ip-shield 1.6

EULA - End User License Agreement

ip-shield.net, LLC
End-User License Agreement

NON-COMMERCIAL END-USER LICENSE AGREEMENT FOR SOFTWARE

IMPORTANT-READ CAREFULLY:

This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and ip-shield.net, LLC for personal non-commercial use of the ip-shield.net software that accompanies this EULA, which includes ip-shield.net Internet-based services ("Software"). YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, DOWNLOADING, COPYING, OR USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, DOWNLOAD, COPY, OR USE THE SOFTWARE.

1. GRANT OF LICENSE. ip-shield.net grants you the following rights provided that you comply with all terms and conditions of this EULA:

1.1 Installation and use. You may install copies of the Software on multiple personal computers or other devices but you agree to use your licensed copy of the software only on ONE personal computer or other device simultaneously. Any commercial, non-personal usage is strictly forbidden under this EULA and requires a EULA specifically for commercial or enterprise usage.

1.2 Alternative Rights for Storage/Network Use. As an alternative to Section 1.1, you may install a copy of the Software on a network storage device, such as a server computer, and allow one access device, such as a personal computer, to access and use that licensed copy of the Software over a private non-commercial network. You must obtain a license to the Software for each additional device that accesses and uses the Software installed on the network storage device.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. You may not use any ip-shield.net Internet-based services associated with the Software in any manner that could damage, disable, overburden, or impair such services or interfere with any other party's use and enjoyment of them. You may not attempt to gain unauthorized access to any service, account, computer systems or networks associated with the Internet-based services. You may only use the software for non-commercial use. You may not use the Software or any ip-shield.net Internet-based services: for the purpose of violating, or in a manner that violates, any foreign, federal, state or local law or regulation; in a manner that infringes or violates any privacy, confidentiality, contractual or other rights of another; to transmit information that is defamatory, offensive, misleading, false, harmful to minors, or obscene; or to transmit any viruses or programming routines intended to damage, surreptitiously intercept, or expropriate any system, data or personal information. Any failure to comply with said Terms of Use shall constitute a breach of this EULA.

3. RESERVATION OF RIGHTS AND OWNERSHIP. ip-shield.net reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. ip-shield.net owns the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold. This EULA does not grant you any rights to trademarks or service marks of ip-shield.net.

4. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

5. NO RENTAL/COMMERCIAL HOSTING. You may not rent, lease, lend or provide commercial hosting services with the Software.

6. ADDITIONAL SOFTWARE/SERVICES. This EULA applies to updates, supplements, add-on components, or Internet-based services components, of the Software that ip-shield.net may provide to you or make available to you after the date you obtain your initial copy of the Software, unless they are accompanied by separate terms. ip-shield.net reserves the right to discontinue Internet-based services provided to you or made available to you through the use of the Software.

7. UPGRADES. To use Software identified as an upgrade, you must first be licensed for the software identified by ip-shield.net as eligible for the upgrade. After installing the upgrade, you may no longer use the original software that formed the basis for your upgrade eligibility, except as part of the upgraded software.

8. EXPORT RESTRICTIONS. You acknowledge that the Software is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments.

9. SEPARATION OF COMPONENTS. The Software is licensed as a single product. Its component parts may not be separated for use on more than one device.

10. COMMENCEMENT AND TERMINATION. This Agreement is valid and effective from the first day on which you have installed the Software, and the license rights granted to you by Section 1 of this EULA shall continue for the subscription period specified in your order (for example, one year) and may be extended provided you pay the license fee required for such extension and otherwise comply with all other applicable terms and provisions. Your license to use the Software shall expire at the end of the subscription period for which you have paid the license fee. Without prejudice to its other rights and remedies, ip-shield.net may check proper license use by evaluating and transmitting computer hardware identifiers within its software and terminate the license rights granted to you without further obligation to you if you fail to comply with the terms of this EULA. In addition, ip-shield.net reserves the right at any time, in its sole discretion, to terminate the license rights granted to you under this EULA without cause, in which case ip-shield.net shall refund to you a pro-rated portion the license fee equivalent to the unused portion of your subscription.

11. LIMITED WARRANTY FOR SOFTWARE ACQUIRED IN THE US AND CANADA.
ip-shield.net warrants that the Software will perform substantially in accordance with the accompanying materials for a period of ninety (90) days from the date of receipt.

If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (NINETY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE NINETY DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to you.

Any supplements or updates to the Software, including without limitation, any (if any) service packs or hot fixes provided to you after the expiration of the ninety day Limited Warranty period are not covered by any warranty or condition, express, implied or statutory.

LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by ip-shield.net, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Software does not meet ip-shield.net's Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of Section 13 ("Exclusion of Incidental, Consequential and Certain Other Damages") are also incorporated into this Limited Warranty. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You may have other rights which vary from state/jurisdiction to state/jurisdiction. YOUR EXCLUSIVE REMEDY. ip-shield.net's and its suppliers' entire liability and your exclusive remedy for any breach of this Limited Warranty or for any other breach of this EULA or for any other liability relating to the Software shall be, at ip-shield.net's option from time to time exercised subject to applicable law, (a) return of the amount paid (if any) for the Software, or (b) repair or replacement of the Software, that does not meet this Limited Warranty. You will receive the remedy elected by ip-shield.net without charge This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, and ip-shield.net will use commercially reasonable efforts to provide your remedy within a commercially reasonable time of your compliance with ip-shield.net's warranty remedy procedures.

12. DISCLAIMER OF WARRANTIES. The Limited Warranty that appears above is the only express warranty made to you and is provided in lieu of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications. Except for the Limited Warranty and to the maximum extent permitted by applicable law, ip-shield.net and its suppliers provide the Software and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Software, and the provision of or failure to provide support or other services, information, software, and related content through the Software or otherwise arising out of the use of the Software. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.

13. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ip-shield.net OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) 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 OR OTHER SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF ip-shield.net OR ANY SUPPLIER, AND EVEN IF ip-shield.net OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or anything else), the entire liability of ip-shield.net and any of its suppliers under any provision of this EULA and your exclusive remedy hereunder (except for any remedy of repair or replacement elected by ip-shield.net with respect to any breach of the Limited Warranty) shall be limited to the greater of the actual damages you incur in reasonable reliance on the Software up to the amount actually paid by you for the Software or US$5.00. The foregoing limitations, exclusions and disclaimers (including Sections 11, 12 and 13) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

15. APPLICABLE LAW. If you acquired this Software in the United States or Canada, this EULA is governed by the laws of the State of Florida. If you acquired this Software in Canada, unless expressly prohibited by local law in respect of any dispute which may arise hereunder, you consent to the jurisdiction of the federal and state courts sitting in Florida. If you acquired this Software in the European Union, Iceland, Norway, or Switzerland, then local law applies. If you acquired this Software in any other country, then local law may apply.

16. ENTIRE AGREEMENT; SEVERABILITY. This EULA (including any addendum or amendment to this EULA which is included with the Software) is the entire agreement between you and ip-shield.net relating to the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. To the extent the terms of any ip-shield.net policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
Should you have any questions concerning this EULA, or if you desire to contact ip-shield.net for any reason, please use the address information enclosed in this Software or visit ip-shield.net on the World Wide Web at http://www.ip-shield.net.com.