WEBROOT SOFTWARE, INC. (ôWEBROOTö) IS WILLING TO LICENSE THE ENCLOSED SOFTWARE (THE ôSOFTWAREö) ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS IN THIS SOFTWARE EVALUATION AGREEMENT (THIS ôAGREEMENTö). IF YOU ARE AN EMPLOYEE OR AGENT OF A COMPANY AND YOU ARE ENTERING INTO THIS AGREEMENT TO OBTAIN THE SOFTWARE FOR USE BY THE COMPANY FOR ITS OWN BUSINESS PURPOSES, YOU HEREBY AGREE THAT YOU ENTER INTO THIS AGREEMENT ON BEHALF OF THE COMPANY AND THAT YOU HAVE THE AUTHORITY TO BIND THE COMPANY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.
BY CLICKING ON THE ôACCEPTö BUTTON BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY IT. IF YOU DO NOT AGREE TO THE TERMS BELOW, WEBROOT IS UNWILLING TO LICENSE THE SOFTWARE TO YOU, AND YOU SHOULD CLICK ON THE ôDO NOT ACCEPTö BUTTON BELOW TO DISCONTINUE THE INSTALLATION PROCESS.
1. LICENSE. During the Evaluation Period (defined below) and subject to the terms and conditions of this Agreement, Webroot hereby grants You a limited, non-exclusive, personal license solely to test and evaluate the Software in order to assist You in Your decision to purchase a license for the commercial version of the Software. All use of the Software shall be in accordance with the documentation provided with the Software. The Software will cease to function at the end of the Evaluation Period.
2. RESTRICTIONS. You may not: (a) reproduce, modify, adapt, alter, translate, or create derivative works from the Software; (b) merge the Software with other software; (c) sublicense, lease, rent, loan, or otherwise transfer the Software to any third party; (d) use the Software in any service bureau or time-sharing arrangement; (e) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Software; or (f) otherwise use or copy the Software except as expressly allowed under Section 1.
3. OWNERSHIP. The Software and all worldwide intellectual property rights therein and related thereto, are the exclusive property of Webroot and its licensors. Except for the limited rights expressly granted under Section 1, You have no right, title, or interest (whether by implication, estoppel, or otherwise) in or to the Software or any intellectual property rights therein or related thereto.
4. TERM/TERMINATION. This Agreement becomes effective when You agree to this Agreement by using or accessing the Software (the ôEffective Dateö) and will continue for the number of days indicated in the Software or in the materials that accompany the Software (the ôEvaluation Periodö) unless terminated sooner as set forth below. This Agreement will terminate immediately if you breach any term or condition of this Agreement. In addition, either party may terminate this Agreement with or without cause upon notice to the other party. Upon termination or expiration of this Agreement, You agree to destroy the Software and all copies thereof.
5. POTENTIALLY UNWANTED SOFTWARE. The Software will search Your computer for "spyware," "adware" and other programs, files and content that Webroot identifies as fitting within a defined category (collectively, "Potentially Unwanted Software"). If the Software finds Potentially Unwanted Software, the Software will ask You if You want to retain or remove the program(s).
IF YOU DO NOT WANT TO REMOVE POTENTIALLY UNWANTED SOFTWARE FROM YOUR COMPUTER, DO NOT ACCEPT THIS LICENSE AND DO NOT INSTALL THE SOFTWARE.
You understand that You have the ultimate choice whether the Software will remove or disable Potentially Unwanted Software. Removing or disabling the Potentially Unwanted Software may cause other programs on Your computer to stop working, and it may cause You to breach a license to use other programs on Your computer, if the other programs installed the Potentially Unwanted Software on Your computer as a condition of Your use of the other programs. You should read the license agreements for other programs before authorizing the removal of any Potentially Unwanted Software. By using the Software, it is possible that You will also remove or disable programs that are not Potentially Unwanted Software. You are solely responsible for selecting which Potentially Unwanted Software the Software removes or disables. While Webroot uses reasonable efforts to properly identify Potentially Unwanted Software on Your computer and to regularly update its database of Potentially Unwanted Software, Webroot cannot guarantee that its database is complete or accurate. During the Evaluation Period, Webroot, at its discretion, may allow the Software to receive updates to WebrootÆs database of Potentially Unwanted Software (ôContent Updatesö). You must purchase a license to the commercial version of the Software, however, to receive Content Updates after the Evaluation Period expires.
6. NO SUPPORT. Webroot will have no obligation under this Agreement to correct any bugs, defects or errors in the Software or to otherwise support or maintain the Software or provide product updates or upgrades to the Software.
7. WARRANTY DISCLAIMER. THE SOFTWARE IS PROVIDED TO YOU ôAS ISö AND WEBROOT AND ITS LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO ANY SUBJECT MATTER OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY WEBROOT, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, OR AGENTS SHALL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES.
8. LIMITATION OF REMEDIES. REGARDLESS OF WHETHER ANY REMEDY SET FORTH IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL WEBROOT, ITS DISTRIBUTORS OR ITS SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, INTERRUPTION OF BUSINESS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF WEBROOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE. IN NO EVENT WILL THE TOTAL LIABILITY OF WEBROOT UNDER THIS AGREEMENT EXCEED TWENTY (US) DOLLARS.
9. GENERAL. This Agreement will be governed by the laws of the State of Colorado in the United States of America, without regard to or application of any conflicts of law rules or principles. The federal and state courts in Denver or Boulder County, Colorado will have exclusive jurisdiction over any disputes, claims or controversies arising out of or relating to this Agreement, and You hereby irrevocably waive any objection to the jurisdiction of such courts over any such dispute, claim or controversy. If any provision of this Agreement is unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. This Agreement is the complete and exclusive statement of the agreement between the parties which supersedes any proposal or prior agreement, oral or written, and any other communications between the parties in relation to the subject matter of this Agreement.
THE SOFTWARE IS PROTECTED BY UNITED STATES COPYRIGHT LAW AND INTERNATIONAL TREATY. ⌐ COPYRIGHT 2006, WEBROOT SOFTWARE, INC. ALL RIGHTS RESERVED.
