THIS IS A LEGAL AGREEMENT BETWEEN YOU AS THE END USER AND PC GUARDIAN. THIS IS A LICENSE AGREEMENT AND NOT A SALE AND THE ENCLOSED PC GUARDIAN SOFTWARE PROGRAM "the SOFTWARE" IS LICENSED FOR USE ONLY PER THE TERMS SET FORTH HEREIN. PLEASE READ THE LICENSE AGREEMENT. BY BREAKING THE DISKETTE PACKAGE SEAL, YOU ARE AGREEING TO THE TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS, RETURN THE UNOPENED DISKETTE PACKAGE AND THE ACCOMPANYING DOCUMENTATION WITH PROOF OF PURCHASE WITHIN 30 DAYS OF PURCHASE.
GRANT OF LICENSE. PC GUARDIAN grants you a nonexclusive, non-transferable license to: (i) use the SOFTWARE, in executable form only, on a single computer or CPU; and, (ii) make one copy the SOFTWARE for backup and archival purposes. The copy shall be subject to all terms, conditions and obligations of this Agreement.
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; or (iii) 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 PC GUARDIAN and 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.
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 PC GUARDIAN's representation that the SOFTWARE was developed at private expense and no part of it is in the public domain.
The Government acknowledges PC GUARDIAN'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. Micro Security Devices, Inc. DBA PC Guardian 1133 E. Francisco Blvd. San Rafael, CA 94901.
LIMITED WARRANTY. PC GUARDIAN warrants that for a period of 90 days from the date of original purchase: (i) the SOFTWARE will perform substantially in accordance with the Operator's Manual; and, (ii) the media disks enclosed with the SOFTWARE will be free from defects in materials and workmanship under normal use. This limited warranty is void if the SOFTWARE or media disk failed due to accident, abuse, or misapplication. Your sole and exclusive remedy and PC GUARDIAN's entire liability during this 90 day warranty period shall be, at PC GUARDIAN's option: (i) repair and replacement of SOFTWARE or Operator's Manuals that do not meet PC GUARDIAN's limited warranty; or, (ii) refund of the purchase price paid for the license. To make a claim under this limited warranty, you must return the SOFTWARE and Operator's Manual, postage pre-paid, within 10 days of expiration of the warranty period.
PC GUARDIAN 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. PC GUARDIAN is not responsible for problems or non-conformities caused the use of the SOFTWARE with non PC GUARDIAN 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 ADVISE GIVEN BY PC GUARDIAN, 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 PC GUARDIAN 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 FOR USE THE SOFTWARE OR ANY DATA SUPPLIED THEREWITH EVEN IF PC GUARDIAN OR ANYONE ELSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY ANY OTHER PARTY. PC GUARDIAN's CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OF DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THE LICENSE.
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 reexported, 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.
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 immediately remove all installed copies of the SOFTWARE and either destroy all copies of the SOFTWARE or return the copies to PC GUARDIAN.
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 B Y ITS TERMS AND CONDITIONS. FURTHER, YOU AGREE THAT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. If you have any questions regarding this Agreement, please write: PC GUARDIAN 1133 E. Francisco Blvd. San Rafael, CA 94901 USA.
