ProActive Secure Systems Audit Copyright © 2003 - 2007, James O'Donnell. All rights reserved.
This software is provided 'as is' without warranty of any kind, expressed or implied, including, but not limited to warranties of correctness, fitness for a particular purpose, merchantability and/or noninfringement. In no event shall the authors, copyright holders or distributers be liable for any claim, damages or other liability, whether in an action of contract, tort or otherwise, arising from, out of or in connection with the software, use of the software or any other dealings in the software.
IMPORTANT-READ CAREFULLY: This ProActive Secure Systems End-User License Agreement ("EULA") is a legal agreement between you (either an individual or an entity) and ProActive Secure Systems for the ProActive Secure Systems' Security Audit, which includes computer software and may include associated media, and "online" or electronic documentation ("SOFTWARE PRODUCT"). 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 are not authorized to install, copy or otherwise use the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is protected by United States 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.
This EULA grants you the following rights:
- Software Product.
You may install and use one copy of the SOFTWARE PRODUCT, or any prior version for the same operating system, on a single computer. The primary user of the computer on which the SOFTWARE PRODUCT is installed may make a second copy for his or her exclusive use only for backup purposes.
- Storage/Network Use.
You may also store or install a copy of the SOFTWARE PRODUCT on a storage device, such as a network server, used only to install or run the SOFTWARE PRODUCT on your other computers over an internal network; however, you must acquire and dedicate a license for each separate computer on which the SOFTWARE PRODUCT is installed or run from the storage device. A license for the SOFTWARE PRODUCT may not be shared or used concurrently on different computers.
- License Pak.
If you have acquired this EULA in a ProActive Secure Systems License Pak, you may make the number of additional copies of the computer software portion of the SOFTWARE PRODUCT authorized on the printed copy of this EULA, and you may use each copy in the manner specified above. You are also entitled to make a corresponding number of secondary copies for backup purposes use as specified above.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
- Not For Resale Software.
The SOFTWARE PRODUCT is "Not For Resale", so, notwithstanding other sections of this EULA, you may not resell, or otherwise transfer for value, the SOFTWARE PRODUCT.
- Limitations on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
- Separation of Components.
The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer.
- Rental.
You may not rent, lease or lend the SOFTWARE PRODUCT.
- Support Services.
ProActive Secure Systems may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Use of Support Services is governed by the ProActive Secure Systems polices and programs described in the user manual, in "on line" documentation and/or other ProActive Secure Systems provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information you provide to ProActive Secure Systems as part of the Support Services, ProActive Secure Systems may use such information for its business purposes, including for product support and development. ProActive Secure Systems will not utilize such technical information in a form that personally identifies you.
- Software Transfer.
You may permanently transfer all of your rights under this EULA, provided you retain no copies, you transfer all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Product Activation Key), and the recipient agrees to the terms of this EULA.
- Termination.
Without prejudice to any other rights, ProActive Secure Systems 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), and any copies of the SOFTWARE PRODUCT are owned by ProActive Secure Systems 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 except that you may install the SOFTWARE PRODUCT on a single computer provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the SOFTWARE PRODUCT.
DISCLAIMER OF WARRANTY
NO WARRANTIES OR CONDITIONS.
ProActive Secure Systems expressly disclaims any warranty or condition for the SOFTWARE PRODUCT. THE SOFTWARE PRODUCT AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU.
LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PROACTIVE SECURE SYSTEMS OR ITS AGENTS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF PROACTIVE SECURE SYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, PROACTIVE SECURE SYSTEMS' ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT; PROVIDED HOWEVER, IF YOU HAVE ENTERED INTO A PROACTIVE SECURE SYSTEMS' SUPPORT SERVICES AGREEMENT, PROACTIVE SECURE SYSTEMS' ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
MISCELLANEOUS.
Should you have any questions concerning this EULA, or if you desire to contact ProActive Secure Systems for any reason, please contact the ProActive Secure Systems agent serving your country. Regional agents can be found on our web site ProActiveSecure.com contact us page.