CyberScrub AntiVirus Lifetime Edition 1.0

EULA - End User License Agreement

Provided that you verify that you are distributing the most recent trial version of CyberScrub AntiVirus Lifetime Edition , you are hereby licensed to make as many copies of the CyberScrub AntiVirus Lifetime Edition trial package as you wish; give exact copies of the original CyberScrub AntiVirus Lifetime Edition trial package to anyone; and distribute the Photolightning trial package in its unmodified form via electronic means (Internet, BBSs, Shareware distribution libraries, CD-ROMs, etc.). You may charge a distribution fee for the package, but you must not represent in any way that you are selling the software itself.
CYBERSCRUB ANTIVIRUS END-USER LICENSE AGREEEMENT NOTICE TO ALL USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT (AGREEMENT) THAT PROVIDES FOR THE LICENSE OF THE CYBERSCRUB ANTIVIRUS SOFTWARE PRODUCT. IF YOU HAVE PURCHASED THIS SOFTWARE, BY INSTALLING AND CLICKING THE YES BUTTON TO ACCEPT THE TERMS AND CONDITIONS, YOU (WHETHER YOU ARE AN INDIVIDUAL OR A SINGLE ENTITY) CONSENT TO BE BOUND BY AND TO BECOME A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK THE BUTTON THAT INDICATES YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT AND DO NOT INSTALL THE SOFTWARE. 1. License Grant. Subject to the payment of the applicable license fees, and subject to the terms and conditions of this Agreement, CyberScrub LLC hereby grants to You a non-exclusive, non-transferable right to use one copy of the specified version of the Software and the accompanying documentation (the "Documentation") for the term of this Agreement solely for your own internal business purposes. You may install one copy of the Software on one computer, workstation, personal digital assistant, or other electronic device for which the Software was designed (each such device hereinafter referred to as a "Client Device"). 1.1. Use. The Software is licensed as a single product; it may not be used on more than one Client Device or by more than one user at a time, except as set forth in this Section. 1.1.1. The Software is "in use" on a Client Device when it is loaded into the temporary memory (i.e., random-access memory or RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that Client Device. This License authorizes you to make only as many back-up copies of the Software as are necessary for its lawful use and solely for back-up purposes, provided that all such copies contain all of the Softwares proprietary notices. You will maintain records of the number and location of all copies of the Software and Documentation and will take all reasonable precautions to protect the Software from unauthorized copying or use. 1.1.2. If you sell the Client Device on which the Software is installed, you will ensure that all copies of the Software have been previously deleted. 1.1.3. You shall not decompile, reverse engineer, disassemble or otherwise reduce any part of this Software to human readable form nor permit any third party to do so. 1.1.4. You shall not, nor permit any third party to, copy (other than as expressly permitted herein), make error corrections to, or otherwise modify, adapt or translate the Software, or create derivative works of the Software. 1.1.5. You shall not rent, lease or lend the Software to any other person, nor transfer or sub-license your License rights to any other person. 1.2. Server-Mode Use. You may use the Software on a Client Device or on a server (Server) within a multi-user or networked environment ("Server-Mode") only if such use is permitted in the applicable price list or product packaging for the Software. A separate license is required for each Client Device or "seat" that may connect to the Server at any time, regardless of whether such licensed Client Devices or seats are concurrently connected to or actually accessing or using the Software. Use of software or hardware that reduces the number of Client Devices or seats directly accessing or utilizing the Software (e.g., "multiplexing" or "pooling" software or hardware) does not reduce the number of licenses required (i.e., the required number of licenses will equal the number of distinct inputs to the multiplexing or pooling software or hardware "front end"). If the number of Client Devices or seats that can connect to the Software can exceed the number of licenses you have obtained, then you must have a reasonable mechanism in place to ensure that your use of the Software does not exceed the use limits specified for the license you have obtained. This License authorizes you to make or download such copies of the Documentation for each Client Device or seat that is licensed as are necessary for its lawful use, provided that each such copy contains all of the Documentation proprietary notices. 1.3. Volume Licenses. If the Software is licensed with volume license terms specified in the applicable product invoicing or packaging for the Software, You may make, use or install as many additional copies of the Software on the number of Client Devices as the volume license terms specify. You must have reasonable mechanisms in place to ensure that the number of Client Devices on which the Software has been installed does not exceed the number of licenses you have obtained. This License authorizes You to make or download one copy of the Documentation for each additional copy authorized by the volume license, provided that each such copy contains all of the Documents proprietary notices. 2. Term and Termination. This Agreement is effective for 30 days from installation, unless earlier terminated as set forth herein. This Agreement will terminate automatically if you fail to comply with any of the conditions, limitations or other requirements described herein. This Agreement will also terminate immediately upon notification to You by CyberScrub LLC of its loss of license or re-license rights to the Software, or loss of access to the Software, from and with Kaspersky Lab. Upon any termination or expiration of this Agreement, You must immediately destroy all copies of the Software and the Documentation. You may terminate this Agreement at any point by destroying all copies of the Software and the Documentation. 3. Support. 3.1. CyberScrub LLC will provide You with the support services defined in Section 3.2 below ("Support Services") for the Term of this Agreement provided You successfully complete and submit to CyberScrub LLC informational forms and other documentation as required, which may include the Key Identification file and your purchase documentation. It shall be in the absolute discretion of CyberScrub LLC whether or not You have satisfied this condition for the provision of Support Services. 3.2."Support Services" means (a) Weekly updates of antivirus databases as available; (b) Free software updates, including version upgrades as available; (c) Extended technical support via E-mail; (d) Virus detection and curing updates in a reasonably prompt manner. 4. Ownership Rights. The Software is owned by Kaspersky Lab. It is licensed to CyberScrub LLC by Kaspersky Lab for subsequent re-license to You and other customers. You acknowledge and agree that CyberScrub LLC’s ability to deliver any software and service hereunder is contingent upon its having an operative license from Kaspersky Lab and access to the software provided by Kaspersky Lab, and you accept the consequences of any interruption in CyberScrub LLC’s license rights or re-license rights as a condition of your entering into this Agreement and installing the Software. You agree that in the event CyberScrub LLC loses its license or re-license rights from Kaspersky Lab for any reason, or loses access to the software of Kaspersky Lab for any reasons, whether or not the fault of CyberScrub LLC, you shall have no claim or cause of action of any kind against either CyberScrub LLC or Kaspersky Lab for the interruption in your use of the Software or for any claimed consequential damage arising from the interruption in your use of the Software. The Software is protected by copyright laws. Kaspersky Lab owns and retains all right, title and interest in and to the Software, including all copyrights, patents, trademarks and other intellectual property rights therein, with the exception of copyrights, trademarks and intellectual property rights that may be owned by CyberScrub LLC. Your possession, installation, or use of the Software does not transfer to you any title to the intellectual property in the Software, and you will not acquire any rights to the Software except as expressly set forth in this Agreement. 5. Confidentiality. You agree that the Software and the Documentation, including the specific design and structure of individual programs and the Key Identification File constitute confidential proprietary information of Kaspersky Lab. You shall not disclose, provide or otherwise make available such confidential information in any form to any third party without the prior written consent of Kaspersky Lab and CyberScrub LLC. You shall implement reasonable security measures to protect such confidential information, but without limitation to the foregoing shall use best endeavors to maintain the security of the Key Identification File. 6. Limited Warranty. 6.1. CyberScrub LLC warrants that for 90 days from first download or installation the Software will perform substantially in accordance with the functionality described in the Documentation when operated properly and in the manner specified in the Documentation. 6.2. You accept all responsibility for the selection of this Software to meet your requirements. CyberScrub LLC does not warrant that the Software and/or the Documentation will be suitable for such requirements or that any use will be uninterrupted and error free. 6.3. Neither Kaspersky Lab nor CyberScrub LLC warrant that this Software identifies all known viruses, nor do they warrant that the Software will not occasionally erroneously report a virus in a title not infected by that virus. 6.4.Your sole remedy and the entire liability of CyberScrub LLC for breach of the warranty at paragraph 6.1 above will be, at CyberScrub LLC’s sole and exclusive option, either to repair or replace the Software if reported to CyberScrub LLC or its designee during the warranty period, or to refund to You the amount paid for the Software. You shall provide all information as may be reasonably necessary to assist the Supplier in resolving the defective item. 6.5. The warranty in 6.1 above shall not apply if you (a) make or cause to be made any modifications to this Software without the consent of CyberScrub LLC, (b) use the Software in a manner for which it was not intended, or (c) use the Software other than as permitted under this Agreement. 6.6. The warranties and conditions stated in this Agreement are in lieu of all other conditions, warranties or other terms concerning the supply or purported supply of, failure to supply or delay in supplying the Software or the Documentation which might but for this subparagraph apply or otherwise be implied into or incorporated into this Agreement or any collateral contract, whether by statute, common law or otherwise. CYBERSCRUB LLC HEREBY DISCLAIMS ALL WARRANTIES OTHER THAN THOSE STATED HEREIN, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 7. Limitation of Liability. 7.1. You agree that neither CyberScrub LLC nor Kaspersky Lab shall have any liability, whether in contract, tort, restitution or otherwise, for any of the following losses or damage (whether such losses or damage were foreseen, foreseeable, known or otherwise): (a) Loss of revenue; (b) Loss of actual or anticipated profits (including for loss of profits on contracts); (c) Loss of the use of money; (d) Loss of anticipated savings; (e) Loss of business; (f) Loss of opportunity; (g) Loss of goodwill; (h) Loss of reputation; (i) Loss of, damage to or corruption of data; or (j) Any indirect or consequential loss or damage howsoever caused. CYBERSCRUB LLC HEREBY DISCLAIMS ALL LIABILITY FOR CONSEQUENTIAL DAMAGES OF ANY KIND. 7.2. You agree that in any event CyberScrub LLC shall have no monetary liability to You (whether in contract, tort, restitution or otherwise) arising out of or in connection with the supply to You of the Software other than a refund to You of the amount paid by You for the Software, as provided in paragraph 6.4 above. 8. This Agreement shall be governed by the laws of the state of Georgia, United States of America respecting contracts entered into in the state of Georgia and performed within that state. ("Georgia Law"). In addition, You agree that all disputes concerning this Agreement or Your use of the Software shall be heard in Atlanta, Georgia (USA). All users of this software agree to the application of Georgia Law and to the hearing of all disputes concerning this Agreement or the Software in Atlanta, Georgia (USA). All disputes, allegations of breach, and differences of whatsoever kind and nature related to or arising out of this Software License Agreement and any Warranty Disclaimer hereunder shall be submitted to binding arbitration in accordance with the Commercial Rules of the American Arbitration Association. It is the intention of the parties that all disputes, allegations of breach, and differences arising out of this Agreement be submitted to binding arbitration. The parties hereby agree that all arbitration proceedings shall be conducted in Atlanta, Georgia under the auspices of the Atlanta office of the American Arbitration Association. The arbitration shall be conducted before a panel of not less than three (3) arbitrators. The parties hereto shall each have the right to select one of the three arbitrators, and the two arbitrators so chosen shall select the third arbitrator. The parties hereby waive any and all objection to jurisdiction and venue, the right to have their disputes adjudicated in a court of competent jurisdiction in any nation of the world, and the right to a jury trial, where applicable. 9. By accepting this Agreement you agree to receive email correspondence from CyberScrub LLC or its designees. 10. This Agreement contains the entire understanding of the parties with respect to the subject matter hereof and supersedes all and any prior understandings, undertakings and promises between you and CyberScrub LLC and Kaspersky Lab, whether oral or in writing, which have been given or may be implied from anything written or said in negotiations between us or our representatives prior to this Agreement. All prior agreements, if any, between the parties relating to the matters aforesaid shall cease to have effect. You agree that you shall not have any remedy in respect of an untrue statement made to you upon which you relied in entering into this Agreement. Nothing in this Agreement shall exclude or limit the liability of CyberScrub LLC for any Misrepresentation made by it knowing that it was untrue. In any event, You agree that the sum total of any monetary liability that CyberScrub LLC may have to You for any Misrepresentation made and upon which you reasonably relied shall not exceed the amount You paid for the Software. 11. Assignment. This License and any other licenses herein granted may not be assigned, sublicensed or otherwise transferred without the prior written consent of CyberScrub LLC. 12. General Provisions. 12.1. This License Agreement supersedes all prior agreements concerning the subject matter herein and may not be changed or terminated except by the written consent of CyberScrub LLC. 12.2. If any of the provisions of this License Agreement are deemed to be invalid by a court of competent jurisdiction, the remaining provisions shall remain in effect as if the offending provisions had been omitted. 12.3. The stated remedies in this Agreement are all that any party possesses.