Stealth Anti-Virus & Spam
Control End User License
You should carefully read the following terms and
conditions before using ITS Group Information Technology's Stealth Anti-Virus and
Spam Control software. Using
ITS Group Information Technology's Stealth Anti-Virus and Spam
Control software indicates your acceptance of
these terms and conditions. If you do not agree with these terms and
conditions, you should promptly cease using the software in any
context and destroy all copies of the software in your possession.
ITS Group Information Technology. (“ITS Group Information Technology”) provides the software and
licenses its use. You, the customer, assume all responsibility for
the selection of the software to achieve your intended results and
for the installation, use and results obtained from the software.
You may use the software in the following contexts:
EVALUATION USE CONTEXT
The software may be used for evaluation purposes without payment
of a license fee for a period of no more than twenty-one (21) days.
ALL OTHER CONTEXTS
Use of the software in a context not covered by the previous
section is covered by this section.
Subject to the conditions herein, ITS Group Information Technology here by grants to
you a non-transferable, non-exclusive, limited license to use the
Licensed Software in machine-readable form on one (1) physical CPU
(the "License"). The License granted herein is subject to all
further restrictions as set forth in the ITS Group Information Technology Invoice (the
"invoice"). Unless the context otherwise requires, all references
herein to "you" shall include your employees or agents ("Users"),
and you shall be liable for all acts and omissions of the Users. No
license, right or interest in any trademark, trade name or service
mark of ITS Group Information Technology is granted under this License.
"Licensed Software" means (i) ITS Group Information Technology's proprietary software,
which may include but is not limited to: Stealth Anti-Virus & Spam
Control; Stealth Spam Filter; Stealth Virus Filter; and/or other
ITS Group Information Technology -branded products, as
applicable, (ii) the Updates, and (iii) all documentation,
instructions, manuals, diagrams and other materials, in whatever
medium or format, pertaining to the foregoing.
"Updates" means "bug" fixes and other updates, enhancements,
upgrades or releases of the Licensed Software, but shall not include
new products or modules unless otherwise determined by ITS Group Information Technology
in its sole discretion.
The effective date of this License shall be the date of the
initial use of the Licensed Software and its term is perpetual,
subject to the termination provisions of this Section 5.
You may terminate this License at any time by destroying the
Licensed Software together with all copies in any form. This License
will also terminate upon conditions set forth elsewhere in this
agreement or if you fail to comply with any term or condition of
this agreement. You agree upon such termination to destroy the
software together with all copies in any form. In such event, the
License and rights granted hereunder shall expire and you shall have
no further rights or access to the Licensed Software.
The Licensed Software is provided as is without warranty of any
kind, either expressed or implied, including, but not limited to,
non-infringement and the implied warranties of merchantability and
fitness for a particular purpose. The entire risk as to the quality
and performance of the Licensed Software is with you. If the
Licensed Software proves defective, you (and not ITS Group Information Technology or an
authorized dealer) assume the entire cost of all necessary
servicing, repair or correction.
Some jurisdictions do not allow the exclusion of implied
warranties, so the above exclusion may not apply to you. This
warranty gives you specific legal rights and you may also have other
rights which vary from jurisdiction to jurisdiction.
ITS Group Information Technology does not warrant that the functions contained in the
Licensed Software will meet your requirements or that the operation
of the software will be uninterrupted or error free.
Limitations of Remedies
In no event will ITS Group Information Technology be liable to you for any damages,
including any lost profits, lost savings or other incidental or
consequential damages arising out of the use or inability to use the
Licensed Software even if ITS Group Information Technology or any authorized dealer has
been advised of the possibility of these damages, or for any claim
by any other party. The liability for damages of ITS Group Information Technology under
this agreement shall in no event exceed the greater of $10 or the
license fee paid to ITS Group Information Technology for the copy of the software which
resulted in the damages. Some jurisdictions do not allow the
limitation of liability for incidental or consequential damages so
the above limitation or exclusion may not apply to you.
You may use the Licensed Software solely for your own internal
use. Any other use of the Licensed Software (including without
limitation: timesharing, rental, facility management or service
bureau usage) is strictly prohibited.
You may not sell, lease, assign, sublicense or otherwise
transfer, in whole or in part, this License Agreement, the License,
the Licensed Software and other ITS Group Information Technology - provided materials, or
any licenses or rights granted hereunder, except as approved by
ITS Group Information Technology in writing.
The License granted hereunder is for the object code version of
the Licensed Software only. You shall not, and shall not permit
anyone under your direction or control to, reverse engineer,
disassemble or de-compile the Licensed Software or attempt to do so.
You may not modify, adapt, translate or create derivative works of
the Licensed Software without ITS Group Information Technology's express written consent,
except as expressly provided for in this License. If the purchase
order, invoice or other documentation pursuant to which you licensed
the Licensed Software indicates certain equipment on which the
Licensed Software may be used (the "Designated Equipment"), no
license is granted for use of the Licensed Software on other than
the Designated Equipment. In the event that, and only for so long
as, the Designated Equipment is not operative, you may transfer to
and use the Licensed Software on backup equipment at the "Designated
Site," as set forth in the Invoice, or some other site, for so long
as the Designated Equipment remains inoperative.
For a period of twelve (12) months following your acceptance of
the Licensed Software, ITS Group Information Technology will provide you the following
maintenance and support services related to the Licensed Software
("Support Services") free of charge: (i) Updates, and (ii)
reasonable access by telephone and/or the Internet to ITS Group Information Technology's
technical staff during ITS Group Information Technology's regular business hours, up to a
maximum of two (2) hours per month. ITS Group Information Technology may, in its sole
discretion, require you to purchase and/or install certain Updates
within a specified time period after their release, and may modify,
suspend or terminate the Support Services, in whole or in part, upon
your failure to timely do so, without liability or obligation to
you. Nothing herein shall be construed as requiring ITS Group Information Technology to
support more than the most recent release of the Licensed Software.
ITS Group Information Technology reserves the right, at its sole discretion, to limit
or cancel support for any version of the Licensed Software, Updates,
or other software program that has become obsolete or has been
superceded by more recent versions. ITS Group Information Technology may terminate
provision of the Support Services at any time, without notice to
you, if it ceases to provide such services to its licensees
ITS Group Information Technology's logos, product names, software manuals,
documentation, and other support materials are either patented,
copyrighted, trademarked, constitute valuable trade secrets (whether
or not any portion of them may be copyrighted or patented) or are
otherwise proprietary to ActiveState. You agree not to remove any
product identification or notices of proprietary restrictions.
ITS Group Information Technology may amend the terms and conditions of this License
Agreement at any time by a notice on its web site, which amended
terms shall be binding upon you; accordingly, you are urged to visit
the ITS Group Information Technology web site periodically to review the then current and
effective terms and conditions for use of the Licensed Software.
This agreement is governed by the laws of Alberta,
You acknowledge that you have read this agreement, understand it,
and agree to be bound by its terms and conditions. You further agree
that this agreement is the complete and exclusive statement of the
agreement between us and that such agreement supersedes any proposal
or prior agreement, oral or written and any other communications
between us relating to the subject matter of this agreement.
If you have any questions concerning this agreement, you may
contact ITS Group Information Technology at
call us today 780 - 619 - 7756 for a FREE Consultation.