HOPLITE INDUSTRIES, INC. SOFTWARE END-USER LICENSE AGREEMENT, (“HOPLITE”) IS WILLING TO PERMIT YOU TO USE THE SOFTWARE (AS DEFINED BELOW) AS AN INDIVIDUAL, THE COMPANY, OR THE LEGAL ENTITY THAT WILL BE UTILIZING THE SOFTWARE (REFERENCED BELOW AS “YOU” OR “YOUR”) ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS USAGE AGREEMENT (THE “AGREEMENT”) AND A CORRESPONDING ACTIVE COMMERCIAL SOFTWARE SUBSCRIPTION AGREEMENT. THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND HOPLITE. BEFORE DOWNLOADING, INSTALLING OR USING THE SOFTWARE, PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, THEN HOPLITE IS UNWILLING TO PERMIT YOU TO USE THE SOFTWARE, IN WHICH CASE YOU SHOULD NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE. BY DOWNLOADING, INSTALLING OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
1. Use of the Software
Use of the Software. The Software that accompanies this Agreement (the "Software") is the property of HOPLITE or its licensors and is protected by copyright law. Upon Your acceptance of these terms and conditions, you may download and use the Software until the earlier of either (a) the completion of the services for which use of this Software is required, or (b) until such time as the Software automatically deactivates and becomes non-operational. You may not (i) sublicense, rent, sell or lease any portion of the Software or otherwise provide the Software to a third party; (ii) reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software or create derivative works from the Software; or (iii) use the Software in any manner not authorized by this Agreement.
2. Collected Information
Collected Information. The Software may collect certain information from your computer for the purpose of analyzing, diagnosing and identifying network security issues with Your computer network and computer systems, and for evaluating technical issues and trends to improve HOPLITE’s products generally. The collected information may include (1) system information, including: operating system platform, language and version; available memory and disk space; CPU type; internet browser type; Internet Protocol (IP) address, firewall type and network connection information; (2) HOPLITE product information, including the name and version number of HOPLITE products installed on your computer and HOPLITE product subscription and activation status; and (3) installation and event log file errors and/or warnings, including information on the installation process for the HOPLITE products installed on your computer. The collected information will be sent to HOPLITE via an a secure connection. The information will be held by HOPLITE in electronically secured database files at physically secure data centers located in the United States, and will not be correlated with any personally identifiable information.
3. WARRANTY DISCLAIMER
WARRANTY DISCLAIMER. THE SOFTWARE IS PROVIDED “AS IS,” EXCLUSIVE OF ANY WARRANTY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR ANY OTHER WARRANTY, WHETHER EXPRESSED OR IMPLIED.
4. DISCLAIMER OF DAMAGES
DISCLAIMER OF DAMAGES. SOME STATES AND COUNTRIES, INCLUDING MEMBER COUNTRIES OF THE EUROPEAN ECONOMIC AREA, DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE BELOW LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HOPLITE OR ITS LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF HOPLITE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL HOPLITE’S OR ITS LICENSORS’ LIABILITY EXCEED ONE U.S. DOLLARS (U.S. $1.00).
5. U.S. Government Restricted Rights
U.S. Government Restricted Rights. The Software is deemed to be commercial computer software as defined in FAR 12.212 and subject to restricted rights as defined in FAR Section 52.227-19 "Commercial Computer Software - Restricted Rights" and DFARS 227.7202, “Rights in Commercial Computer Software or Commercial Computer Software Documentation”, as applicable, and any successor regulations. Any use, modification, reproduction release, performance, display or disclosure of the Software by the U.S. Government shall be solely in accordance with the terms of this Agreement.
6. Export Regulation
Export Regulation. The Software is subject to export controls administered by the United States and other countries. Diversion contrary to U.S. law is strictly prohibited. You agree to comply with the requirements of the Export Administration Regulations (the “EAR”) and all applicable international, national, state, regional and local laws, and regulations, including any applicable import and use restrictions. The Software is currently prohibited for export or re-export to Cuba, North Korea, Iran, Iraq, Libya, Syria and Sudan or to any country subject to applicable trade sanctions. You agree not to export, or re- export, directly or indirectly, the Software to any country outlined in the EAR, nor to any person or entity on the Department of Commerce Denied Persons, Entities and Unverified Lists, the U.S. Department of State’s Debarred List, or on the U.S. Department of Treasury's lists of Specially Designated Nationals, Specially Designated Narcotics Traffickers, or Specially Designated Terrorists, as revised from time to time. Furthermore, You agree not to transfer, export, or re-export, the Software to any military entity or any other entity for any military end use in connection with weapons of mass destruction, nor will You transfer or use the Software for use in connection with chemical, biological, or nuclear weapons or missiles capable of delivering such weapons, unless authorized under the EAR. By downloading, installing or using the Software, You are agreeing to the foregoing and all applicable export and import control laws. You are also warranting that You are not under the control of, located in, or a resident or national of any prohibited country or on any lists above. The information on export laws provided herein is not necessarily complete. For more information on export laws, please contact the U.S. Department of Commerce, Bureau of Industry and Security (the “BIS”). More information on the BIS can be found at: http://www.bis.doc.gov/.
7. General Terms
General Terms. This Agreement will be governed by the laws of the State of California, United States of America. This Agreement is the entire agreement between You and HOPLITE relating to the Software and: (i) supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter; and (ii) prevails over any conflicting or additional terms of any quote, order, acknowledgment, or similar communications between the parties. This Agreement shall terminate upon Your breach of any term contained herein and You shall cease use of and destroy all copies of the Software. The disclaimers of warranties and damages and limitations on liability shall survive termination. This Agreement may only be modified by a written document that has been signed by both You and HOPLITE. Should You have any questions concerning this Agreement, or if You desire to contact HOPLITE for any reason, please write to: (i) HOPLITE INDUSTRIES, INC. PO Box 1274 Bozeman, MT 59771, U.S.A.