TrustDefender Gold Edition 2.0.4.713

EULA - End User License Agreement

‘PLEASE READ THE FOLLOWING LICENSE AGREEMENT CAREFULLY.
 
This is a legal agreement ("Agreement") between you (either an individual or a single entity) and Symbiotic Technologies Pty Ltd ("Symbiotic Technologies") for the TrustDefender software and the accompanying documentation (collectively "Software").
 
BY INSTALLING THE SOFTWARE, YOU EXPLICITLY AGREE TO BE BOUND BY THE CONDITIONS OF THIS AGREEMENT.
 
 
1. GRANT OF LICENSE
 
a. Evaluation Use. The terms of this section are applicable to you if you installed the evaluation version of the Software and did not pay the applicable license fees. Subject to the terms of this Agreement, Symbiotic Technologies hereby grants to you a non-exclusive, non-transferable, license to use the evaluation version of the Software solely for evaluation purposes ("Evaluation Use"). This license begins upon installation of the Software and is valid for the duration of the evaluation period. When the license expires you must stop using the Software.
 
b. Production Use. The terms of this section are applicable to you if you paid the applicable license fees. Subject to the terms of this Agreement, Symbiotic Technologies hereby grants to you a non-exclusive, non-transferable right to use the Software solely for internal business purposes ("Production Use"). You can install and run TrustDefender on a single computer within your organization. If you need to run it on multiple computers within your organization you need to purchase a separate TrustDefender license for each computer on which you want to run the TrustDefender Software. Each employee of your organization must have a separate user license ("Named User License"). Named User Licenses can be purchased separately. Additionally, each Named User License holder can install and run the TrustDefender Software for his/her exclusive use on a single computer (either home or portable).
 
c. Non-commercial Use. The terms of this section are applicable to you if your organization qualifies as a non-commercial entity and you paid license fees at a discount for non-commercial organizations. These terms are in addition to the terms of section b. You cannot use the software for any commercial purposes.
 
d. Personal Use. The terms of this section are applicable to you if you paid the TrustDefender Personal Edition license fees. Subject to the terms of this Agreement, Symbiotic Technologies hereby grants to you a non-exclusive, non-transferable right to use the Software solely for your private, non-commercial purposes (Personal Use). You can install and run TrustDefender on a single computer only. You cannot use the software within any organization or for any commercial purposes.
 
 
2. RESTRICTIONS
 
You may not lease, rent, loan, resell, publish or redistribute the Software. You may not transfer any of the rights granted to you under this Agreement. You may not reverse engineer, decompile, disassemble or otherwise attempt to determine source code or protocols from the Software except where such restriction is prohibited by applicable law.
 
 
3. OWNERSHIP RIGHTS
 
The Software is protected by copyright laws and international treaty provisions. Symbiotic Technologies retains all right, title and interest in and to the Software, including all copyrights, patents, trade secret rights, trademarks and other intellectual property rights therein. Your installation or use of the Software does not transfer to you any title to the intellectual property in the Software.
 
 
4. SOFTWARE UPGRADES
 
You are entitled to receive revisions and updates ("Maintenance Releases") to the Software if, as and when Symbiotic Technologies makes any such Maintenance Releases generally available. At its discretion, Symbiotic Technologies may charge an upgrade fee for new releases.
 
 
5. SOFTWARE CHANGES
 
Symbiotic Technologies reserves the right at any time not to release or to discontinue release of any Software and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the Software.
 
 
6. WARRANTY AND DISCLAIMER
 
a. Limited Warranty. Symbiotic Technologies warrants that the Software will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of purchase. Symbiotic Technologies’ entire liability and your exclusive remedy shall be, at Symbiotic Technologies’ option either, (i) refund of the purchase price paid for the license, if any, or (ii) replacement of the Software that is returned to Symbiotic Technologies with a proof of purchase.
 
b. Disclaimer. Except for the Limited Warranty the Software is provided "AS IS". To the maximum extent permitted by applicable law, Symbiotic Technologies disclaims all warranties, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose with respect to the Software. Symbiotic Technologies does not warrant that operation of the Software will be uninterrupted or error-free or that the Software will meet your requirements.
 
 
7. LIMITATION OF LIABILITY
 
To the maximum extent permitted by applicable law, in no event shall Symbiotic Technologies be liable for any special, incidental, indirect, or consequential damages of any character (including, without limitation, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other damages or losses) arising out of or in any way related to the use of or inability to use the Software, the provision of or failure to provide Support Services, or otherwise under or in connection with any provision of this Agreement, even if Symbiotic Technologies has been advised of the possibility of such damages. In any event the entire liability of Symbiotic Technologies under any provision of this Agreement shall be limited to the amount actually paid by you for the Software.
 
 
8. TERMINATION
 
This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of Software. This Agreement will terminate immediately without notice from Symbiotic Technologies if you fail to comply with any provision of this Agreement. Upon termination, you must destroy all copies of Software.
 
 
9. HIGH RISK ACTIVITIES
 
The Software is not fault-tolerant and is not designed, manufactured or intended for use as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Accordingly, Symbiotic Technologies specifically disclaims any express or implied warranty of fitness for High Risk Activities. You agree that Symbiotic Technologies will not be liable for any claims or damages arising from the use of the Software in such applications.
 
 
10. TAXES AND DUTIES
 
You agree to pay all applicable taxes including sales, use, value added and other taxes, tariffs and duties (other than those based on Symbiotic Technologies’ net income) unless you furnish Symbiotic Technologies with written proof of exemption.
 
 
11. GOVERNING LAW
 
This agreement shall be governed by the laws of the State of New South Wales, Australia.
 
 
12. SEVERABILITY
 
If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.
 
 
13. INTEGRATION
 
This Agreement is the entire agreement between you and Symbiotic Technologies relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement.