ACLSweep for Windows Vista/2008/Win 7 1.0.4

EULA - End User License Agreement

VZ Systems ACLSweep
End User License Agreement
End User License Agreement for VZ Systems Corporation ACLSweep Software Product
IMPORTANT: CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT ("EULA").
For the purpose of this agreement, "YOU" means the person or company who is being licensed to use the SOFTWARE PRODUCT which includes: Computer Software, associated license key ("LICENSE KEY"), media, printed materials and "online" or electronic documentation. "We," "us" and "our" means VZ Systems Corporation.
YOU ACCEPT AND AGREE TO BE BOUND BY THIS EULA BY CLICKING THE BUTTON LABELED "I ACCEPT" THAT IS DISPLAYED DURING INSTALLATION. IF YOU DO NOT AGREE TO THIS EULA, CLICK THE BUTTON LABELED "CANCEL" AND YOUR CURRENT ORDER AND/OR INSTALLATION WILL BE CANCELED, THE SOFTWARE PRODUCT WILL NOT BE INSTALLED, AND IN THE CASE OF FEE-BASED INSTALLATIONS, YOU WILL NOT BE CHARGED.
These license terms are an agreement between VZ Systems Corporation and you. They apply to the SOFTWARE PRODUCT named above and to any
updates,
supplements,
internet-based services, and
support services
for this SOFTWARE PRODUCT, unless other terms accompany those items. If so, those terms apply.
BY INSTALLING, COPYING, ACCESSING OR OTHERWISE USING THE SOFTWARE PRODUCT, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE PRODUCT.
SOFTWARE LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international treaties. The SOFTWARE PRODUCT is licensed, not sold. We remain the owner of all rights, title and interest in the SOFTWARE PRODUCT.
If you agree with these license terms, you have the rights below.
1. GRANT OF LICENSE. We hereby grant you a nonexclusive and nontransferable license to use one copy of the SOFTWARE PRODUCT on a single computer. The SOFTWARE PRODUCT is "in use" on a computer when it is loaded into temporary memory (RAM) or executing on the CPU of a computerfor example, a hard disk, CD-ROM or other storage device.
a. Evaluation SOFTWARE PRODUCT. The SOFTWARE PRODUCT may have been provided to you by VZ Systems in exchange for your participation in the evaluation of this product ("Evaluation SOFTWARE PRODUCT".) You may install the Evaluation SOFTWARE PRODUCT for the sole purpose of evaluating whether you wish to purchase the SOFTWARE PRODUCT. Use of the Evaluation SOFTWARE PRODUCT is limited by the authorized Evaluation LICENSE KEY which may be obtained from VZ Systems and may limit the number of clients that may connect to and use the server product.
b. Registered SOFTWARE PRODUCT. Upon the purchase of the license for the SOFTWARE PRODUCT, VZ Systems will provide you with a LICENSE KEY ("Registered LICENSE KEY") for use with the SOFTWARE PRODUCT ("Registered SOFTWARE PRODUCT"). Use of the Registered SOFTWARE PRODUCT is limited by the authorized Registered LICENSE KEY and may limit the number of clients that may connect to and use the server product.
Use of the ACLSweep Evaluation SOFTWARE PRODUCT or Registered SOFTWARE PRODUCT is bound by this agreement. If VZ Systems has provided you with an Evaluation LICENSE KEY, then the Evaluation SOFTWARE PRODUCT terms contained in section 1.a and all other terms of this AGREEMENT except 1.b apply. If VZ Systems has provided you with a Registered LICENSE KEY, then Registered SOFTWARE PRODUCT terms contained in 1.b and all other terms of this AGREEMENT except 1.a apply.
2. ADDITIONAL TERMS AND LIMITATIONS.
a. Notice to Users. You shall inform all users of the SOFTWARE PRODUCT of the terms and conditions of this End User License Agreement ("EULA").
b. Installation and Use Rights. You may install and use the Software Product as sited in the License Grant above.
c. Publication. You may not publish the SOFTWARE PRODUCT for others to copy nor shall you use the SOFTWARE PRODUCT for commercial hosting services.
d. Resale. You may not resell, assign or otherwise transfer the SOFTWARE PRODUCT.
e. Rental. You may not rent, lease, sublease or lend the SOFTWARE PRODUCT.
f. Internet-based Services. VZ Systems Corporation provides Internet-based services with the software. It may change or cancel such services at any time and for any reason in its sole discretion.
g. Backup Copy. You may make one backup copy of the software, provided that you include all the copyright and similar rights notices. You may use it only to reinstall the software.
h. Documentation. You may make copies of the online and printed documentation for your internal, reference purposes including proper implementation and administration of the SOFTWARE PRODUCT.
i. Reverse Engineer, Decompile, or Disassemble. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT. You may not modify, adapt or merge any part of the SOFTWARE PRODUCT into another program or work around any technical limitations of the SOFTWARE PRODUCT.
j. LICENSE KEY Date and Time. VZ Systems may provide you with a time based LICENSE KEY. You may use the SOFTWARE PRODUCT to the extent of the time based LICENSE KEY. You may not circumvent the date limitation to use the SOFTWARE PRODUCT beyond the expiration date. Any attempt to do so is in violation of this SOFTWARE PRODUCT EULA and constitutes copyright infringement.
k. 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.
l. Use on more than one computer: You may use the SOFTWARE PRODUCT on a single computer. You may not circumvent this restriction. Any attempt to install, installation, or any other use, of this SOFTWARE PRODUCT, whether concurrently or subsequently, on a second or subsequent computer, is in violation of this SOFTWARE PRODUCT EULA and constitutes copyright infringement.
3. Support Services. Upon purchase of a Registered SOFTWARE PRODUCT, VZ SYSTEMS may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Use of Support Services is governed by the VZ SYSTEMS policies, procedures, and programs described in documentation provided on VZ SYSTEMS corporate website and/or approved VZ SYSTEMS provided materials. Any supplemental Software Code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUT and subject to the terms and conditions of this EULA. With respect to technical information you provided to VZ SYSTEMS as part of the Support Services, VZ SYSTEMS may use such information for its business purposes, including for product support and development. VZ SYSTEMS will not utilize such technical information in a form that personally identifies you without your permission.
4. Copyright. The SOFTWARE PRODUCT is licensed, not sold. Title and copyrights in and to the SOFTWARE PRODUCT accompanying printed materials, and any copies you are permitted to make herein are owned by VZ SYSTEMS. You must treat the SOFTWARE PRODUCT like other copyrighted material and not copy, modify or alter the SOFTWARE PRODUCT.
5. Data. You acknowledge that data conversion is subject to the possibility of human and machine errors, omissions, delays and losses, including unintentional loss of data. VZ Systems is not liable for any such errors, omissions, delays, or losses. You are responsible for implementing procedures to mitigate the risk of such occurrences.
6. Use by Competitors. VZ SYSTEMS provides this SOFTWARE PRODUCT in evaluation form to a market of potential customers. This market does not include those individuals, companies, or entities competing in, or contemplating competing in, the area of the information technology market served by this SOFTWARE PRODUCT. Any use by such is strictly prohibited unless authorized in advance by a written waiver signed by an officer of VZ SYSTEMS. If there is any question, such individuals, companies, and entities are advised to contact VZ SYSTEMS to determine their status prior to installation and must receive a written waiver signed by an officer of VZ SYSTEMS.
7. Confidentiality. This SOFTWARE PRODUCT contains trade secrets and proprietary know-how that belong to VZ Systems and it is being made to you in strict confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE PRODUCT, OR OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENCE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET RIGHTS.
8. Applicable Law. The Laws of the State of Minnesota govern the interpretation of this agreement and apply to claims for breach of this agreement.
9. Arbitration. Any controversy or claim arising under or related to this Agreement or to the work performed by VZ Systems or its employees, shall be settled and finally determined by binding arbitration as provided by the Federal arbitration Act and similar Minnesota state statutes and not by a court of law. Unless otherwise provided by law, the cost of initiating an arbitration proceeding shall be born equally by VZ Systems and you.
10. Venue. Any action or proceeding brought to enforce this agreement shall be brought in the Courts of the State of Minnesota in District Court of Hennepin County Minnesota.
11. Legal Effect. This agreement describes certain legal rights. You may have other rights under the laws of your 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 country if the laws of your country do not permit it to do so.
12. Severability. If any term of this agreement is determined to be unenforceable or invalid action of Law said term and all other terms shall remain in force to the extent permitted by applicable law.
13. Forbearance. Failure of VZ Systems to enforce any term of this agreement shall not be construed as a waiver or limitation of Our right to subsequently enforce and compel strict compliance with every provision of this agreement.
14. Force Majeure. VZ Systems Shall not be liable for any delay, loss, or damage caused by warfare, riots, strikes, boycotts, criminal acts, or acts of omission by others, fire, water damage, natural calamity, or causes beyond the control of VZ Systems.
15. Indemnification: You shall indemnify, defend, and hold us harmless from any loss, liability, costs, or expense for bodily injury, death, property damage and any other losses whatever caused solely or in part by the negligence, misconduct, other fault of yours, your agents or your employees.
16. Entire Agreement. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the SOFTWARE PRODUCT and support services.
17. Termination. Your license may be terminated by us if (a) you fail to make payment and/or (b) you fail to comply with the terms of this Agreement. In the event of termination, you must cease using the Software, destroy all copies of the Software (including backup copies and copies in storage media) and certify such destruction to us. This requirement applies to all copies in any form, partial or complete. Upon the effective date of any termination, you relinquish all rights granted under this Agreement.
18. Taxes. All fees do not include taxes. If We are required to pay any sales, use, GST, VAT, or other taxes in connection with your order, other than taxes based on Our income, such taxes will be billed to and paid by You.
19. Verification/Audits. On Our reasonable request, You will furnish Us with a signed statement confirming whether the SOFTWARE PRODUCT is being used by You in accordance with this Agreement. Further during the term of this Agreement and for one (1) year thereafter, We may, upon five (5) business days advance written notice to You, audit You for the purpose of verifying Your compliance with this Agreement. You understand and agree that the audit may take place in person or We may use technological means to perform such audit. You agree to provide Us with all reasonable assistance required hereunder.
DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED "AS-IS." YOU BEAR THE RISK OF USING IT. VZ SYSTEMS CORPORATION GIVES NO EXPRESS WARRANTIES, GUARANTESS OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, VZ SYSTEMS CORPORATION EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT.
LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FROM VZ SYSTEMS CORPORATION AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO THE ORIGINAL PURCHASE PRICE OF THE SOFTWARE. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST SAVINGS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to
Anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
Claims for breach of contract, breach of warranty, guarantee or conditions, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if VZ Systems Corporation knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.