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So Protect Me – End User License Agreement (EULA)
Notice to user:
Please read this agreement carefully. By copying, installing or using all or any portion of the Software, you accept all the terms and conditions of this agreement.
You agree that this agreement is like any written negotiated agreement signed by you. This agreement is enforceable against you and any legal entity that obtained the Software and on whose behalf it is used. If you do not agree to the terms of this agreement, do not install the Software.
So Protect Me, or its licensors, own all intellectual property in the Software. The Software is licensed for your use, and is not sold to you. So Protect Me permits you to copy, download, install, use, or otherwise benefit from the functionality or intellectual property of the Software only in accordance with the terms of this agreement, and subject to the payment of all license fees and charges relating to the Software.
1. Definitions
"Company" means So Protect Me Limited, a company operating under the laws of England, with registered number 05886262;
"Computer" means a computer device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions;
"Internal Network" means a private, proprietary network resource accessible only by employees (including temporary employees) of a specific corporation or similar business entity or a home network accessible only by members of the household. Internal Network does not include the internet or any other network community open to the public, including but not limited to membership or subscription driven groups, associations and similar organizations;
"Permitted Number" means one (1) unless otherwise indicated under a valid license (e.g., volume license) granted by Company;
"Software" means (a) including but not limited to (i) software files and other computer information provided by Company; (ii) related Documentation; and (b) any modified versions and copies of, and upgrades, updates and additions to, such information, provided to you by Company at any time, to the extent not provided under a separate agreement (collectively, Updates).
“Updates” means any bug fix, error correction, or other minor modification to the Software as determined by Company at Company’s sole discretion from time to time;
“Upgrades” means a modification to the existing version of the Software which adds new features or functionality as determined by Company at Company’s sole discretion from time to time.
2. Software license
As long as you obtained the Software from Company or one of its authorized licensees and as long as you comply with the terms of this agreement, Company grants you a non-exclusive, non-transferable license to use the Software in the manner and for the purposes described in the documentation, as further set forth below. See section 16 for specific provisions.
2.1 General use. You may install and use one copy of the Software on up to the Permitted Number of your compatible Computers; or
2.2 Server deployment. You may install the Permitted Number of copies of the Software on the Permitted Number of Computer file server(s) within your Internal Network for the purpose of downloading and installing the Software on up to the Permitted Number of other Computers within the same Internal Network; or
2.3 Server use. You may install the Permitted Number of copies of the Software on the Permitted Number of Computer file server(s) within your Internal Network for the purpose of using the Software through commands, data or instructions (e.g., scripts) from another Computer within the same Internal Network, provided that the total number of users (not the concurrent number of users) that are permitted to use the Software on such Computer file server(s) does not exceed the Permitted Number. No other network use is permitted, including, but not limited to use of the Software, either directly or through commands, data or instructions, (i) from or to a Computer not part of your Internal Network, for internet or web hosting services, (ii) by any user not licensed to use this copy of the Software under a valid license from Company, or (iii) as a component of a system, workflow, or service, accessible by more than the Permitted Number of users.
2.4 Backup copy. You may make a reasonable number of backup copies of the Software, provided your backup copies are not installed or used for other than archival purposes.
3. Intellectual property ownership
The Software and any authorized copies that you make are the intellectual property of and are owned by Company. The structure, organization and code of the Software are the valuable trade secrets and confidential information of Company. The Software is protected by law, including but not limited to the copyright laws of England. Except as expressly stated herein, this agreement does not grant you any intellectual property rights in the Software and all rights not expressly granted are reserved by Company.
4. Restrictions
4.1 Notices. You may not copy the Software except as set forth in section 2 and 16. Any permitted copy of the Software that you make must contain the same copyright and other proprietary notices that appear on or in the Software.
4.2 No modifications. You may not modify, adapt or translate the Software. You may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software except to the extent you may be expressly permitted under applicable law to decompile only in order to achieve interoperability with the Software.
4.3 No unbundling. The Software may include various applications, utilities and components, may support multiple platforms and languages and may be provided to you on multiple media or in multiple copies. Nonetheless, the Software is designed and provided to you as a single product to be used as a single product on Computers as permitted by sections 2 and 16. You are not required to use all component parts of the Software, but you may not unbundle the component parts of the Software for use on different Computers. You may not unbundle or repackage the Software for distribution, transfer or resale.
4.4 No reverse engineering. You may not reverse engineer, decompile, disassemble, or otherwise attempt to derive source code (or the underlying ideas, algorithms, structure or organization) from the Software, except and only to the extent that applicable law, notwithstanding this limitation, expressly permits it. If you undertake to decompile the Software pursuant to rights accorded under the EC Council Directive 14 May 1991 on the legal protection of software (“the Directive”), you shall (i) give Company sixty (60) days written notice of your intention, (ii) permit Company representatives to be present for the decompilation, (iii) covenant that information obtained shall only be used in a manner consistent with Articles 6.2 and 6.3 of the Directive, and (iv) covenant that decompilation shall only take place, and all information obtained from such decompilation shall be retained, within the Member States of the European Union.
4.5 No transfer. You may not rent, lease, sell, sublicense, assign or transfer your rights in the Software, or authorize any portion of the Software to be copied onto another individual or legal entity`s Computer except as may be permitted herein.
5. Upgrades and Updates
If the Software is an Upgrade or Update to a previous version, you must possess a valid license to such previous version in order to use such Upgrade or Update. All Upgrades and Updates (including maintenance fixes) are provided to you on a license exchange basis. You agree that by using an Upgrade or Update you voluntarily terminate your right to use any previous version. As an exception, you may continue to use previous versions of Company software in the transition to the Upgrade or Update, provided that the Upgrade or Update and the previous versions are installed on the same Computer. Upgrades and Updates may be licensed to you by Company with additional or different terms.
6. Limited warranty
Except as may be otherwise provided in section 16, Company warrants to the individual or entity that first purchases a license for the Software for use on Computers pursuant to the terms of this agreement that the Software will perform substantially in accordance with the documentation for the sixty (60) day period following receipt of the Software when used on the recommended operating system and hardware configuration. Company does not warrant that the Software will meet licensee’s requirements or that operation of the Software will be uninterrupted or error-free. Unauthorised modifications to the Software, either made with the knowledge of the licensee or made indirectly without the knowledge of the licensee by malware will render this limited warranty null and void. Non-substantial variation of performance from the documentation does not establish a warranty right. This limited warranty does not apply to patches, evaluation, or demonstration copies of Software, or websites or online services (see section 16). All warranty claims must be made, along with proof of purchase, within such sixty (60) day period. If the Software does not perform substantially in accordance with the documentation, the entire liability of Company and its affiliates and your exclusive remedy will be limited to either, at Company’s option, replacement of the Software or refund of the license fee you paid for the Software.
7. Disclaimer
The foregoing limited warranty is the only warranty made by Company and its affiliates and states the sole and exclusive remedies for Company, its affiliates or suppliers` breach of warranty. Except for the foregoing limited warranty, Company and its affiliates and suppliers provide the Software as-is and expressly disclaim all other warranties, conditions, representations or terms, express or implied, whether by statute, common law, custom, usage or otherwise as to any matter, including but not limited to performance, security, non-infringement of third party rights, integration, merchantability, quiet enjoyment, satisfactory quality or fitness for any particular purpose. The provisions of sections 7 and section 8 will survive the termination of this agreement, howsoever caused, but this will not imply or create any continued right to use the Software after termination of this agreement.
8. Limitation of liability
Except for the exclusive remedy set forth above and as otherwise provided in section 16, in no event will Company or its affiliates or suppliers be liable to you for any loss, damages, claims or costs whatsoever including any consequential, indirect or incidental damages, any lost profits or lost savings, any damages resulting from business interruption, personal injury or failure to meet any duty of care, or claims by a third party, even if a Company representative has been advised of the possibility of such loss, damages, claims or costs. The foregoing limitations and exclusions apply to the extent permitted by applicable law. Company’s aggregate liability and that of its affiliates and suppliers under or in connection with this agreement will be limited to the amount paid for the Software, if any. This limitation will apply even in the event of a fundamental or material breach or a breach of the fundamental or material terms of this agreement. Company is acting on behalf of its affiliates and suppliers for the purpose of disclaiming, excluding and limiting obligations, warranties and liability, but in no other respects and for no other purpose.
9. Governing law
This agreement will be governed by and construed in accordance with the laws of England.
10. General provisions
If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of this agreement, which will remain valid and enforceable according to its terms. This agreement will not prejudice the statutory rights of any party dealing as a consumer. This is the entire agreement between Company and you relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.
12. Compliance with licenses
If you are a business, company or organization, you agree that upon request from Company or its authorized representative you will within thirty (30) days fully document and certify that use of any and all Company software at the time of the request is in conformity with your valid licenses from Company.
13. Termination
Without prejudice to any other rights, Company may cancel this agreement if you breach its terms and conditions, in which case you must destroy all copies of the Software and all of its component parts. All of the terms and conditions of this agreement shall survive termination with the exception of the licences as defined in section 2. Termination is not an exclusive remedy and all other remedies will be available to Company whether or not the license is terminated.
14. U.S. Government restricted rights
The Software and documentation are provided with restricted rights. Use, duplication, or disclosure to the Government of the United States, agencies of the United States government or to contractors acquiring licenses and sublicenses under government contracts is only permitted if it is acknowledged and agreed by all parties that the Software was developed entirely at private expense, that the Software is “commercial computer software” and that use, duplication and disclosure rights are subject to the restrictions stated in the Rights in Technical Data and Computer Software Clause at DFARS or in the Commercial Computer Software Restricted Rights clause at FAR, as appropriate. Use is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software—Restricted Rights at 48 CFR 52.227-19, as applicable.
15. Force Majeure
With the exception of payment of monies, neither party will be liable for any failure to perform its obligations due to circumstances beyond its reasonable control or which make performance commercially impractical, including, but not limited to, fire, storm, flood, earthquake, explosion, accident, acts of a public enemy or rebellion, insurrection, riot, civil commotion, strikes or other labour disputes, sabotage, epidemic, quarantine, judicial action and any other such external circumstances. If the force majeure event lasts longer than sixty (60) days Company may terminate this agreement by providing notice to such effect.
16. Specific provisions and exceptions
This section sets forth specific provisions related to certain components of the Software as well as limited exceptions to the above terms and conditions. To the extent that any provision in this section is in conflict with any other term or condition in this agreement, this section will supersede such other term or condition.
16.1 Pre-release software additional terms. If the Software is pre-commercial release or beta software ("pre-release software"), then this section applies. The pre-release software is a pre-release version, does not represent final product from Company, and may contain bugs, errors and other problems that could cause system or other failures and data loss. Company may never commercially release the pre-release software. You will return or destroy all copies of pre-release software upon request by Company or upon Company`s commercial release of such software. Your use of pre-release software is at your own risk. See sections 7 and 8 for warranty disclaimers and liability limitations which govern pre-release software.
16.2 Tryout, product sampler, NFR (not for resale), additional terms. If the Software is tryout, starter, product sampler, or NFR software ("tryout software"), then the following section applies. The tryout software may contain limited functionality and is to be used for demonstration and evaluation purposes only and not for your commercial purposes. Your use of tryout software is at your own risk. See sections 7 and 8 for warranty disclaimers and liability limitations which govern tryout software.
16.3 Time-out software. If the Software is a timeout version then it will cease operations after a designated period of time or number of launches following installation. The license hereunder will terminate after such period or number of launches unless extended by Company upon your acquisition of a full retail license. Access to any files or output created with such software or any product associated with such software is entirely at your own risk.
16.4 Online services
16.4.1 The Software may rely upon or facilitate your access to websites maintained by Company or its affiliates or third parties offering goods, information, software and services ("online services"). Your access to and use of any website is governed by the terms, conditions, disclaimers and notices found on such site. Company may at any time, for any reason, modify or discontinue the availability of any website and online services.
16.4.2 Company does not control, endorse or accept responsibility for websites or online services offered by third parties. Any dealings between you and any third party in connection with a website or online services, including delivery of and payment for goods and services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party.
16.4.3 Except as expressly agreed by Company or its affiliates or a third party in a separate agreement, your use of websites and online services is at your own risk under the warranty and liability limitations of sections 7 and 8.
If you have any questions regarding this agreement or if you wish to request any information, please contact us at info@soprotectme.com.
So Protect Me, Safe4Kidz, So Protect Me Blocker, Challenge Card Blocker, Zero Tolerance Blocker, Site Blocker, Application Blocker are either the registered trademarks or trademarks of So Protect Me Limited.
EULA ref SPM-20060001-10013