NetSafeGuard Free Trial
NetSafeGuard Free Trial License Agreement
Please read these Terms and Conditions carefully prior to
downloading and using this software. The act of downloading
NetSafeGuard (the Software) constitutes a legally binding agreement
between the Client and Science Technology Institute Pty. Ltd.
(SciTechI) the developer and owner of the Software, without any further
acceptance or acknowledgement required.
1. Definitions
NetSafeGuard Software Subscription is subject to the Term and
Conditions set forth herein, including and not limited to Subscription
Fees, Agreement Terms, Software Licensing Terms, Usage Terms, Client
representations, and Warrantee Statement.
a. "Software" means NetSafeGuard Software owned by SciTechI , which
encompasses any upgrades, modified versions, updates, additions and
copies of the Software. All references to the Software include the
NetSafeGuard Documentation user guides, any documentation, technical
data, images, and all other related materials.
b. "Use" means storing, loading, installing, executing, or displaying the Software on any device.
c. "Product" means the downloadable Software product and its documentation as at the time of the download.
d. "License" means the Software Subscription license grant and general license terms set forth herein.
"Terms of Use" means any and all prohibitions and restrictions on Use.
f. "Term of Agreement" means the period from the date a Free
Subscription begins to the date of termination by either the user or
SciTechI.
g. "Subscriber" (sometimes referred to as "the Client") legally
defines the individual, company, or any entity that accepts the Free
Subscription under this Agreement.
h. "Client" means Subscriber and any entity or individual who uses the
Software through the Subscriber's Free Subscription.
i. "The Agreement" means this entire Software Subscription and License Agreement.
j. "Updates" means a product similar to the original Product
downloaded, but updated to include those features and fixes that are
included in the current release.
k. "Upgrade" means a new release of the Product that includes a substantial new facility or capability.
2. Subscription Terms
a. Free Subscriber receives a License as described below. SciTechI
will provide updates to the Software, such as correction of "bugs" and
certain limited improvements to existing functionality as SciTechI
chooses to provide. The Free Subscription does not include the right to
receive any Upgrades, Updates or new product releases by SciTechI.
SciTechI will in its own discretion determine whether and on what terms
any Upgrade, Reissue or new product release will be made available to
Free Subscribers.
b. The Free Subscription entitles Client to receive limited support
as deemed appropriate by SciTechI to constitute reasonable support.
c. SciTechI hereby grants the Client a non-exclusive,
non-transferable, license subject to the Terms and Condition herein, to
use this trial version of the Software for demonstration and evaluation
purposes only.
d. The Software will cease to function in thirty (30) days from the download date.
e. SciTechI may immediately terminate the Subscription and Software
License without prior notice for failure to comply with any terms of
the Agreement, including Software License terms or Terms of Use.
Immediately upon termination, Client will no longer have any right to
Use the Software.
f. Subscriber may not assign or transfer this Agreement. Any such
attempted assignment or transfer will render the Agreement null and
void. SciTechI may terminate the Agreement in the event of any such
attempted assignment or transfer.
g. By accepting the Agreement and purchasing this Subscription,
Subscriber represents and warrants that, if a natural person,
Subscriber is at least 18 years of age and/or is otherwise legally able
to enter into a binding contract on their own behalf or on behalf of
any entity accepting the Free Subscription.
3. Licence Grant and Terms
a. During the Term of Agreement, subject to compliance with Terms
of Use and the Software License, Free Subscriber will have a license
that entitles a single user to download and Use the Software for Thirty
(30) days for trail and evaluation puposes.
b. The Software is owned, patented and copyrighted by SciTechI. The
Software License confers no title or ownership and is not a sale of any
rights in the Software. Client is granted only the right to Use the
Software without right of sublicense.
Title, ownership rights, and intellectual property rights, in and
to the Software shall remain in SciTechI and/or its subsidiaries. The
Client acknowledges the Software in source code form remains a
confidential trade secret of SciTechI and/or its subsidiaries. The
Client agrees the Software contains trade secrets and information
confidential to SciTechI and You agree to take all reasonable steps to
protect its copyright and confidentiality.
During the period the Agreement is in effect, and at all times
after its termination, Client and its employees and agents shall
maintain the confidentiality of this information, and not sell,
license, publish, display, distribute, disclose or otherwise make
available this information to any third party nor use such proprietary
information concerning the Software, including any flow charts, logic
diagrams, user manuals and screens, to persons not an employee of
Client without the prior written consent of SciTechI.
c. Client must retain all patent, copyright notices and other
proprietary legends in or on the original Software. Client may not
remove, or alter, any proprietary notices provided with the Software,
including with limitation, trademarks, copyright notices, trade names,
logos, patent or markings, or add any other notices or markings to the
Software.
d. Client may not: a) distribute, transfer, assign, loan, resell,
rent, sublicense, lease, use, adapt, copy, translate, copy onto any
public or distributed network. create derivative works of or modify the
Software; or b) decompile, recompile, reverse engineer, disassemble,
otherwise attempt to access or determine the source code of the
Software, or use any other technique to produce a human perceivable
form of the Software, reproduce or distribute the Software in any way
in whole or in part or create any derivative work based on the
Software. In the event Client breach any of these terms, the License to
Use the Software automatically terminates and Client must immediately
destroy any downloaded or printed materials.
e. Client may not export or re-export this software or any copy or
adaptation in violation of any applicable laws or regulations.
f. Client agrees the Software contains proprietary information
including trade secrets, and is a proprietary copyrighted product of
SciTechI protected by copyright laws and provisions of Australia and
Berne Convention treaty countries. All rights are reserved.
Title, ownership rights, and intellectual property rights, in and
to the Software shall remain in SciTechI and/or its subsidiaries.
Client acknowledge the Software in source code form remains a
confidential trade secret of SciTechI and/or its subsidiaries. Client
agrees the Software contains trade secrets and information confidential
to SciTechI, and Client agree to take all reasonable steps to protect
its copyright and confidentiality.
Client hereby agrees to abide by the applicable copyright laws, and
all other applicable laws including, but not limited to, export control
laws. know how and confidential information that is the exclusive
property of SciTechI.
During the period the Agreement is in effect, and at all times
after its termination, Client, and/or its employees and/or agents shall
maintain the confidentiality of this information and not sell, license,
publish, display, distribute, disclose or otherwise make available this
information to any third party nor use such proprietary information
concerning the Software, including any flow charts, logic diagrams,
user manuals and screens, to persons not an employee of Client without
the prior written consent of SciTechI.
g. Any content accessed through the Software is the property of
the applicable content owner and may be protected by applicable
copyright law. This License gives the Client no rights to such content.
4. Disclaimers and Limitations
a. SciTechI makes no claims or representations as to the Software's
performance and suitability for any purpose, or that it will function
on any particular device or be compatible with any particular operating
system.
The Software is provided "As Is" without Warranties or performance
claims of any kind, whether oral, written, expressed or implied by
SciTechI and/or its subsidiaries affiliates, directors, officers,
employees, authorised agents or distributors.
b. SciTechI and/or its subsidiaries affiliates, directors,
officers, employees, authorised agents or distributors, specifically
disclaims any liability for any direct, incidental, punitive,
consequential or other damages which the Client, or any party, may
incur or experience (including, without limitation, damages for loss of
profits, business interruption, loss of data, and other incidental and
consequential damages) arising from the possession, use or inability to
use the Software, or as a consequence of entering into or relying upon
the Agreement.
c. Client assumes any and all risk associated with the download,
installation and use of the Software, and is responsible for selecting
the Software for any intended use. Client acknowledge that SciTechI is
not liable in the event the Software does not meet Client requirements,
or will not operate free of errors or interruptions, or will not
function in your computing environment. Should the Software prove
defective, Client assume the entire cost of any and all necessary
servicing, repair, or correction.
d. To protect from any operation or failure of the Software, Client
agrees to maintain and secure adequate backup copies of all data that
may be accessible to the Software when in use.
f. In the event Client is trialing the Software on behalf of a
United States Government unit or agency, the following provisions
apply. The Government agrees: (i) if the Software is supplied to the
Department of Defence ("DOD"), the Software is classified as
"Commercial Computer Software" and the Government is acquiring only
"restricted rights" in the Software as that term is defined in Clause
252.227-7013(c)(1) of the DFARS; and (ii) if the Software is supplied
to any unit or agency of the United States Government other than DOD,
the Government's rights in the Software will be as defined in Clause
52.227-19(c)(2) of the FAR or, in the case of NASA, in Clause
18-52.227-86(d) of the NASA Supplement to the FAR.
g. Client may terminate this Agreement at any time by destroying
the Software and Documentation in their entirety, together with all
copies in any form.
h. Except to the extent allowed by local jurisdiction the Warranty
term do not exclude, restrict or modify, and are in addition to, any
and all mandatory statutory rights applicable to the License of
Software to the client, provided the convention or contractors for the
international sale of goods is specifically disclaimed and shall not
giver or apply top the Software provided in connection with this
Warranty statement.
5. Terms of Use
a. As a condition of Use of the Software, Client may not Use the
Software for any purpose that is unlawful or prohibited by the
Agreement. SciTechI reserve the right to suspend or terminate this Free
Subscription if the Software is used for an unauthorized purpose.
b. Client agrees not to use the Software or the Free Subscription
to interfere with or disrupt servers or networks accessible to the
Software.
c. Failure to comply with any Terms or Conditions of the agreement
automatically terminates same. Such termination shall be in addition
to, and not in lieu of, any criminal, civil or other remedies available
to SciTechI. Upon such termination Client agree to promptly destroy
their copies of the Software and related documentation, regardless of
the storage medium or form, and upon request, to provide SciTechI with
certification of such destruction.
d. SciTechI reserves the right to revise the Software, the
Documentation and the Agreement, and to make changes therein from time
to time without any obligation on the part of SciTechI to notify
Client, or any other entity, of such changes or revisions.
6. General Provisions
a. The Agreement, and any disputes arising hereunder, shall be
governed by and construed under the laws of the State of New South
Wales and Australia without regards to conflict of law principles.
Client expressly consents to the jurisdiction and venue in Sydney,
Australia over any disputes or matters arising from and related to the
Agreement. The parties hereby expressly exclude the application of the
U.N. Convention on Contracts for the International Sale of Goods to the
Agreement.
b. The language of this Agreement is to be construed as a whole,
according to its fair meaning and intent, and not strictly for or
against any party, regardless of who drafted or was principally
responsible for drafting this Agreement or any specific term or
condition of this Agreement. Words in any gender are deemed to include
the other genders. The singular is deemed to include the plural and
vice versa. The headings and paragraph titles are for guidance only and
have no significance in the interpretation of this Agreement.
c. Any waiver by SciTechI whether express or implied, of any breach
of any term, condition or provision of the Agreement, shall not be
construed to be continuing waiver or consent to any subsequent breach
by Client, or any other entity.
d. In the event any provision of the Agreement is construed to be
invalid, illegal or unenforceable, the remaining provisions of the
Agreement will not be affected thereby and will remain enforceable
without regard to that portion of the Agreement determined to be
unenforceable. Client may not make any verbal or written modification
concerning this Agreement or the Software.
e. Failure or delay in enforcing any right or provision of the
Agreement shall not be deemed a waiver of such right or provision with
respect to any subsequent breach. Provisions herein which by their
nature extend beyond the termination of any license of Software will
remain in effect until fulfilled.
f. The Agreement is the final, complete and exclusive agreement
between the parties relating to the subject matter hereof, and
supersedes any previous communications, representations or agreements
between the parties, whether oral or written, regarding transactions
hereunder. Client's additional or different terms and conditions will
not apply. This Agreement may not be changed except by an amendment
signed by an authorized representative of each party. No
representation, statement or condition not contained in this Agreement
has any force or effect.
g. The Subscription License is personal to the Client and the
Client agrees not to assign their rights herein. The Agreement sets
forth the entire agreement between the Client and SciTechI.
i. NetSafeGuard is a WordMark of Science Technology Institute Pty. Ltd.
Copyright © 2007 Science Technology Institute Pty. Ltd.. All Rights Reserved.
NetSafeGuard is marketed world wide by Finex Alliance Holdings Ltd, 16
Kyriacou Matsi Avenue, 3rd floor, 1081 Nicosia, Cyprus.
IMPORTANT
Selecting
the Agree button acknowledges the Client’s acceptance of this entire
Agreement, and to be legally bound by its Terms and Conditions.
