Golden Plains SoftwareTM System Surveillance ProTM License Agreement
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. IF THE SOFTWARE IS ALREADY INSTALLED AND YOU LATER VIOLATE THE TERMS OF THIS AGREEMENT YOU MUST UNINSTALL THE SOFTWARE.
This Agreement may be periodically amended by us without notice. You can review the most recent version of this Software License Agreement at http://www.gpsoftdev.com/sspsla.asp. If present at that location, that Agreement supersedes any and all prior or existing agreements between you and Golden Plains Software with respect to the subjects addressed herein.
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, file events and take screen snapshots. In addition this software provides the user the ability to display a notice, visible to users who log into the computer, as well as an icon in the computer "system tray", that indicate the software is running and that user activity is being monitored.
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 of the presence of the Software and that their activity on the machine is subject to being recorded (This may also be a requirement under certain state or federal laws). Users should not rely solely on the Software's user notification features for such advisement. It is strongly advised that companies have a written, employee accepted, policy that includes the fact that all computer activity, both business and personal, is subject to monitoring if it occurs on the machine on which the Software is installed.
You may not use the Software in any way that violates any local, state or federal laws.
Under certain circumstances, the interception of communications without the actual or implied consent of the involved parties 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.
Use of this Software for the illegal monitoring of others can place users in severe legal jeopardy. In certain locales such illegal use may include, but is not limited to, installing this software on machines you do not own, monitoring spouses without their knowledge, using this software for criminal financial gain, using this software to engage in "identity theft", using this software to engage in acts of "stalking" or otherwise violating any existing state or federal laws regarding the use of such monitoring software. Consult legal counsel should you have any questions as to the use of the Software under your specific circumstances.
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.
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 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.
Purchase of Upgrade Assurance allows users, within the Upgrade Assurance covered term, to freely upgrade their installation(s) of the Software to the current release version. Customers are advised that there are no guarantees that future versions of the Software will be released only that if such releases are made that they will be free of charge to the customer. In no case shall payment for Upgrade Assurance be refunded should future versions of the Software not be released.
The Software is made available as both an "Internet/Online" and "Network/Offline" installation. Users are advised that use of the "Internet/Online" installation file may not always result in a successful installation. Customers are advised to download and save the full "Network/Offline" installation file for any future installations. The "Network/Offline" installation file is available to customers at the time of purchase via links provided in their emailed purchase receipt. In no event shall the payment for the Software be refunded due to the inability to re-install the Software.
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.
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. The Software must be removed from any machine on which it is installed prior to the disposal or transfer of ownership of that machine. Golden Plains Software reserves the right at any time, without liability or prior notice, to modify or discontinue, temporarily or permanently, the services offered on its website(s), this Agreement, the Software or the Software's documentation and related materials.
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.
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.
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.
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.
The Software may not be compatible with all chat programs, web browsers, other programs 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, file events or websites visited. Software may be unable to block all programs or types of programs specified in the "program blocking" settings areas. The Software's keyword blocking features may not always detect the existence of such keywords in the webpages, chat conversations or instant messages in which they occur. The "blocked" status displayed in web, chat and program log files indicates that a blocking command was sent to the target program (e.g. web browser, chat program) however there is no guarantee that the blocking event was successful. Unsuccessful blocking can be the result of software incompatibility issues, third-party software interference or user interference. The software may not be compatible with all future versions of computer 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 removed in whole or in part from a machine or otherwise be interfered with 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 remove or otherwise interfere with the Software's functionality. Golden Plains Software makes no claims of "invisibility" or "stealth" as it relates to the Software's performance on the machine (In fact, all users on the machine are required to be notified of the Software's presence). 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 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.
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.
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 please contact firstname.lastname@example.org.