End-User License Agreement (EULA) for Phishing Sweeper
Phishing Sweeper SOFTWARE Company (PSSCO).
End User License Agreement  
Phishing Sweeper 

The Phishing Sweeper is protected by intellectual property laws and treaties. Phishing Sweeper is licensed, not sold.

PLEASE CAREFULLY REVIEW THE FOLLOWING TERMS AND CONDITIONS OF THIS SOFTWARE PRODUCT ("Phishing Sweeper") LICENSE (THE "LICENSE AGREEMENT"). THIS LICENSE IS A LEGALLY BINDING CONTRACT BETWEEN YOU (THE "LICENSEE") AND Phishing Sweeper SOFTWARE CO. (PSSCO).

1. INTRODUCTION: The following Software license terms and conditions apply to all of the Software Product (the "Software Product") that is delivered or downloaded under this license. If, after reviewing the terms and conditions which follow this paragraph, you do not wish to be bound by its provisions, do not download the Software Product or, if Phishing Sweeper has been delivered by CD ROM, destroy the CD ROM or return it to Phishing Sweeper SOFTWARE CO. (PSSCO). If Phishing Sweeper has already been downloaded then immediately delete Phishing Sweeper. Once Phishing Sweeper has been downloaded or accessed all of the provisions of this License Agreement apply, even if Phishing Sweeper is subsequently deleted or returned. Any use of Backdoor Gurad by the Licensee shall constitute unqualified acceptance of this Agreement.

2. EVALUATION VERSION LICENSE GRANT: If you have downloaded or otherwise received an evaluation version of Phishing Sweeper, you are authorized to use Phishing Sweeper on a royalty-free basis for evaluation purposes only during the initial evaluation period that will be free with limited functionality following its installation until registered.  If you are downloading a free trial version of the Software, you may use it on one or more computers for an unlimited period of time However, you are not entitled to receive technical support nor the    full functionality that comes with the software until a license fee has been paid. You have the option to register for full use of Phishing Sweeper at any time during the evaluation period, including the payment of the required license fee. Registration will authorize you to use an unlocking key which will convert Phishing Sweeper to full use, in accordance with the terms and conditions provided below. Your use of Phishing Sweeper for any purpose after the expiration of the initial evaluation period is not authorized. Upon expiration of the limited evaluation period, Phishing Sweeper may automatically disable itself.
2.1 License Fee
  Where a license fee is payable by you in respect of the Software, you are not entitled to use the Software until the license fee has been paid.  In the case of payment by credit card, payment will not be deemed paid until the credit card payment has been authorised by the billing provider.
3. GRANT OF LICENSE: This Section of the License Agreement describes your general rights to install and use Phishing Sweeper. The license rights described in this Section are subject to all other terms and conditions of this License Agreement. Any use, modification, reproduction, release, performance, display or disclosure of Phishing Sweeper shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the terms of this Agreement.

3.1. LICENSE: The Phishing Sweeper is provided on a non-exclusive, non-transferable basis, and may not be copied, modified, or enhanced without the advance written authorization of Phishing Sweeper SOFTWARE CO. (PSSCO). The Phishing Sweeper includes significant elements, including its organization, algorithms, and logic, which Phishing Sweeper SOFTWARE CO. (PSSCO) has maintained as confidential information, which constitute trade secrets of Phishing Sweeper SOFTWARE CO. (PSSCO), and which are protected by U.S. patent and/or copyright law and international treaty. Licensee agrees not to attempt to disassemble, reverse compile, or reverse engineer Phishing Sweeper. The Phishing Sweeper under this Agreement is the exclusive property of Phishing Sweeper SOFTWARE CO. (PSSCO). This License Agreement does not grant Licensee any ownership right or title to, or interest in Phishing Sweeper or any part thereof, and Phishing Sweeper SOFTWARE CO. (PSSCO) retains all such rights, title, and interest.
3.1.1 Licensee's Obligations
As the Licensee You hereby undertake the following obligations:
to not print, copy, reproduce, translate, adapt, vary, alter, change, reverse engineer, decompile or modify the Software by any means or in any other form other than to make one temporary copy of the Software for back-up and security purposes without the express consent of (BGSCo), except as expressly authorised by this agreement;
b) to supervise and control the use of the Software in accordance with the terms of this license
c) to ensure your employees, sub-contractors and other agents who have authorised access to the Software are made aware of the terms of this license;  (d) to not provide or otherwise make available the Software in any form to any person other than those referred to in paragraph (c) without the written consent of (BGSCo); and
e) to not give, lease, assign, license, sub-license, transfer, distribute, disclose, disseminate or publish the software in any form to any other person or attempt to do any of these acts;
f) to not alter, change, remove or obscure any notices or other indications (including copyright notices) as to ownership of the Software;
g) not to access or use the Software on more that one personal stand-alone computer, or otherwise allow the Software to be accessed or used by more than one user at any one time.
h) to not engage in any acts which infringe (BGSCo's) rights in the intellectual property rights in the Software;
i) You acknowledge that the License granted by Clause 1 does not make you the owner of the Software nor does it cause any transfer or assignment of any copyright or any other intellectual or industrial property rights subsisting in the Software to You
 j) You acknowledge that the Software will seek to block codes such as Spyware, Adware and Malware.  In some circumstances blocking of that code may result in you breaching a licence to use the host software which installed that code or certain host programs to cease operating.  You agree to consult the terms of any licence agreement for the host program before authorising the blocking of any Spyware or Adware associated with that program.

3.2. GENERAL LICENSE GRANT TO INSTALL AND USE THE SOFTWARE PRODUCT: You may install and use one copy of Phishing Sweeper on a single computer, device, workstation, terminal, or other digital electronic or analog device ("Device"). ANY NETWORK OR OTHER TYPE OF DISTRIBUTED USE OF THIS SOFTWARE PRODUCT, IS STRICTLY PROHIBITED EXCEPT AS ALLOWED IN 3.5 BELOW.

3.3. USE ON PORTABLE SYSTEMS: You may make a second copy of Phishing Sweeper and install it on a portable Device for the exclusive use of the person who is the primary user of the first copy of Phishing Sweeper.

3.4. ALTERNATIVE LICENSE GRANT FOR STORAGE/NETWORK USE: As an alternative to the rights granted in the previous section, you may install a copy of Phishing Sweeper on one storage Device, such as a network server, and allow individuals within your business or enterprise to access and use Phishing Sweeper from other Devices over a private network, provided that you acquire and dedicate one license for the storage Device upon which Phishing Sweeper is installed and additional licenses for each separate Device from which Phishing Sweeper is accessed and used. One license for Phishing Sweeper may not be used concurrently on different Devices.

3.5. RESERVATION OF RIGHTS: All rights not expressly granted under this License Agreement are reserved by Phishing Sweeper SOFTWARE CO. (PSSCO).

4. DISCLAIMER OF WARRANTY: THE SOFTWARE PRODUCT IS PROVIDED "AS IS" AND WITHOUT WARRANTY EXCEPT AS PROVIDED IN THE FOLLOWING PARAGRAPH. Phishing Sweeper SOFTWARE CO. (PSSCO) DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES OF NON-INFRINGEMENT AND PERFORMANCE.

5. LIMITED WARRANTY: Phishing Sweeper SOFTWARE CO. (PSSCO) warrants that Phishing Sweeper covered by this License Agreement will be free with limited functionality following its installation until registered .

6. LIMITATION OF LIABILITY: Phishing Sweeper SOFTWARE CO. (PSSCO) makes no representations or warranties that the operation of Phishing Sweeper will be uninterrupted or error free, or that it will produce the results desired by the Licensee. Phishing Sweeper SOFTWARE CO. (PSSCO) does not agree to provide modifications, enhancements, improvements or bug corrections, even if errors in Phishing Sweeper are reported to Phishing Sweeper SOFTWARE CO. (PSSCO). Phishing Sweeper SOFTWARE CO. (PSSCO) SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OR BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, ETC.) ARISING FROM LICENSEE'S USE, OR THE INABILITY OF LICENSEE TO USE, THE Phishing Sweeper, EVEN IF Phishing Sweeper SOFTWARE CO. (PSSCO) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. Phishing Sweeper SOFTWARE CO. (PSSCO) will not be held responsible or liable if the licensee looses files or applications even though Phishing Sweeper removes them from the licensee's computer. Such removals will always be performed with the knowledge of the user.

7. LICENSEE REMEDY: If Phishing Sweeper SOFTWARE CO. (PSSCO) is liable to Licensee for the breach of any of PSSCO's obligations under this License Agreement, Licensee's sole and exclusive remedy shall be, at PSSCO's option, to either receive a refund for the price Licensee paid for the use of PSSCO's Phishing Sweeper (less any taxes, shipping fees, etc.), or the repair or replacement of any defective Phishing Sweeper.

8. LIMITATION ON EXPORTS: Licensee agrees that Licensee will not export or re-export Phishing Sweeper outside of the United States to any individual, business, third party, or other entity, or to any country subject to United States export restrictions, including specifically Iran, Iraq, Syria ,Cuba, Libya, and North Korea. Any Licensee who receives Phishing Sweeper outside the United States agrees not to re-export Backdoor Gurad except as permitted by laws of the United States.

9. U.S. GOVERNMENT RIGHTS: If you are obtaining Phishing Sweeper on behalf of any part of the United States Government, Phishing Sweeper shall be deemed “commercial computer software" and "commercial computer software documentation," respectively, pursuant to DFAR Section 227.7202 and FAR 12.212, as applicable. 

10. LOSS OF MAIL LIMITS AND LIABILITY: Phishing Sweeper SOFTWARE CO. (PSSCO) and its suppliers do not guarantee to accuracy of the mail cleaning known as quarantining of any mail message. Phishing Sweeper SOFTWARE CO. (PSSCO) shall not be held liable or responsible for ANY inaccuracy of the quarantine process. This includes but is not limited to the loss of any wanted mail messages.

11. ACCESS TO OUTSIDE SERVER(S): The Phishing Sweeper uses a client-server model. The program being installed is known as the "client" application. At times, the client will contact an outside server and will upload and download information about the client. By installing this application you agree to allow Phishing Sweeper client Phishing Sweeper and the remote server to communicate with each other for the purpose of information exchange. In this model, the user has complete control on whether or not they would like to participate in the remote data exchange. Data exchange between the client and server take place in a few forms, all opt-outable by the user and defined below:

Software update check and download: The client checks daily (or based on when the licensee specifies to check for new  updates on the server to see if new updates are available. The client sends the current version number of the software that is currently running along with the registration key if the software is registered. The server returns whether or not a new  update is available. Based on the licensee's settings, new  software  update patch will be downloaded and installed.

The network never sends or records any information such as IP addresses or 'User Identifiers' when reports are submitted.

All information reported to the servers is secured and never shared even though no personal information is ever sent.

12. MISCELLANEOUS: Licensee may make one backup copy for archival purposes only of Phishing Sweeper, provided Licensee agrees not to grant access to such backup Phishing Sweeper to any other individual or business entity. Licensee agrees not to alter or delete any copyright notice which is included with Phishing Sweeper. Except as expressly stated herein, there are no other agreements, understandings between the parties, or obligations on the part of Phishing Sweeper SOFTWARE CO. (PSSCO) relative to Phishing Sweeper. The laws of the State of Illinois shall apply to the terms of this License Agreement.
13. Waiver
Failure or neglect by either party to enforce at any time any of the provisions of this license agreement shall not be construed or deemed to be a waiver of that party's rights under this license.

14. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND IT, AND THAT BY INSTALLING OR USING THE SOFTWARE PRODUCT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES. THIS AGREEMENT SUPERSEDES ALL PRIOR ORAL AGREEMENTS, PROPOSALS OR UNDERSTANDINGS, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SOFTWARE PRODUCT OR THIS AGREEMENT.

02/02/2005