Welcome to CYBER PATROL * Internet filtering for the home *
(c) 2001 SurfControl, Inc. All rights reserved. Cyber Patrol, ChatGard, and "To Surf and Protect" are registered trademarks and CyberNOT, CyberYES, HotNOT, CyberLIST, Cyber Central and the Cyber Patrol logo are trademarks of SurfControl, Inc.
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CYBER PATROL LICENSE AGREEMENT
PLEASE READ THIS CAREFULLY BEFORE YOU INSTALL THE SOFTWARE.
YOUR RIGHT TO USE CYBER PATROL (THIS "SOFTWARE") IS SUBJECT TO THE TERMS AND CONDITIONS SET OUT IN THIS LICENSE AGREEMENT ("LICENSE"). BY INSTALLING THE SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS LICENSE. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE, PROMPTLY UNINSTALL THE SOFTWARE.
This is a legal agreement between you and the Cyber Patrol division of SurfControl plc (registered in England no. 1566321) Riverside, Mountbatten Way, Congleton, Cheshire, England, CW12 1DY ("Cyber Patrol").
1. GRANT OF LICENSE. This License permits you to use one copy of Cyber Patrol software (the "Software"), which may include electronic documentation, on a single computer/workstation. The right to use the Software is non-transferable and non-exclusive. The Software is "in use" on a computer when it is loaded into the temporary memory (e.g., RAM or cache) or installed into permanent memory (e.g., hard disk, CD-ROM drive, or other storage device) of that computer. You may not use the Software on or over a network or any other transfer device.
2. OWNERSHIP AND RESTRICTIONS. An express condition of this License is that Cyber Patrol and its licensors retain all worldwide ownership of and rights, title and interest in and to the Software, and all copies and portions thereof, including without limitation, all copyrights, moral rights, trademark rights, trade secret rights and other proprietary rights therein and thereto, regardless of the form or media in or on which the Software or copies may exist. You may make one (1) copy of the Software solely for backup purposes. You must reproduce and include the copyright notice on the backup copy. Cyber Patrol reserves all rights not expressly granted to you. This Software is licensed only to you and may not be transferred to anyone without the prior written consent of Cyber Patrol. Any authorized transferee of the Software shall agree in writing to be bound by the terms and conditions of this License. In no event may you loan, rent, time-share, sublicense, assign, transfer lease, sell or otherwise dispose of the Software on a temporary or permanent basis except as expressly provided herein. This License shall benefit Cyber Patrol and its successors and assigns. You may not modify, adapt, translate, reverse engineer, decompile, disassemble or create derivative works from the Software.
3. LIMITED WARRANTY. Cyber Patrol warrants that on the date you acquire the Software, the Software, when used properly, will provide the functions and facilities described in the Software and in any written guide to the Software issued by Cyber Patrol. Except for the limited warranty stated in the prior sentence, the Software, including instructions for use, are provided "AS IS" without additional warranty of any kind. Further, Cyber Patrol does not warrant, guarantee or make any representations regarding the use, or the results of use of the Software, URL Category Lists (including CyberLISTs or other lists that may be contained in the Software) or written materials in terms of correctness, accuracy, completeness, reliability, currentness or otherwise. CYBER PATROL DOES NOT WARRANT THAT THE SOFTWARE OR URL CATEGORY LISTS WILL PREVENT ACCESS TO OFFENSIVE OR OBSCENE MATERIAL AND YOU ACKNOWLEDGE THAT IT IS YOUR SOLE RESPONSIBILITY TO MAINTAIN SUCH WORKPLACE POLICIES AND PROCEDURES TO ENSURE AN ENVIRONMENT FREE OF HOSTILITY AND SEXUAL HARRASSMENT. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE AND URL CATEGORY LISTS. CYBER PATROL MAKES NO OTHER WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY OF CYBER PATROL'S SITE ON THE WORLDWIDE WEB, OR THE IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. No oral or written information or advice given by Cyber Patrol, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty and you may not rely on any such information or advice. This warranty is void if failure of the Software has resulted from accident, abuse or misrepresentation.
4. REMEDIES. Cyber Patrol's entire liability and the your exclusive remedy for any breach of the warranty stated in Section 3 shall be, at Cyber Patrol's option either to repair or replace the Software or media which does not conform with the warranty or refund the price for the Software and terminate the License. This remedy is subject to your full compliance with the terms and conditions of this License. You must notify Cyber Patrol within thirty (30) days of downloading the Software of any defect in order to receive the remedies stated above. THESE REMEDIES ARE YOUR SOLE AND EXCLUSIVE REMEDIES FOR BREACH OF THE LIMITED WARRANTY.
5. LIMITATION OF LIABILITIES. IN NO EVENT WILL CYBER PATROL OR ITS AFFILIATES, SUPPLIERS, AND LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, COVER, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, URL CATEGORY LISTS, USER DOCUMENTATION, OR RELATED TECHNICAL SUPPORT, INCLUDING, WITHOUT LIMITATION, DAMAGES OR COSTS RELATING TO THE LOSS OF PROFITS, BUSINESS, GOODWILL, DATA, OR COMPUTER PROGRAMS, OR ANY DAMAGES RELATED TO ACCESS OR EXPOSURE TO OFFENSIVE OR OBSCENE MATERIAL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE LIABILITY OF CYBER PATROL AND ITS AFFILIATES, SUPPLIERS, AND LICENSORS EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
The foregoing limitation of liability does not exclude or limit liability for death or personal injury resulting from any act or negligence of Cyber Patrol. You acknowledge that the allocation of risk in this License reflects the price paid for the Software and also the fact that it is not within Cyber Patrol's control how or for what purposes the Software is used. No statement contained herein shall affect the statutory rights of consumers.
6. U.S. GOVERNMENT RESTRICTED RIGHTS. If the Licensee is an agency of the U.S. Government, then the Software and related documentation provided shall be "commercial computer software" and "commercial computer software documentation," respectively, as such terms are used in 48 C.F.R. 12.212 of the Federal Acquisition Regulations ("FAR") and its successors and 48 C.F.R. 227.7202 of the Department of Defense FAR Supplement ("DFARS") and its successors. In accordance with FAR 12.212 or DFARS 227.7202, as applicable, the Software and related documentation are provided to all U.S. Government end users with only those rights set forth in this License.
7. TERMINATION. This License is effective until terminated. This License will terminate automatically without notice from Cyber Patrol if you fail to comply with any provision of this License or if you become bankrupt, go into liquidation, suffer or make any winding up petition, make an arrangement with your creditors, have an administrator, or receiver appointed or suffer or file any similar action in consequence of debt. Upon termination you shall destroy all copies of the Software, including modified copies, if any. Upon termination there will be no refund of any monies or other consideration paid by you.
MISCELLANEOUS. You acknowledge that you have read this License, understand it and agree to be bound by its terms and conditions. You also agree that the License is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior oral or written agreements and any other communications between the parties relating to the subject matter of the License. This License shall be governed and construed in accordance with the laws of the State of California without regard to any conflicts of law principles. No waiver of any right under this License shall be deemed effective unless contained in writing and signed by a duly authorized representative of Cyber Patrol, and no waiver of any past or present right arising from any breach or failure to perform shall be deemed to be a waiver of any future right arising under this License. If any provision in this License is invalid or unenforceable, that provision shall be construed, limited, modified or, if necessary, severed, to the extent necessary, to eliminate its invalidity or unenforceability, and the other provisions of this License shall remain in full force and effect. You hereby agree not to knowingly, directly or indirectly, violate any local, state or federal law or regulation of the country or countries in which you use the Software, or the export laws of any country which may regulate the import or export of the Software. Except for the obligation to pay fees, a party's performance under this License is excused if that party is unable to perform under this License due to an event beyond its reasonable control, including without limitation, natural disasters, labor unrest, governmental restrictions, and the like. You shall be responsible for payment of all taxes and duties applicable to this License. No modification of this License shall be binding unless it is in writing and signed by authorized representatives of both parties. Should you have any questions concerning this License, please contact Cyber Patrol in writing.
