February 19th, 2019, Vancouver BC, Canada.
BY DOWNLOADING, INSTALLING, COPYING, ACCESSING OR USING THIS SOFTWARE, YOU AGREE TO THE TERMS OF THIS END USER LICENSE AGREEMENT [EULA]. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON OR COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THAT PERSON, COMPANY OR LEGAL ENTITY TO THESE TERMS.
IF YOU DO NOT AGREE TO THESE TERMS – DO NOT DOWNLOAD, INSTALL, COPY, ACCESS OR USE THIS SOFTWARE.
BY INSTALLING THIS SOFTWARE YOU AGREE TO THE FOLLOWING:
1. SALES AND REFUND POLICIES
All software sales are final. No refund will be granted if the end user is unable to use the software due to issues in their hardware or software configuration and performance, or configuration and performance of other software that might interfere with our product. Please, read carefully the description of the product to identify if the product you purchase is compatible with your system.
2. GRANT OF LICENSE
Subject to the terms and conditions of this Agreement, General Components Ltd. hereby grants to you a non-exclusive, nontransferable right to use the Software (for the purpose of this Agreement, to use the Software includes to download, install, and access the Software) solely for your own internal business operations, as long as you remain GC’s Authorized Dealer or Distributor. You are not granted rights to conduct Updates and Upgrades of this software by the third parties.
The Software, including, without limitation, its object code and source code, whether or not provided to you, is strictly confidential to GC. GC (or its licensors) owns exclusively and reserves all – and you may not exercise any – right, title, and interest in and to the Software, including, without limitation, all intellectual property rights in and to the Software, except to the extent of the limited Software use license granted to you in this Agreement. This Agreement is not an agreement of sale, and no title, intellectual property rights, or ownership rights to the Software are transferred to you pursuant to this Agreement. You acknowledge and agree that the Software and all ideas, methods, algorithms, formulae, processes, and concepts used in developing or incorporated into the Software, all future Updates and Upgrades, and all other improvements, revisions, corrections, bug-fixes, hot-fixes, patches, modifications, enhancements, releases, DATs, signature sets, upgrades, and policy and database updates and other updates in, of, or to the Software, all derivative works based upon any of the foregoing, and all copies of the foregoing are trade secrets and proprietary property of GC, having great commercial value to GC.
3. WARRANTY DISCLAIMER
The Software is provided “AS IS” and GC makes no representations or warranties, and GC disclaims all representations, warranties, and conditions, oral or written, express or implied, arising from course of dealing, course of performance, or usage in trade, or otherwise, including, without limitation, implied warranties of merchantability, quality, fitness for a particular purpose, title, non-infringement, or systems integration. Without limiting the foregoing, GC makes no warranty, representation, or guarantee as to the Software’s use or performance and does not warrant, represent, or guarantee that the operation of the software will be failsafe, uninterrupted, or free from errors or defects or that the Software will protect against all possible threats.
4. LIMITATIONS OF LIABILITIES
Under no circumstances and under no legal theory, whether in tort, negligence, contract or otherwise, shall either party be liable to the other under this agreement or in connection with its subject matter for any indirect, special, incidental, punitive, exemplary, consequential, or extra-contractual damages of any kind, loss of goodwill, loss of personnel salaries, lost profits or revenue, damages due to work stoppage and/or computer failure or malfunction, and/or costs of procuring substitute software or services, whether or not foreseeable, even if the exclusive remedies provided by this agreement fail of their essential purpose and even if either party has been advised of the possibility or probability of such damages.
Regardless of whether the claim for such damages is based in contract, tort and/or any other legal theory, in no event shall either party’s aggregate liability to the other party for direct damages under this agreement or in connection with its subject matter exceed the amount of total fees paid or payable by you for the software giving rise to such claim during the 12 months immediately preceding the event giving rise to such claim.
The limitation of liability in this section is based on the fact that end users use their computers for different purposes, run different software and share their hardware resources with other users. Therefore, only you can implement back-up plans and safeguards appropriate to your needs in the event that an error in the Software causes computer problems and related data losses. For these business reasons, you agree to the limitations of liability in this section and acknowledge that without your agreement to this provision, the fee charged for the Software would be higher.
5. PRIVACY AND COLLECTION OF PERSONAL OR SYSTEM INFORMATION
The Software, support or service subscription does not contain means of collection and/or transfer of private, business or financial information outside of end users domain or without end user’s consent. The Software, however, may employ applications and tools to collect personally identifiable, sensitive or other information about you, your computers, files stored on your computers, or your computers’ interactions with other computers (e.g., including, without limitation, information regarding network, licenses used, hardware type, model, hard disk size, CPU type, disk type, RAM size, 32 or 64 bit architecture, operating system types, versions, locale, BIOS version, BIOS model, total scanners deployed, database size, system telemetry, device ID, IP address, location, content, GC products installed, GC components, processes and services information, frequency and details of update of GC components, information about third party products installed, extracts of logs created by GC, usage patterns of GC products and specific features, etc.) (collectively, “Data”).
The collection of this Data may be necessary to provide you and users with the relevant Software, Support or service subscription functionalities as ordered (e.g., including, without limitation, detecting and reporting threats and vulnerabilities on your and users’ computer network), to enable GC to improve our Software, Support or service subscription (e.g., including, without limitation, content synchronisation, device tracking, troubleshooting, etc.), and to further or improve overall security for you and users. You may be required to uninstall the Software or disable Support or its service subscription to stop further Data collection that supports these functions.
By entering into this Agreement, or using the Software, Support or service subscription, you and users agree to the GC Privacy Policy and to the collection, processing, copying, backup, storage, transfer and use of this Data by GC and its service providers, in, from and to the United States, Europe, or other countries or jurisdictions potentially outside of your or user’s own as part of the Software, Support or service subscription. GC will only collect, process, copy, backup, store, transfer and use personally identifiable information in accordance with the GC privacy policy.
6. MAINTENANCE AND SUPPORT
The GC Technical Support and Maintenance Terms and Conditions apply if you have purchased Support. After the support or service subscription period has expired, you have no further rights to receive any Support including Upgrades, Updates and telephone support. GC may change the Support offered at any time, effective as of the commencement of any renewal period. You will secure any and all privacy-related rights and permissions from individual persons as may be required by regulation, statute, or other law or your internal policies or guidelines in order to disclose to GC, in connection with GC’s performance of Support or otherwise under this Agreement, applicable personally identifiable information, data, and material.
7. TERMINATION
Without prejudice to your payment obligations, you may terminate your license at any time by uninstalling the Software. GC may terminate your license in the event that you materially breach the terms of this Agreement and you fail to cure such breach within thirty (30) days of receiving notice of such breach. Upon such termination, you shall promptly return or destroy all copies of the Software and Documentation. GC reserves right to withdraw your license at any time, in case of breach of terms or termination of Partnership or Sales Agreement.