This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or business entity; in which you represent that you have the authority to bind the entity to this agreement) and BetterGuard.com (“BetterGuard”) for use of the BetterGuard Software Suite, including computer software, associated media, resource materials, documentation, updates/upgrades and support ("Software").
By installing, copying, downloading, accessing or otherwise using the Software, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you must not install or use the Software. You have the option to eliminate it or return it for any applicable refund. Failure to read this EULA does not constitute a waiver of the binding rights for use of the Software.
The Software is available only to, and may only be used by, individuals who can enter binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 13). If you do not qualify, please do not use the Software. If you are registering as a business entity, you represent that you have the authority to bind the entity to this EULA.
You may install and use one copy of the Software on a single computer, including a workstation, terminal or other digital electronic device ("Computer").
You may receive the Software in more than one format. Regardless of the type or size of format you receive, you may use only one medium that is appropriate for your single computer. You may not use or install the other medium on another computer. You may not loan, rent, lease, lend or otherwise transfer the other medium to another user.
Separation of Components
The Software is licensed as a single product. Its component parts may not be separated for use on more than one computer. Attempts to separate the product will result in a violation of this EULA and revocation of Software use, nullification of warranty and ineligibility for refund.
You may also store or install a copy of the Software on a storage device, such as a network server, used only to install or run the Software on your other Computers over an internal network; however, you must acquire and dedicate a license for each separate Computer on or from which the Software is installed, used, accessed, displayed or run. A license for the Software may not be shared or used concurrently on multiple Computers.
If you purchased a Multi-User package of the Software, you may install and use additional copies of the Software up to the number of licenses specified in the package. The terms of this EULA will apply to each individual license.
If the Software you are using is a trial version (“Trial Software”), all of the same rights and terms of this EULA shall apply. Trial Software is non-transferable and not available for resale. Your use of the Trial Software is limited to demonstration, test, or evaluation purposes only.
Limitations on Reverse Engineering, Decompilation, and Disassembly
You may not reverse engineer, decompile, or disassemble the Software. Any attempt to do so will result in an immediate violation of this EULA and revocation of Software use, nullification of warranty and ineligibility for refund.
This EULA does not grant you any rights in connection with any trademarks or service marks of BetterGuard.
All title and intellectual property rights in and to the Software (including but not limited to any images, audio, music, text, and "applets" incorporated into the Software), all accompanying printed materials, and any copies of the Software are owned by BetterGuard or its appointed subsidiaries. This EULA grants you no rights to use, copy or resell such content. All rights not expressly granted are reserved by BetterGuard.
Without prejudice to any other rights, BETTERGUARD may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software and all of its component parts.
Updates and Upgrades
You must be properly licensed to use a product identified by BetterGuard as being an update or upgrade of the Software. Software labeled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA.
After installation of one copy of the Software pursuant to this EULA, you may keep the original media on which the Software was provided by BetterGuard solely for backup or archival purposes. If the original media is required to use the Software on the Computer, you may make one copy of the Software solely for backup or archival purposes. Except as expressly provided in this EULA, you may not otherwise make copies of the Software or any materials accompanying the Software.
IN NO EVENT SHALL BETTERGUARD, OUR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, LICENSORS, AGENTS, SUCCESSORS AND ASSIGNS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SOFTWARE, OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS BETTERGUARD, OUR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, LICENSORS, AGENTS, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY CLAIMS, ALLEGATIONS, LOSSES, LIABILITIES, FINES, DAMAGES, SETTLEMENTS, EXPENSES AND COSTS (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES AND COURT COSTS) WHICH MAY ARISE OUT OF OR RELATE TO USE OF THE SOFTWARE AND MATERIAL BREACH OF THIS EULA.
Restricted Rights U.S. Users Only
The Software and documentation are subject to restricted rights within the U.S. The use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in the Rights in Technical Data and Computer Software clause at DFARS 252.227-252.231, as applicable.
You agree that you will not export or import the Software to any country, person, entity or end user subject to U.S. export restrictions. You specifically agree not to export or import the Software: (i) to any country to which the U.S. has embargoed or restricted the export of goods or services, which currently include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria, or to any national of any such country, wherever located, who intends to transmit or transport the products back to such country; (ii) to any end user who you know or have reason to know will utilize the Software or portion thereof in the design, development or production of nuclear, chemical or biological weapons; or (iii) to any end-user who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government.
The laws of the province of Quebec shall apply to this agreement.
You understand that the SpyDefeater program may suppress applications, or components of applications (“Applications”), from installing or running on your computer. This may include Applications which you may have agreed to use within certain limitations. You agree that it is your responsibility to honor and respect all agreements and their terms for all Applications installed in your computer prior to or after installing the Software, and you further agree that BetterGuard shall not be liable to you, in any way, should the Software suppress such Applications. By default the Software will automatically block any application deemed by BetterGuard to be a threat. You may allow and/or restore any application that the Software has blocked.
BetterGuard may amend this Agreement at any time by posting the amended terms on our website or direct notice. Except as stated below, all amended terms shall automatically. This Agreement is effective upon installation of the Software and is otherwise effective on September 20, 2006, for all users.
For questions surrounding this EULA, or for general questions, please contact BetterGuard at; Support@BetterGuard.com.
BetterGuard warrants the Software against defects for a period of thirty (30) days from the date of original purchase ("Warranty Period").
If a defect arises and a valid claim is received by BetterGuard within the Warranty Period, at its option, BetterGuard will (1) repair the product at no charge, (2) exchange the product with an equal product, or (3) refund the purchase price of the product.
If a defect arises and a valid claim is received by BetterGuard after the Warranty Period, a shipping and handling charge may apply to any repair or exchange, if applicable.
This Limited Warranty is void if failure of the Software has resulted from abuse or misapplication. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States, neither these remedies nor any product support services offered by BetterGuard are available without proof of purchase.
NO OTHER WARRANTIES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. BETTERGUARD SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IF BETTERGUARD CANNOT LAWFULLY DISCLAIM OR EXCLUDE IMPLIED WARRANTIES UNDER APPLICABLE LAW, THEN TO THE EXTENT POSSIBLE ANY CLAIMS UNDER SUCH IMPLIED WARRANTIES SHALL EXPIRE ON EXPIRATION OF THE WARRANTY PERIOD. NO BETTERGUARD RESELLER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATION, EXTENSION, OR ADDITION TO THIS WARRANTY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BETTERGUARD IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING ANY COSTS OF RECOVERING OR REPRODUCING ANY PROGRAM OR DATA STORED IN OR USED WITH THE BETTERGUARD PRODUCT, AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT. BETTERGUARD SPECIFICALLY DOES NOT REPRESENT THAT IT WILL BE ABLE TO REPAIR ANY PRODUCT UNDER THIS WARRANTY OR MAKE A PRODUCT EXCHANGE WITHOUT RISK TO OR LOSS OF PROGRAMS OR DATA.
FOR CONSUMERS WHO HAVE THE BENEFIT OF CONSUMER PROTECTION LAWS OR REGULATIONS IN THEIR COUNTRY OF PURCHASE OR, IF DIFFERENT, THEIR COUNTRY OF RESIDENCE, THE BENEFITS CONFERRED BY THIS WARRANTY ARE IN ADDITION TO ALL RIGHTS AND REMEDIES CONVEYED BY SUCH CONSUMER PROTECTION LAWS AND REGULATIONS. TO THE EXTENT THAT LIABILITY UNDER SUCH CONSUMER PROTECTION LAWS AND REGULATIONS MAY BE LIMITED, BETTERGUARD’S LIABILITY IS LIMITED, AT ITS SOLE OPTION TO REPLACEMENT OR REPAIR OF THE PRODUCT OR SUPPLY OF THE REPAIR SERVICE AGAIN.