SurfSolo 2.0

EULA - End User License Agreement

T END-USER LICENSE AGREEMENT FORM END-USER LICENSE AGREEMENT FOR SECURSTAR SURFSOLO SOFTWARE IMPORTANT-READ CAREFULLY BEFORE OPENING, INSTALLING, USING, ACCESSING, OR MANIPULATING THE SOFTWARE: This End-User License Agreement (EULA) is a legal agreement between you (either an individual or a single entity)(you, your, or Licensee) and SecurStar GmbH. (Licensor) for the software product identified above, which includes computer software and may include associated media, printed materials, and online or electronic documentation (SOFTWARE PRODUCT or SOFTWARE). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you may not use the SOFTWARE PRODUCT. SOFTWARE PRODUCT LICENSE The SOFTWARE PRODUCT is protected by German copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold. 1. GRANT OF LICENSE. You are permitted to install and use the SOFTWARE in machine-readable form only and solely on a single desktop computer provided by you, solely for the purposes described in the applicable Licensor documentation. Any components of the SOFTWARE explicitly designed to reside and operate from a server, may be installed on a single server solely on your premises, and any client component is to be installed on as many clients as user licenses purchased and described in the applicable Licensor documentation. 2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. You may not reverse engineer, decompile, translate, disassemble, or otherwise attempt to derive source code from the SOFTWARE PRODUCT, or authorize any third party to do any of the foregoing except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer. You may not rent, lease, loan, or distribute the SOFTWARE PRODUCT or any part thereof. Software Transfer. You may not transfer your license of the Software to a third party. Termination. Without prejudice to any other rights, Licensor 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 PRODUCT and all of its component parts. 3. COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and applets incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by Licensor or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material. You may not copy the printed materials accompanying the SOFTWARE PRODUCT. 4. DISCLAIMER OF WARRANTIES. ANY USE OF THE SOFTWARE IS AT YOUR OWN RISK.THE SOFTWARE IS PROVIDED AS IS, WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND. LICENSOR, ITS SUPPLIERS AND DISTRIBUTOR DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE DISCLAIMER OF IMPLIED WARRANTIES ABOVE MAY NOT APPLY TO LICENSEE, IN WHICH CASE THE DURATION OF ANY SUCH IMPLIED WARRANTIES IS LIMITED TO sixty (60) DAYS FROM THE DATE LICENSEE FIRST INSTALLED THE SOFTWARE ON LICENSEES COMPUTER; PROVIDED, HOWEVER, THAT LICENSEES SOLE AND EXCLUSIVE REMEDY, AND LICENSORS SOLE OBLIGATION SHALL IN ANY CASE BE THAT LICENSOR WILL, AT ITS OPTION, REPAIR OR REPLACE LICENSEES COPY OF THE SOFTWARE, OR TERMINATE THIS LICENSE AGREEMENT AND REFUND AMOUNTS ALREADY PAID THEREFOR BY LICENSEE. Some States, Provinces, or other jurisdictions do not allow for exclusions of implied warranties or limitations on how long an implied warranty lasts, so the above exclusion or limitation may not apply to Licensee. Licensee may have other rights which vary from state to state, Province to Province, or in other jurisdictions. Licensor does not warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free. Any representation, other than the warranties set forth in this Agreement, will not bind the Licensor. You assume full responsibility for the selection of the Software to achieve your intended results, and for the buying or downloading, use and results obtained from the Software. Licensee also assume the entire risk as it applies to the quality and performance of the Software 5. LIMITATION OF LIABILITY. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, TO THE EXTENT PERMITTED BY THE LAW OF THE JURISDICTION IN WHICH LICENSEE OBTAINED THIS LICENSE, LICENSOR, ITS SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY CHARACTER, INCLUDING BUT NOT LIMITED TO DAMAGES FOR COMPUTER MALFUNCTION, LOSS OF INFORMATION, LOST PROFITS AND BUSINESS INTERRUPTION, AND THE COST TO OBTAIN SUBSTITUTE SOFTWARE, ARISING IN ANY WAY OUT OF THIS AGREEMENT OR THE USE OF (OR INABILITY TO USE) THE SOFTWARE HOWEVER CAUSED AND WHETHER ARISING UNDER A THEORY OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF LICENSOR, ITS SUPPLIERS DISTRIBUTOR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LICENSORS, ITS SUPPLIERS OR DISTRIBUTORS TOTAL LIABILITY TO LICENSEE RELATING TO THIS AGREEMENT OR THE USE (OR INABILITY TO USE) THE SOFTWARE EXCEED THE AMOUNT PAID BY LICENSEE TO LICEN SOR OR LICENSORS DISTRIBUTOR FOR THIS LICENSE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO LICENSEE. LICENSOR, ITS SUPPLIERS AND DISTRIBUTORS SHALL NOT BE LIABLE FOR ANY CLAIMS OF THIRD PARTIES RELATING TO THE SOFTWARE. LICENSOR, ITS SUPPLIERS AND DISTRIBUTORS WOULD NOT PROVIDE THE SOFTWARE TO LICENSEE IF LICENSEE DID NOT AGREE TO THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY PROVISIONS IN THIS AGREEMENT. 6. Paragraph deleted 7. Paragraph deleted 8. GENERAL. This Agreement is binding on you as well as your employees, employers, contractors and agents, and on any successors and assignees. Neither the Software nor any information derived there from may be exported except in accordance with the laws of Germany or other applicable provisions. This Agreement is governed by the laws of Germany and the court of Munich (Germany) shall have sole jurisdiction over any dispute arising hereunder. This Agreement is the entire agreement between you and SecurStar Ltd. and you agree that SecurStar Ltd will not have any liability for any untrue statement or representation made by its, its agents or anyone else (whether innocently or negligently) upon which you relied upon entering this Agreement, unless such untrue statement or representation was made fraudulently. This Agreement supersedes any other understandings or agreements, including, but not limited to, advertising, with respect to the Software. If any provision of this Agreement is held to be unenforceable, that provision will be removed and the remaining provisions will remain in full force. This Agreement is the complete and exclusive statement of the agreement between us which supersedes any proposal or prior agreement, oral or written, and any other communications between us in relation to the subject matter of this Agreement. (c)Copyright 2005 Licensor. All rights reserved. Protected by copyright and licenses restricting use, copying, distribution and decompilation. Licensor and Licensor are trademarks of Licensor in Germany and other countries. For questions concerning this Agreement, please contact SecurStar GmbH at office@securstar.com SOFTWARE DEVELOPMENT AGREEMENT