BY CLICKING THE “ACCEPT” LINK OR BY DOWNLOADING, INSTALLING OR USING THE SOFTWARE, THE INDIVIDUAL OR ENTITY LICENSING THE PRODUCT (“YOU”) ARE CONSENTING TO BE BOUND BY AND IS BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK “DECLINE” BELOW, AND YOU MUST NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE.
End User License Agreement
30 Day Free Evaluation Period
Please take up to 30 days after you start using the Software as
described above ("Evaluation Period") to determine whether it meets
your needs and performs to your satisfaction. Licensor grants you the
non-exclusive, non-transferable right to install the Software on one
computer and evaluate its use, for the Evaluation Period, as a
firewall management system for a corporate network or client's
firewalls as described above. After the Evaluation period ends you
agree to either purchase a License or discontinue using the
Software.
License grant
"You" means the person or company who is being licensed to use the
Software or Documentation. "We," "us" and "our" means NetCitadel LLC.
After you have evaluated the Software and determined that it meets
your needs and performs to your satisfaction, upon payment of the
License Fee, We hereby grant you a nonexclusive license to use one
copy of the Software on any single computer, provided the Software is
in use on only one computer at any time. The Software is "in use" on a
computer when it is loaded into temporary memory (RAM) or installed
into the permanent memory of a computer for example, a hard disk,
CD-ROM or other storage device.
If the Software is permanently installed on the hard disk or other
storage device of a computer (other than a network server) and one
person uses that computer more than 80% of the time, then that person
may also use the Software on a portable or home computer.
Title
We remain the owner of all right, title and interest in the Software
and related explanatory written materials ("Documentation").
License to Updates
Subject to your purchase of a License, you shall have a license to use
any updates of FIREWALL BUILDER v2.1 that Licensor makes generally
available for download. The update must be used in the same
installation as the original version licensed under the License. All
updates to the Software shall be governed by the then current version
of this license agreement at the time of your download of the update.
Payment of the License Fee shall not entitle you to upgrades (e.g.,
FIREWALL BUILDER 3.x) or separate products (e.g., FIREWALL BUILDER FOR
PIX).
Archival or Backup Copies
You may copy the Software for back up and archival purposes, provided
that the original and each copy is kept in your possession and that
your installation and use of the Software does not exceed that allowed
in the "License Grant" section above.
Things You May Not Do
The Software and Documentation are protected by United States
copyright laws and international treaties. You must treat the Software
and Documentation like any other copyrighted material, for example, a
book. You may not:
* copy the Documentation,
* copy the Software except to make archival or backup copies as
provided above,
* modify or adapt the Software or merge it into another program,
* reverse engineer, disassemble, decompile or make any attempt to
discover the source code of the Software,
* place the Software onto a server so that it is accessible via a
public network such as the Internet, or
* sublicense, rent, lease or lend any portion of the Software or
Documentation.
Transfers
You may transfer all your rights to use the Software and Documentation
to another person or legal entity provided you transfer this
Agreement, the Software and Documentation, including all copies,
updates and prior versions to such person or entity and that you
retain no copies, including copies stored on computer.
Refunds
Licensor does not give License Fee refunds. We have designed the 30
Day Free Evaluation period so that you can confirm that the Software
suits your needs.
Technical Support
Technical support is provided via email and online forums.
Limited Warranty
We warrant that for a period of 60 days after delivery of this copy of
the Software to you:
* the media on which this copy of the Software is provided to you will
be free from defects in materials and workmanship under normal use,
and
* the Software will perform in substantial accordance with the
Documentation.
To the extent permitted by applicable law, THE FOREGOING LIMITED
WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR
IMPLIED, AND WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS,
INCLUDING ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, regardless of
whether we know or had reason to know of your particular needs. No
employee, agent, dealer or distributor of ours is authorized to modify
this limited warranty, nor to make any additional warranties.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT
APPLY TO YOU.
Limited Remedy
Our entire liability and your exclusive remedy for breach of the
foregoing warranty shall be, at our option, to either:
* return the price you paid, or
* repair or replace the Software or media that does not meet the
foregoing warranty if it is returned to us with a copy of your
receipt.
IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY
LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL
DAMAGES ARISING FROM THE USE OR THE INABILITY TO USE THE SOFTWARE
(EVEN IF WE OR AN AUTHORIZED DEALER OR DISTRIBUTOR HAS BEEN ADVISED OF
THE POSSIBILITY OF THESE DAMAGES), OR FOR ANY CLAIM BY ANY OTHER
PARTY.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT
APPLY TO YOU.
Term and Termination
This license agreement takes effect upon your use of the software and
remains effective until terminated. You may terminate it at any time
by destroying all copies of the Software and Documentation in your
possession. It will also automatically terminate if you fail to comply
with any term or condition of this license agreement. You agree on
termination of this license to destroy all copies of the Software and
Documentation in your possession.
Confidentiality
The Software contains trade secrets and proprietary know-how that
belong to us and it is being made available to you in strict
confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF ITS
ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE
WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR
TRADE SECRET RIGHTS.
General Provisions
1. This written license agreement is the exclusive agreement between
you and us concerning the Software and Documentation and supersedes
any prior purchase order, communication, advertising or representation
concerning the Software.
2. This license agreement may be modified only by a writing signed by
you and us.
3. In the event of litigation between you and us concerning the
Software or Documentation, the prevailing party in the litigation will
be entitled to recover attorney fees and expenses from the other
party.
4. This license agreement is governed by the laws of the State of
California
5. You agree and certify that neither the Software nor any other
technical data received from VENDOR, nor the direct product thereof,
will be exported outside the United States except as authorized and as
permitted by the laws and regulations of the United States. If the
Software has been rightfully obtained by you outside of the United
States, you agree that you will not re-export the Software nor any
other technical data received from VENDOR, nor the direct product
thereof, except as permitted by the laws and regulations of the United
States and the laws and regulations of the jurisdiction in which you
obtained the Software.
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