Software (the "Software"), which includes the media on which you received it, if any. The terms of this agreement also apply to any updates, supplements, Internet-based services, and support services for the Software provided by InternetSafety, unless other terms accompany those items. If so, those terms apply. If you are viewing this agreement via Internet, by clicking the "I Accept", you agree to accept the terms of this license. If you are not in agreement with the terms described below, click the "I Do Not Accept" icon, and you will be disconnected from the Software. If you are reading or viewing this agreement via another media, by using the Software, you agree to accept the terms of this license. If you do not agree with all of the terms and conditions of this agreement, do not use the Software and return it within 90 days of purchase in accordance with the procedure set forth in the Money Back Guarantee section below for a full refund. You should contact Nova Development (at the address set forth at the end of this agreement) if you plan to use the Software simultaneously on more than three computers in a single location in order to discuss available options for multiple computer licensing. The Software is an Internet control product that consists of client software installed on your personal computer that intercepts Internet-bound traffic and sends it to the InternetSafety servers for categorization. The client-server solution is designed to transparently monitor traffic and block undesirable content. The client software on your personal computer connects to a server network infrastructure that is deployed on the Internet and operated as a managed service by InternetSafety and other service providers. Safe Eyes does not enable you to access the Internet. You must separately have Internet access service in order to utilize the Software. InternetSafety may at any time without notice or liability restrict the use of the Software or limit its availability in order to perform maintenance activities. As described below, your use of the Software also operates as your consent to the transmission of certain computer information to InternetSafety during the installation and configuration of the Software and for use of the Internet-based services that constitute an integral part of the Software. If you comply with these license terms, you have the rights below as a licensed user of the Software for each license that you acquire. 1. Software, Installation, and Use. The Software includes personal computer desktop software and access to related Internet services, including but not limited to website categorization, user profiles, and usage reporting. a. This agreement is a nonexclusive and nontransferable license entitling you to install one copy of the Software on up to three personal computers in the same location, each of which will be referred to as a licensed computer, and to use the Software on such licensed computers until this license is terminated. Only one user may use the Software at a time on each licensed computer.

2 b. You agree and understand that the Software requires a yearly renewal in order for you to continue using it. Should you choose not to renew your subscription to the Software, your account may be deactivated at the end of the current subscription term for which you have paid, at which time the Software will cease to function and your license to use the software as described in this agreement will terminate. c. You must agree to provide InternetSafety with accurate and truthful registration information, including, but not limited to, your name, address, telephone number and credit card or billing information, and to keep your registration information current during the term of this agreement. d. The Software may include more than one version, including versions designed to operate on different operating systems. e. You may uninstall the Software from one personal computer and install it on another personal computer, but you may not do so as a means of installing the Software on more than three personal computers. 2. Free Trial Period. InternetSafety may offer a free trial period for the Software from time to time. During the free trial period you may use the Software without being charged, subject in all respects to the terms and conditions of this agreement. At the expiration of the free trial period, you will be required to pay for a version of the Software appropriate for your operating system, or to uninstall the Software. Trial accounts that are not activated may be purged from our systems after expiration. 3. Internet-Based Services. InternetSafety includes Internet-based services as an integral part of website categorization and other features of the Software. InternetSafety may modify or cancel these services at any time. You will not receive a separate notice when you connect to an Internet-based service. You may not use the Software or the Internet-based services in any way that could harm them or impair any other user s use of these services. You may not use these services to gain, or attempt to gain, unauthorized access to any service, data, account or network by any means. 4. Scope of License. a. The Software is licensed, not sold. This agreement only gives you certain rights to use the Software. InternetSafety reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the Software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the Software that only allow you to use it in certain ways. You may not work around any technical limitations in the Software; reverse engineer, decompile, disassemble, translate, alter, adapt or modify the Software; use components of the Software to run applications not running on the Software; make more copies of the Software than specified in this agreement or allowed by applicable law, despite this limitation; publish the Software for others to copy; rent, lease or lend the Software; use the Software for commercial software or Internet hosting services; or remove or alter the copyright

3 or trademark notices on the Software. You may not use the Software or the Internet-based services to upload, transmit, or transfer any data, information, materials, or content to InternetSafety or any third party other than transmissions or transfers of information necessary for the intended use of the Software. You also agree not to use Safe Eyes for any unlawful or improper purpose. b. InternetSafety has the right to terminate this license agreement and deactivate your account upon your breach of any term or obligation in this agreement. InternetSafety will retain all fees and other monies paid prior to termination without refund of fees allocable to any remaining portion of the current term. Upon termination of this agreement, any monies owed by you to InternetSafety will become due and payable immediately upon such termination. 5. Billing. InternetSafety reserves the right to accept or not accept certain methods of payment. You agree to provide accurate information to InternetSafety for the purpose of charging you for the use of Safe Eyes. 6. Cancellation. To cancel your Safe Eyes account, you may submit a trouble report using the "Support" section of or by calling Customer support is available 24 hours a day, seven days a week. Cancellation requests by will not be accepted. You will receive a response to your cancellation request by , confirming that the account has been closed. Uninstalling the Software does not cancel your account. You will need to request that your account be cancelled. You agree that all fees paid to InternetSafety prior to your cancellation may be retained by InternetSafety and are not subject to refund. 7. Administrator Password. Your user configuration information for Safe Eyes is protected by an administrator password. In order to change the Safe Eyes settings or remove the Software from your computer you will need to know this password. In the event that you forget this password you may call to retrieve this password. Customer support is available 24 hours a day, seven days a week. Your administrator password will be released only in the event that you can satisfy the specified security criteria established by InternetSafety. 8. Backup Copy. You may make one backup copy of the media. You may use it only to reinstall the Software. 9. Documentation and Backup. Any person that has valid access to your computer or internal network may copy and use the documentation associated with the Software for your internal, reference purposes. 10. Third Party Information. The Software contains third party programs and components and makes use of third party Internet-based services, including but not limited to website categorization services. The license terms applicable to the third party programs, if any, apply to your use of them. You obtain no rights in or to any such third party software except as may be expressly stated in any accompanying license agreement or terms. InternetSafety is not responsible for the accuracy, completeness, copyright compliance, legality, decency, or any other attribute of such third party programs.

4 11. Export Restrictions. The Software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the Software. These laws include restrictions on destinations, end users and end use. InternetSafety makes no representation that Safe Eyes is appropriate or available for use outside the United States from locations where its use is prohibited. You represent and warrant that (a) no U.S. federal agency has suspended, revoked or denied your export privileges, (b) you are not a national or resident of and are not located in, nor will you ship or transmit the Software to, Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any other country subject to a U.S. embargo (or any national or resident of any of these countries), (c) you will not ship or transmit the Software to any, nor are you (by affiliation or otherwise), a person or entity on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Denied Persons List or Entities List. 12. Entire Agreement. This agreement (including the warranty below), additional terms and the terms for supplements, updates, software, Internet-based services and support services that you may use in connection with the Software, are the entire agreement for the Software and support services offered by InternetSafety and its affiliates. 13. Applicable Law and Tax. This agreement is governed by the law of California applicable to contracts entered into and performed entirely within California irrespective of its conflict of laws principles. Any action arising under, relating to or connected with this agreement or the use of the Software will be filed only in an appropriate court located in Los Angeles County, California, and the parties irrevocably consent and submit to the exclusive personal jurisdiction of such courts for such purposes. You are solely responsible for all sales, use, ad valorem, valueadded, or other taxes associated with your licensing and use of the Software. 14. Legal Effect. This agreement describes certain legal rights. You may have other rights under the laws of your state or country. You may also have rights with respect to the party from whom you acquired the Software. This agreement does not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so. 15. Limitation on and Exclusion of Damages. YOU CAN RECOVER FROM INTERNETSAFETY, ITS SUPPLIERS, AFFILIATES, RESELLERS AND DISTRIBUTORS ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE SOFTWARE OR RECEIVE REPLACEMENT OR REPAIR OF THE SOFTWARE IN ACCORDANCE WITH THE TERMS OF SECTION 18 BELOW. YOU CAN NOT RECOVER ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE SOFTWARE, REGARDLESS OF THE NATURE OF THE CLAIM, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. This limitation applies to anything related to the Software, services, content (including code) on third party Internet sites, or third party programs; claims for breach of contract, breach of warranty, guarantee, condition or strict liability; and negligence, or other tort claims, to the extent permitted by applicable law. It also applies even if repair, replacement or a refund for the Software does not fully compensate you for any losses; or InternetSafety knew or should have known about the possibility of the

5 damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. They also may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages. 16. Waiver and Severability. A waiver by either party of any term or condition of this agreement or any breach thereof, in any one instance, will not be deemed or construed to be a waiver of such term or condition or any subsequent breach thereof. If a court of competent jurisdiction holds that any provision of this agreement is invalid or unenforceable as applied to any particular facts or circumstances, then (a) such ruling will not impair the validity and enforceability of the relevant provision as applied to any other particular facts or circumstances, (b) the validity of the other provisions of this agreement shall not in any way be affected or impaired, and (c) the relevant provision shall be reformed without further action by the parties to make the provision valid and enforceable when applied to the same facts and circumstances. 17. Amendment. InternetSafety reserves the right, at its discretion, to update or revise the terms of this Software license agreement without notice by posting an updated version at Your continued use of the Software following the posting of any changes to this Software license agreement constitutes acceptance of such changes. Otherwise, no waiver, amendment, supplementation or modification of any provision of this agreement will be effective, except pursuant to a written instrument signed by InternetSafety. 18. Limited Warranty. If you follow the instructions and the Software is properly licensed, the following limited warranty will apply: the Software will perform substantially as described in the InternetSafety materials that you receive in or with the Software or as published on our website at a. This limited warranty covers the Software for ninety (90) days after it is purchased. b. This warranty does not cover problems caused by your acts (or failures to act), the acts of others, or events beyond the reasonable control of InternetSafety. c. If during the warranty period set forth above you notify InternetSafety in writing of a breach in the warranty in this Section 18, InternetSafety will repair or replace, at InternetSafety s option, the Software at no charge. If InternetSafety cannot repair or replace it, InternetSafety will refund the amount shown on your receipt for the Software. You must uninstall the Software and return any media and other associated materials to InternetSafety with proof of purchase to obtain a refund. These are your only remedies for breach of the limited warranty. d. You may have additional consumer rights under your local laws, which this agreement cannot change. e. You need proof of purchase for warranty service. For warranty service or information about how to obtain a refund for software acquired in the United States, contact InternetSafety at (877) , or visit Customer support is available 24 hours a day, seven

6 days a week. If you acquired the Software outside of the United States, contact the InternetSafety affiliate serving your country. f. THIS LIMITED WARRANTY IS THE ONLY WARRANTY FROM INTERNETSAFETY. THE SOFTWARE IS LICENSED TO YOU "AS-IS." TO THE EXTENT ALLOWED BY YOUR LOCAL LAWS, INTERNETSAFETY HEREBY DISCLAIMS AND EXCLUDES ALL IMPLIED GUARANTEES AND WARRANTIES, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IF YOUR LOCAL LAWS GIVE YOU ANY IMPLIED WARRANTIES OR GUARANTEES OTHER THAN THOSE SET FORTH IN THIS AGREEMENT, THEY WILL BE (TO THE EXTENT PERMITTED BY LAW) LIMITED TO TERM OF THIS LIMITED WARRANTY. g. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. You may also have other rights which vary from country to country, if applicable. 19. Money-Back Guarantee. Without limiting any of the other terms of this agreement, if for any reason you are not satisfied with the Software you may return it in its original condition within ninety (90) days of purchase for a full refund. If the store where you purchased the Software does not support this money-back guarantee, you may return the Software directly to Nova Development. Call Nova Development at the phone number set forth at the end of this agreement to obtain a return authorization number. Then send the Software, along with the original store receipt, to the address you are given when you call Nova Development. Nova Development cannot accept returns without prior authorization. 20. U.S. Government Restricted Rights. The Software is licensed to the U.S. Government with RESTRICTED RIGHTS. Use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in the Rights in Technical Data and Computer Software clause at DFARS and the Commercial Computer Software clause at 48 CFR , as applicable. Contractor/manufacturer is Nova Development, Calabasas Road, Suite 2005, Calabasas, California Binding Effect and Survival. This agreement is binding on and made for the benefit of the parties and their successors and permitted assigns. In addition, (a) all of the provisions of this agreement that limit damages and liability for and disclaim warranties and guaranties by InternetSafety, shall apply to InternetSafety s suppliers, affiliates, resellers and distributors, including, without limitation, Nova Development and (b) all of the provisions of this agreement that (i) limit damages and liability for and disclaim warranties and guaranties, (ii) provide for the interpretation of this agreement and (iii) set forth general legal terms (such as choice of law and venue) shall survive the expiration or termination of this agreement. Nova Development Calabasas Road Calabasas, California 91302