System Guard 11.8

EULA - End User License Agreement

End-User License Agreement for i8 System Guard
i8 Technologies
End User License Agreement
i8 System Guard

The i8 System Guard is protected by intellectual property laws and treaties. i8 System Guard is licensed, not sold.

PLEASE CAREFULLY REVIEW THE FOLLOWING TERMS AND CONDITIONS OF THIS SOFTWARE PRODUCT ("i8 System Guard") LICENSE (THE "LICENSE AGREEMENT"). THIS LICENSE IS A LEGALLY BINDING CONTRACT BETWEEN YOU (THE "LICENSEE") AND i8 TECHNOLOGIES ("i8").

1. INTRODUCTION: The following Software license terms and conditions apply to all of the Software Product (the "Software Product") that is delivered or downloaded under this license. If, after reviewing the terms and conditions which follow this paragraph, you do not wish to be bound by its provisions, do not download the Software Product or, if i8 System Guard has been delivered by CD ROM, destroy the CD ROM or return it to i8. If i8 System Guard has already been downloaded, then immediately delete i8 System Guard. Once i8 System Guard has been downloaded or accessed all of the provisions of this License Agreement apply, even if i8 System Guard is subsequently deleted or returned. Any use of i8 System Guard by the Licensee shall constitute unqualified acceptance of this Agreement.

2. EVALUATION VERSION LICENSE GRANT: If you have downloaded or otherwise received an evaluation version of i8 System Guard, you are authorized to use i8 System Guard on a royalty-free basis for evaluation purposes only during the initial evaluation period of generally, thirty (30) days. You have the option to register for full use of i8 System Guard at any time during the evaluation period by following the instructions in the accompanying documentation, including the payment of the required license fee. Registration will authorize you to use an unlocking key which will convert i8 System Guard to full use, in accordance with the terms and conditions provided below. Your use of i8 System Guard for any purpose after the expiration of the initial evaluation period is not authorized. Upon expiration of the limited evaluation period, i8 System Guard may automatically disable itself.

3. GRANT OF LICENSE: This Section of the License Agreement describes your general rights to install and use i8 System Guard. The license rights described in this Section are subject to all other terms and conditions of this License Agreement. Any use, modification, reproduction, release, performance, display or disclosure of i8 System Guard shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the terms of this Agreement.

3.1. LICENSE: The i8 System Guard is provided on a non-exclusive, non-transferable basis, and may not be copied, modified, or enhanced without the advance written authorization of i8. The i8 System Guard includes significant elements, including its organization, algorithms, and logic, which i8 has maintained as confidential information, which constitute trade secrets of i8, and which are protected by Commonwealth of Australia copyright law and international treaty. Licensee agrees not to attempt to disassemble, reverse compile, or reverse engineer i8 System Guard. The i8 System Guard under this Agreement is the exclusive property of i8. This License Agreement does not grant Licensee any ownership right or title to, or interest in i8 System Guard or any part thereof, and i8 retains all such rights, title, and interest.

3.2. GENERAL LICENSE GRANT TO INSTALL AND USE THE SOFTWARE PRODUCT: You may install and use one copy of i8 System Guard on a single computer, device, workstation, terminal, or other digital electronic or analog device ("Device").

3.3. USE ON PORTABLE SYSTEMS: You may make a second copy of i8 System Guard and install it on a portable Device for the exclusive use of the person who is the primary user of the first copy of i8 System Guard.

3.4. RESERVATION OF RIGHTS: All rights not expressly granted under this License Agreement are reserved by i8.

4. DISCLAIMER OF WARRANTY: THE SOFTWARE PRODUCT IS PROVIDED "AS IS" AND WITHOUT WARRANTY EXCEPT AS PROVIDED IN THE FOLLOWING PARAGRAPH. i8 DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES OF NON-INFRINGEMENT AND PERFORMANCE.

5. LIMITED WARRANTY: i8 warrants that i8 System Guard covered by this License Agreement will, for a period of thirty (30) days following its installation, operate in accordance with the specifications found in the manual accompanying i8 System Guard.

6. LIMITATION OF LIABILITY: i8 makes no representations or warranties that the operation of i8 System Guard will be uninterrupted or error free, or that it will produce the results desired by the Licensee. i8 does not agree to provide modifications, enhancements, improvements or bug corrections, even if errors in i8 System Guard are reported to i8. i8 SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OR BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, ETC.) ARISING FROM LICENSEE'S USE, OR THE INABILITY OF LICENSEE TO USE, THE i8 System Guard, EVEN IF i8 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. i8 will not be held responsible or liable if the licensee loses files or applications even though i8 System Guard removes them from the licensee's computer. Such removals will always be performed with the knowledge of the user.

7. LICENSEE REMEDY: If i8 is liable to Licensee for the breach of any of i8’s obligations under this License Agreement, Licensee's sole and exclusive remedy shall be, at i8’s option, to either receive a refund for the price Licensee paid for the use of i8 System Guard (less any taxes, shipping fees, etc.), or the repair or replacement of any defective i8 System Guard.

8. LIMITATION ON EXPORTS: Licensee agrees that Licensee will not export or re-export i8 System Guard outside of the United States to any individual, business, third party, or other entity, or to any country subject to United States export restrictions, including specifically Iran, Iraq, Cuba, Libya, and North Korea. Any Licensee who receives i8 System Guard outside the United States agrees not to re-export i8 System Guard except as permitted by laws of the United States.

9. U.S. GOVERNMENT RIGHTS: If you are obtaining i8 System Guard on behalf of any part of the United States Government, i8 System Guard shall be deemed “commercial computer software" and "commercial computer software documentation," respectively, pursuant to DFAR Section 227.7202 and FAR 12.212, as applicable.
10. SOFTWARE REGISTRATION: When the licensee enters the registration key code for the first time, this registration key is sent to the i8 server for verification. The server will return back whether the key is valid or not. The only data sent to the server is the registration key, no personal data or any other data is passed.

11. MISCELLANEOUS: Licensee may make one backup copy for archival purposes only of i8 System Guard, provided Licensee agrees not to grant access to such backup i8 System Guard to any other individual or business entity. Licensee agrees not to alter or delete any copyright notice which is included with i8 System Guard. Except as expressly stated herein, there are no other agreements, understandings between the parties, or obligations on the part of i8 relative to i8 System Guard. The laws of the Commonwealth of Australia shall apply to the terms of this License Agreement.

13. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND IT, AND THAT BY INSTALLING OR USING THE SOFTWARE PRODUCT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES. THIS AGREEMENT SUPERSEDES ALL PRIOR ORAL AGREEMENTS, PROPOSALS OR UNDERSTANDINGS, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SOFTWARE PRODUCT OR THIS AGREEMENT.

5/12/2005