System Surveillance Pro - Software License Agreement

Golden Plains Software^TM System Surveillance Pro^TM License Agreement

IMPORTANT
THESE TERMS AND CONDITIONS CONSTITUTE THE ENTIRE LEGAL AGREEMENT BETWEEN YOU AND Golden Plains Software, LLC ("Golden Plains Software") CONCERNING THE PROPRIETARY System Surveillance Pro(tm) SOFTWARE PROGRAM (THE "Software") AND THE ACCOMPANYING USER DOCUMENTATION (THE "Documentation").

CAREFULLY READ THE LEGAL AGREEMENT. USE OF THE SOFTWARE PROVIDED WITH THIS AGREEMENT CONSTITUTES YOUR (THE "USER" and/or THE "BUYER") ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL AND/OR USE THIS SOFTWARE. USER'S USE OF OR INSTALLATION OF THIS SOFTWARE IS CONDITIONED UPON COMPLIANCE BY USER WITH THE TERMS OF THIS AGREEMENT. YOUR INSTALLATION, PURCHASE OR USE OF THIS SOFTWARE INDICATES YOUR ACCEPTANCE OF THIS LICENSE AGREEMENT AND WARRANTY.

NOTICE TO USERS
System Surveillance Pro is a software-based computer monitoring tool. To avoid any ambiguities as to its functions, the software will: log keystrokes entered, websites visited, programs run, IM chat sessions and take screen snapshots. In addition this software provides the user the option to display a notice, visible to users who log into the computer, as well as a icon in the computer "icon tray", that the software is running and that user activity is being monitored.

Under certain circumstances, the interception of communications without the actual or implied consent of the party may be unlawful. This software is designed for use when any required consents have been obtained, and is not intended for the surreptitious interception of communications.

GRANT OF LICENSE
Golden Plains Software grants you a non-exclusive license to install the Software on as many machines as your license model allows. Which licensing model you have depends on the model purchased (e.g. 2, 5, 10, 20 machine license). For your particular agreement ("X") will refer to your licensing model.

You may use one (1) copy of the Software on "X" computer(s) owned by you. You may transfer the Software from one computer to another, so long as you erase it from the old computer before loading it onto the new one or as your licensing model permits. You may install one (1) copy of SSPro in addition to your existing "X" licensed installations on a single machine provided the use of that installation is to merely view the logged activity of the other "X" installations and not to actively monitor the machine it is installed on. You may not reverse-engineer, disassemble, or decompile the Software. You may not analyze the Software with the intent of determining how it can be detected or preventing it's monitoring features from functioning. You may not create derivative works based on the Software. You may copy the Documentation for your own use. You may make a single backup copy of the Software. Resale or sublicensing is prohibited.

Golden Plains Software reserves the right at any time, without liability or prior notice, to change the features or characteristics of the Software, this Agreement, or the Software's documentation and related materials. The latest version of this Agreement may be posted at http://www.gpsoftdev.com/sspsla.asp.

OWNERSHIP
The Software is a proprietary product of Golden Plains Software LLC., and is protected under U.S. copyright law and international treaties. Any copy of the Software made by you in accordance with this Agreement shall contain Golden Plains Software's copyright notices. All intellectual property rights in and to the Software are retained by Golden Plains Software. Golden Plains Software(tm), System Surveillance Pro(tm) and SSPro(tm) are registered trademarks of Golden Plains Software, LLC.

TERM
This Agreement is effective upon your indicating your assent to its terms and conditions by installing or using the Software and shall continue until terminated. You may terminate this Agreement at any time by deleting all copies of the Software and Documentation, and any portions thereof, from the computer or network server on which they are installed and destroying all such copies. Golden Plains Software may terminate this Agreement if you breach any term of this Agreement. You will delete and destroy all existing copies of the Software and Documentation, and any portions thereof, on termination of this Agreement.

LIMITED WARRANTY
THE SOFTWARE AND THE DOCUMENTATION ARE LICENSED "AS IS," AND GOLDEN PLAINS SOFTWARE DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. Some states do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations and exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

LIMITATION OF LIABILITY
Golden Plains Software and its suppliers' cumulative liability to you and all other parties arising out of or relating to this Agreement shall not exceed the license fee paid by the User to Golden Plains Software for the use of the Software. Neither Golden Plains Software nor its suppliers shall be liable for any indirect, special, incidental or consequential damages or similar damages, including lost profits or lost data arising out of the use, misuse, or inability to use the Software, even if Golden Plains Software has been advised of the possibility of such damages. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

INDEMNIFICATION
User shall defend, indemnify and hold harmless Golden Plains Software, its officers, directors, contractors, agents and employees, from any and all claims or causes of action arising out of the use of or related to the Software, and pay any and all damages and expenses (including but not limited to attorney's fees incurred by Golden Plains Software and/or third parties) in connection therewith. Golden Plains Software reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User, in which event User shall cooperate with Golden Plains Software in asserting any available defenses.

EXPORT ASSURANCES
You may not download or otherwise export or re-export the Software or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations, including without limitation, the United States Export Administration Act, the Trading With the Enemy Act, the International Emergency Economic Powers Act and any regulations thereunder. Any transfer of technical data outside the United States by any means, including the Internet, is an export which is subject to export control requirements under US law. The Software may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident, wherever located, of) Cuba, Libya, North Korea, Iran, Iraq, Angola, Syria or any other country to which the US prohibits exports of goods or technical data; or (ii) to anyone on the US Treasury Department's Specially Designated Nationals List or the Table of Denial Orders issued by the Department of Commerce.

By downloading, installing or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list or table.

GOVERNING LAW
This Agreement shall be governed by the substantive laws of the State of Nevada and US federal law. The United Nations Convention for the International Sale of Goods shall not apply to this Agreement.

DISCLAIMER
The Software may not be compatible with all chat programs, web browsers, other installed software or all future versions of those programs installed on the computer(s) on which the Software has been installed. Software may not record all chat conversations, programs run, keystrokes typed or websites visited. The software may not be compatible with all future versions of machine operating systems. In no case shall any of these events entitle the User to a refund of the purchase price of the Software.

Golden Plains Software makes no guarantees that the Software will not be discovered or removed in whole or in part from a machine by users of such machines. Golden Plains Software makes no guarantees that various third-party security related programs such as anti-virus or anti-spyware scanning applications won't detect, remove or otherwise interfere with the Software's functionality. Because software platforms and associated software change with time, Golden Plains Software makes no guarantees that any or all of the Software's features or functionality will perform as expected now or in the future. In no case shall any of these events entitle the User to a refund of the purchase price of the Software.

This software contains features that allow for the emailing of logged data, alert emails and screen snapshots to a user-defined email address. The software may also be configured to store such data on network accessible locations such as, but not limited to, computer hard drives, network folder "shares" or remote storage devices. Golden Plains Software makes no assurances or guarantees that such data will be "secure" to any extent nor that such data will be protected against interception by others while in electronic transit, email or otherwise, during the time of transit or at any latter point in time.

REFUND POLICY
Users are given a fully functional free trial period to determine if the Software performs as expected prior to purchase. In no case shall payment for the Software be refunded and Buyer agrees that they are purchasing the Software on an "As Is" basis.

MISCELLANEOUS TERMS AND CONDITIONS
You may install and use the Software ONLY on machines owned by you or on machines for which you have been given explicit permission from the owner to use the Software on or to perform such an installation. If the machine is used by others, you must advise them to the presence of the Software and that their activity on the machine is subject to being recorded (This may be a requirement under certain state or federal laws). You may not use the Software in any way that violates any local, state or federal laws. Golden Plains Software may disclose the user's identity and contact information, if requested by a government or law enforcement entity, or as a result of a subpoena or other legal action. Golden Plains Software may assist users with the removal of the Software and inspection of its settings when a request for such information has been made. This includes those contacting Golden Plains Software regarding potential "unauthorized" installations of the Software on systems they own.

SEVERABILITY
In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license.

Should you have any questions concerning this Agreement or if you desire to contact Golden Plains Software for any reason, please contact: Golden Plains Software, LLC. Mail: 5130 S. Fort Apache Rd Suite 215-321, Las Vegas, NV 89148 USA. E-mail: sales@gpsoftdev.com.