Terms and Conditions
PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALLATION:
The software product, which may include dotAlert and/or dotDefender, and all the associated software components, media, printed materials, and electronic documentation, will be referred to as “Software Product.” A copy of any electronic documentation will be located at www.dotAlert.com and may change from time to time. If Licensee does not agree to the terms of this Agreement, do not install or use the Software Product.
The Software Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software Product is licensed, not sold. This Agreement is governed by the laws of the state of Delaware without regard to Delaware’s conflict or choice of law provisions. If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect.
1. GRANT OF LICENSE AND RESTRICTIONS.
(a) The Software Product is licensed as follows: Subject to the terms and conditions of this Agreement, including the payment of the applicable subscription fees, Licensor grants Licensee a limited, non-exclusive, non-transferable license, during the initial term of the subscription and any Renewal Term, to electronically access and use the Software for which the applicable fee has been paid by Licensee.
(b) This Agreement does not permit the installation or use of multiple copies of the Software Product, or the installation of the Software Product on more than one computer at any given time, on a system that allows shared use of application, on a multi-user network, or on any configuration or system of computers that allows multiple users. Multiple-copy use or installation is only allowed if Licensee obtains an appropriate licensing agreement for each user and each copy of the Software Product.
(c) Licensee is not licensed or permitted under this Agreement to do any of the following and shall not allow any third party to do any of the following:
(i) access or attempt to access any other Developer systems, programs or data that are not made available for public use;
(ii) copy, reproduce, republish, upload, post, transmit, resell or distribute in any way the material from the Licensor site;
(iii) permit any third party to benefit from the use or functionality of the Software via a rental, lease, timesharing, service bureau, or other arrangement;
iv) transfer any of the rights granted to Licensee under this Agreement;
(v) work around any technical limitations in the Software, use any tool to enable features or functionalities that are otherwise disabled in the Software, or decompile, disassemble, or otherwise reverse engineer the Software except as otherwise permitted by applicable law;
(vi) perform or attempt to perform any actions that would interfere with the proper working of the Software, prevent access to or the use of the Software by Licensor’s other licensees or customers, or impose an unreasonable or disproportionately large load on Developer’s infrastructure; or
(vii) otherwise use the Software except as expressly allowed under this Section 1.
The Software Product is licensed on a monthly subscription basis. The Software will be deemed accepted by Licensee upon acceptance of this Agreement for trial versions (if applicable) of the Software and upon acceptance of this Agreement and payment of the subscription fee for paid for versions of the Software. Access to the Software will begin (i) for trial versions: after Licensee acceptance of this Agreement and after Licensor receives and processes all the information requested in the registration process; and (ii) for paid versions: after Licensee acceptance of this Agreement and after Licensor receives and processes all the information, including the credit card or bank account information requested by the registration process. Licensee must have a valid credit card or a valid debit card or sufficient funds in a U.S. checking or savings account to cover an electronic debit of the subscription fee to obtain access to the Software. The payment information Licensee provides must be accurate and complete, and Licensee agrees to notify Licensor promptly of any change in the payment information. When Licensee subscribes and provides payment information, the Licensee’s chosen method of payment or account will be debited, and will be automatically re-debited at the beginning of each applicable monthly subscription term (“Renewal Term”) at the then-current subscription rate to maintain access to the Software. Pricing will be subject to Exhibit A.
Licensee must register to use the Software and (i) provide true, accurate, current and complete information as prompted in the sign-up process (the "Registration Data"), and (ii) maintain and promptly update the Registration Data to keep it accurate, current and complete. If Licensee provides any Registration Data that is inaccurate, not current or incomplete, or Licensor has reasonable grounds to suspect the Registration Data is inaccurate, not current or incomplete, Licensor may, in its sole discretion, suspend or terminate the Licensee account and refuse any and all current or future access to and use of the Software Product and any related services (or any portion thereof).
All title, including but not limited to, copyrights, in and to the Software Product, and any copies thereof are owned by Licensor or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the Software Product is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This Agreement grants Licensee no rights to use such content. All rights not expressly granted are reserved by Licensor.
5. NO WARRANTIES
Licensor expressly disclaims any warranty for the Software Product. The Software Product is provided 'As Is' without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. Licensor does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the Software Product. Licensor makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. Licensor further expressly disclaims any warranty or representation to Licensee or to any third party.
6. LIMITATION OF LIABILITY.
In no event shall Licensor, its Directors, Officers, employees or agents be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) arising from Licensee’s use of or inability to use the Software Product, even if Licensor has been advised of the possibility of such damages. In no event will Licensor, its Directors, Officers, employees or agents be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. Licensor, its Directors, Officers, employees or agents shall have no liability with respect to the content of the Software Product or any part thereof, including but not limited to, errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.
7. TERMINATION OF THIS LICENSE.
This Agreement becomes effective on the date Licensee accepts this Agreement and will continue until terminated as provided for in this Agreement. If Licensee is using the Software Product under the control of a time-limited license, for example an Evaluation License, this Agreement terminates without notice on the last day of the time period, which is controlled by the license key code for the Materials. This License Agreement and Licensee’s rights under it will also terminate immediately if: (i) Licensee fails to pay the any fees in accordance with the agreed payment terms; or (ii) Licensee fails to comply with any of the terms and conditions of this Agreement; or (iii) other than for Software Products licensed on a perpetual basis, if Licensee takes or suffers any action on account of debt or becomes insolvent
LICENSEE EXPRESSLY ACKNOWLEDGES THAT LICENSEE HAS READ THIS AGREEMENT AND UNDERSTANDS THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY SIGNING BELOW, LICENSEE EXPRESSLY CONSENTS TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANTS TO LICENSOR THE RIGHTS SET FORTH HEREIN.