GuardianEdge

Device Control Auditor Download

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License Agreement: End User License Agreement GUARDIANEDGE TECHNOLOGIES INC. ("GUARDIANEDGE") END USER LICENSE AGREEMENT (GuardianEdge Device Control) THIS IS A LICENSE AGREEMENT BETWEEN YOU AS THE END USER AND GUARDIANEDGE AS THE LICENSOR. THE GUARDIANEDGE DEVICE CONTROL THAT ACCOMPANIES THIS AGREEMENT (THE "SOFTWARE") ARE LICENSED FOR USE ONLY PER THE TERMS SET FORTH HEREIN. BY USING THE SOFTWARE, YOU ARE AGREEING TO THE TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE THE SOFTWARE. TERM OF AGREEMENT. This Agreement shall start on the date of your order of the SOFTWARE. GRANT OF LICENSE. GUARDIANEDGE grants you a nonexclusive, non-transferable license to: (i) use the SOFTWARE, in executable form only, on as many computers or CPUs as you have purchased licenses for as indicated in your order to GUARDIANEDGE and as specified in the GUARDIANEDGE confirmation sent back to you; (ii) allow each of your employees, contractors or other personnel who use the SOFTWARE on their respective computer or CPU owned by you (i.e., their "work machines") to use the SOFTWARE on one (1) other computer or CPU owned by them, and (iii) make one copy of the SOFTWARE for backup and archival purposes which copy shall be subject to all terms, conditions, and obligations of this Agreement. You will be responsible for ensuring that your employees, contractors or other personnel who use the SOFTWARE do so in compliance with the terms of this Agreement. GUARDIANEDGE and its suppliers reserve all rights not otherwise expressly granted. RESTRICTIONS. You may not: (i) modify, translate, or merge the SOFTWARE with another program; (ii) reverse-engineer, disassemble, decompile, or make any attempt to discover the source code of the SOFTWARE; (iii) use the SOFTWARE or its components as a general purpose operating system or as a substitute for a fully functional version of any operating system product; or (iv) sublicense, rent, transfer, or lease any portion of the SOFTWARE. COPYRIGHT. All title, right and interest in the SOFTWARE and related trademarks, trade names, and other intellectual property rights are owned by GUARDIANEDGE and its suppliers. The SOFTWARE is protected by United States and international copyright laws and international trade provisions. You must treat the SOFTWARE like any other copyrighted material. SUPPORT. Support for the SOFTWARE shall be provided solely by GUARDIANEDGE. GOVERNMENT LICENSE. If you are acquiring the SOFTWARE on behalf of any unit or agency of the United States Government, the following provisions apply: The Government acknowledges GUARDIANEDGE'S representation that the SOFTWARE was developed at private expense and no part of it is in the public domain. The Government acknowledges GUARDIANEDGE'S representation that the SOFTWARE is "Restricted Computer Software" as that term is defined in Clause 52.227-19 of the Federal Acquisition Regulations (FAR) and is "Commercial Computer Software" as that term is defined in Subpart 227.471 of the Department of Defense Federal Acquisition Regulation Supplement (DFARS). The Government agrees that: (i) if the SOFTWARE is supplied to the Department of Defense (DoD), the SOFTWARE is classified as "Commercial Computer Software" and the Government is acquiring only "restricted rights" in the SOFTWARE as that term is defined in Clause 252.227-7013 (c) (1) of the DFARS; and, (ii) if the SOFTWARE is supplied to any unit or agency of the United States Government other than DoD, the Government's rights in the SOFTWARE will be as defined in Clause 52.227-19 (c) (2) of the FAR. Restricted Rights Legend. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013. GuardianEdge Technologies, Inc. 475 Brannan Street, Suite 400, San Francisco, CA 94107. LIMITED WARRANTY. GUARDIANEDGE warrants that (i) for a period of ninety (90) days commencing on your first use of the SOFTWARE, the SOFTWARE will perform substantially in accordance with the documentation; and (ii) any media disks enclosed with the SOFTWARE will be free from defects in materials and workmanship under normal use. In the event of a breach of either of these limited warranties, GUARDIANEDGE'S sole obligation will be for GUARDIANEDGE, at its discretion, to (i) repair the SOFTWARE or media disk; (ii) replace the SOFTWARE or media disk; or (iii) refund your purchase price. This limited warranty is void if the SOFTWARE fails due to accident, abuse, or misapplication. GUARDIANEDGE does not warrant that the SOFTWARE will meet your requirements, or that the operation of the SOFTWARE will be uninterrupted or error free, or that all SOFTWARE errors will be corrected. GUARDIANEDGE is not responsible for problems or non-conformities caused by the use of the SOFTWARE with non GUARDIANEDGE software or by changes in the operating methods of computer hardware or computer operating systems which are made after the release of the SOFTWARE. THE ABOVE WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GUARDIANEDGE, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, OR AGENTS SHALL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES. SOME STATES MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY OF THE SOFTWARE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. LIMITATION OF LIABILITY. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL GUARDIANEDGE BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR ANY DATA SUPPLIED THEREWITH, EVEN IF GUARDIANEDGE OR ANYONE ELSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR OF ANY CLAIM BY ANY OTHER PARTY. GUARDIANEDGE'S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE PRICE PAID FOR THE SOFTWARE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. EXPORT LAW ASSURANCES. You acknowledge and agree that the SOFTWARE is subject to restrictions and controls imposed by the United States Export Administration Act (the "Act") and the regulations thereunder. You agree and certify that neither the SOFTWARE nor any direct product thereof is being or will be acquired, shipped, transferred, or re-exported, directly or indirectly, into any country prohibited by the Act and the regulations thereunder or will be used for any purpose prohibited by the same. FOREIGN REGULATIONS. The SOFTWARE contains encryption technology, the use of which may be subject to the laws and regulations of foreign countries. GuardianEdge has not obtained or sought any license or authorization from, or made any notice or declaration application to, any administrative or other regulatory body in any foreign country with regard to the sale of the SOFTWARE in any foreign country or the use by Licensee, or any other licensee of the SOFTWARE, in any foreign country. GuardianEdge makes no representation or warranty that the use of the SOFTWARE will comply with the laws or regulations of any foreign country related to encryption technology, and GuardianEdge disclaims any and all liability incurred by Licensee as a result of its use of the SOFTWARE in any foreign country resulting from such laws or regulations. Licensee acknowledges and agrees that Licensee is solely responsible for complying with all laws and regulations of any foreign country related to the use of encryption technology and obtaining any legal advice with regard to such compliance. TERMINATION. This Agreement to use the SOFTWARE will terminate automatically if you violate any part of this Agreement. In the event of termination, you must remove all installed copies of the SOFTWARE and destroy all copies of the SOFTWARE. GENERAL. This Agreement is governed by the laws of the State of California, and you consent to the jurisdiction and venue of the courts of the State of California. Should any term or condition of this Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. FURTHER, YOU AGREE THAT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND GUARDIANEDGE WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND GUARDIANEDGE RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. If you have any questions regarding this Agreement, please write: GuardianEdge Technologies Inc., 475 Brannan Street, Suite 400, San Francisco, CA 94107, USA.
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Device Control Auditor Download