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- SIGNAL 9 SOLUTIONS FIREWALL SOFTWARE LICENSE AGREEMENT
- _______________________________________________________________________
-
- PLEASE READ THIS LICENSE CAREFULLY BEFORE PROCEEDING TO DOWNLOAD OR
- INSTALL THE SOFTWARE. BY DOWNLOADING OR INSTALLING AND/OR USING THE
- SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS SOFTWARE
- LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE,
- YOU ARE NOT AUTHORIZED TO DOWNLOAD OR INSTALL THIS SOFTWARE. USER'S
- USE OF THIS SOFTWARE IS CONDITIONAL UPON COMPLIANCE BY USER WITH THE
- TERMS OF THIS LICENSE.
- _______________________________________________________________________
-
- This Signal 9 Solutions Canada Inc. Software License Agreement
- ("License") is an agreement between you (the individual or corporation
- who operates the Software) and Signal 9 Solutions Canada Inc. ("Signal
- 9"). This License applies to the Signal 9 software product (the
- "Software"), which includes the program (the "Program") and any
- applicable user materials (the "Related Documentation").
-
- 1. GRANT OF LICENSE. Upon payment for use of the Software, Signal
- 9 grants you a non-exclusive, non-transferable right to use the
- Software in machine executable form on a single designated central
- processing unit (CPU) at a single time, even if more than one kind of
- medium is contained in the package or if you are provided with an
- updated version on new medium. The License cannot be transferred to
- another CPU. You may make a single copy of the Program in any machine
- readable form for back-up purposes in support of the authorized use of
- the Program on the designated CPU.
-
- In the case of evaluation versions of the Software, Signal 9 grants you
- a non-exclusive, non-transferable license to use this Software for
- evaluation purposes for a period not to exceed thirty (30) days.
- Evaluation Software may contain code which will deactivate the Software
- after the evaluation period. If you wish to continue using this
- Software after the thirty-day evaluation period, you MUST purchase a
- license for the full production version of the Software. You may not
- attempt to use any means to extend the operation of the Software.
-
- 2. OTHER RESTRICTIONS. Except with the express written consent of
- Signal 9, you are specifically prohibited from: (a) copying, renting,
- leasing, selling or distributing the Software; (b) modifying,
- decompiling, disassembling, or otherwise reverse engineering the
- Program; and (c) transfering the Software or this License to any other
- third party. Any unauthorized use shall result in immediate and
- automatic termination of this license (without any notice from Signal
- 9). All rights not expressly granted herein are reserved to Signal 9.
- The License granted by Signal 9 in Section 1 above is not assignable,
- saleable, or franchisable by you to any third party. Rights to
- distribute the Software may be negotiated independently with Signal 9
- Solutions Inc.
-
- 3. COPYRIGHT. Title and ownership of the Software and all
- associated intellectual property rights, including but not limited to
- any trademark, trade secrets, copyright or similar rights in the
- Software are and shall remain the exclusive property of Signal 9 and/or
- other licensors. The Software is protected by copyright law and by
- applicable international treaty provisions. Except for back-up
- purposes as specified in Section 1 above, you are not permitted to copy
- the Software. You agree that any copies of the Software will contain
- the same proprietary notices which appear in and on the Software. You
- may not copy any printed materials accompanying the Software, nor print
- copies of any user documentation provided in "online" or electronic
- form.
-
- 4. TERM. This License is effective for the duration of the useful
- life of the Software or until terminated. This License shall terminate
- automatically (without notice from Signal 9) should you fail to comply
- with any of the terms or conditions of this License. Upon termination
- of the License for any reason, all copies of the Software must be
- destroyed.
-
- 5. WARRANTY. THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS WITHOUT
- WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT
- LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR
- FITNESS FOR A PARTICULAR PURPOSE. YOU ARE RESPONSIBLE FOR THE ENTIRE
- RISK WITH RESPECT TO THE QUALITY AND PERFORMANCE OF THE PROGRAM. Signal
- 9 DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PROGRAM WILL
- MEET YOUR REQUIREMENTS OR THAT THE OPERATIONS OF THE PROGRAM WILL BE
- UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS IN THE SIGNAL 9 PROGRAM
- WILL BE CORRECTED. FURTHERMORE, SIGNAL 9 DOES NOT WARRANT OR MAKE ANY
- REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE
- SOFTWARE, INCLUDING BUT NOT LIMITED TO THEIR CORRECTNESS, ACCURACY,
- RELIABILITY, EFFECTIVENESS OR OTHERWISE. NO ORAL OR WRITTEN
- INFORMATION OR ADVICE GIVEN BY SIGNAL 9 OR ANY SIGNAL 9 AUTHORIZED
- REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE
- OF THIS WARRANTY. SHOULD THE SIGNAL 9 SOFTWARE PROVE DEFECTIVE, YOU
- (AND NOT SIGNAL 9 OR A SIGNAL 9 AUTHORIZED REPRESENTATIVE) ASSUME THE
- ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME
- JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE
- ABOVE EXCLUSION MAY NOT APPLY IN ITS ENTIRETY TO YOU. YOU ACKNOWLEDGE
- THAT THE SOFTWARE IS BEING LICENSED BY SIGNAL 9 FOR COMMERCIAL
- APPLICATIONS AND IS NOT INTENDED FOR LICENSE TO CONSUMERS.
-
- 6. LIMITATION OF LIABILITY. IN NO EVENT WILL SIGNAL 9 BE LIABLE
- FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
- LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS DATA,
- OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES)
- ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM, EVEN WHERE
- SIGNAL 9 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME
- JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
- INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
- EXCLUSION OF LIABILITY MAY NOT FULLY APPLY TO YOU. IN NO EVENT SHALL
- THE LIABILITY OF SIGNAL 9, OR ITS EMPLOYEES, REPRESENTATIVES OR
- DISTRIBUTORS, FOR ANY CLAIM ARISING FROM THE USE OF THE SOFTWARE OR
- THIS AGREEMENT EXCEED THE AMOUNT OF FEES RECEIVED BY SIGNAL 9, IF ANY,
- IN RESPECT OF YOUR USE OF THE SOFTWARE.
-
- 7. U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication, or
- disclosure by the U.S. Government of the computer software and
- documentation in this package shall be subject to the restricted rights
- applicable to commercial computer software as set forth in subdivision
- (c)(1)(ii) of the Rights in Technical Data and Computer Software clause
- at 252.227-7013 (DFARS 52.227-7013) or subdivision (c)(1) and (2) of
- the Commercial Computer Software -- Restricted Rights clause at 48 CFR
- 52.227-19, as applicable. The contractor/manufacturer is Signal 9
- Solutions Canada Inc., 406-580 Terry Fox Drive, Kanata, ONTARIO, Canada
- K2L 4B9.
-
- 8. GOVERNING LAW. This License will be governed by the laws of
- the Province of Ontario, Canada and you agree that any litigation
- arising hereunder shall be brought by you before the courts of the
- Judicial District of Ottawa, Province of Ontario. Signal 9 may initiate
- an action in any appropriate jurisdiction. If for any reason a court
- of competent jurisdiction finds any provision of this License
- unenforceable, that provision of the License shall be enforced to the
- maximum extent permissible so as to effect the intent of the parties,
- and the remainder of this License shall continue in full force and
- effect. The United Nations Convention on Contracts for the
- International Sale of Goods is specifically disclaimed.
-
- 9. COMPLETE AGREEMENT. You acknowledge having read this License
- agreement, understanding it and agreeing to be bound by its terms and
- conditions. It is understood that this License is the complete and
- exclusive statement between you and Signal 9 (including its dealers,
- distributors, agents and employees) which supersedes any proposal or
- prior agreement, oral or written, and any other communications relating
- to the subject matter of the License.
-
- Should you have any questions regarding this License or the Software,
- please contact in writing: Signal 9 Solutions Canada Inc., 406-580
- Terry Fox Dr., Kanata, ONTARIO, Canada K2L 4B9 or send e-mail to
- sales@signal9.com.
-
- Signal 9 (tm) is a trademark of Signal 9 Solutions Canada Inc.
-