THIS END USER LICENSE AGREEMENT ("Agreement") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER ON BEHALF OF YOURSELF AS AN INDIVIDUAL OR ON BEHALF OF AN ENTITY AS ITS AUTHORIZED REPRESENTATIVE) AND THE AUTHOR (Author) OF BESTKEYLOGGER. PLEASE READ THIS AGREEMENT CAREFULLY AND PRINT OUT A COPY FOR YOUR RECORDS. THIS AGREEMENT SUPERSEDES PREVIOUS VERSIONS.
BY CLICKING ON THE "I Agree" BUTTON AND DOWNLOADING, INSTALLING, COPYING OR OTHERWISE USING BESTKEYLOGGER SOFTWARE YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, CLICK THE "CANCEL" BUTTON AND/OR DO NOT DOWNLOAD, INSTALL, COPY OR OTHERWISE USE THE SOFTWARE.
1. SOFTWARE: As used in this Agreement, the term "Software" refers to the Author's software which you have selected to download. The term "Software" also shall include any upgrades, modified versions or updates of the Software.
2. GRANT OF LICENSE: Subject to the terms of this Agreement, the Author hereby grants you a non-exclusive, non-transferable right to: (i) install the Software, (ii) use the Software for your internal use for the term of the license, and (iii) copy the Software for back-up or archival purposes. Notwithstanding the foregoing, you acknowledge and agree that, depending on the version (free or fully licensed) of Software, certain restrictions may apply to your use of the Software, and certain features of the Software ("Special Features") may be unavailable to you or available subject to certain limitations, as follows:
2.1 FREE VERSION: If you do not purchase and register a full license key for the Software, you will be unable to access the Special Features of the Software. Unless you pay the applicable license fee for the Software and install a full license key (as described in Section 6, "License Keys"), the Special Features of the Software will remain inoperable. In the event that you pay the applicable license fee for the Software and install a full license key, you will be able to access the Special Features of the Software for the term of the license.
2.2 FULLY LICENSED VERSION: If you paid the applicable license fee and got a fully licensed version of the Software, you will be able to access the Special Features of the Software for the term of the license. PLEASE NOTE THAT THE AUTHOR PROVIDES THE PRODUCT ON THE "TRY BEFORE YOU BUY" PRINCIPLE AND DOES NOT ACCEPT RETURNS OF THE PURCHASED COPY OF THE PRODUCT. YOU ARE PROVIDED WITH A FUNCTIONAL UNLICENSED VERSION OF THE PRODUCT THAT YOU ARE INVITED TO EVALUATE FOR AN EVALUATION PERIOD PURSUANT TO SECTION 2.1 BEFORE AGREEING TO PURCHASE THE FULL-VERSION LICENSE BY ORDERING THE APPLICABLE LICENSE KEY.
3. TECHNICAL SUPPORT: Subject to payment of the applicable license fee, the Author will provide you with technical support, free of charge, for the term of your license commencing on your payment of such license fee.
4. LICENSE RESTRICTIONS:
4.1 GENERAL: You may not: (i) reverse engineer, decompile, or disassemble the Software; (ii) modify, or create derivative works based upon the Software in whole or in part; (iii) distribute copies of the Software; (iv) remove any proprietary notices or labels on the Software; or (v) resell, lease, rent, transfer, sublicense, or otherwise transfer rights to the Software. Any use in violation of this Section shall immediately terminate your license to the Software.
4.2 CONFORMITY WITH APPLICABLE LAW: You agree that your use of the Software will conform to all laws applicable to you in your jurisdiction and any laws of other jurisdictions to which you may be subject, including international laws. You agree that use of the Software in conformity with those laws is your sole responsibility, that you have been informed of and given consent to your assuming that responsibility, and that the Author and the Software licensors are henceforth blameless for any use of the software by you that may be judged illegal in any jurisdiction.
5. THIRD PARTY SOFTWARE: Certain third party software included with the Software is subject to additional terms and conditions imposed by the Author's third party licensor(s). Such terms and conditions are contained in the "About" notice of the Software and are deemed incorporated herein by reference.
6. LICENSE KEYS: You acknowledge that the Software requires a license key, either the default free key or the full-version key that you must purchase. If you pay the applicable fee required for the full-version license for the Software, the Author will provide you a license key that will enable you to use the Software, including Special Features, during the term of the license. You agree not to purchase any license keys or similar computer code for the Software from any source other than the Author or the Author's authorized partners.
7. WARRANTY:
7.1 GENERAL: The Software is provided to you at minimal charge. The Author does not guarantee that use of the Software will be uninterrupted or error-free. The Author does not guarantee that the information accessed by the Software will be accurate or complete. You acknowledge that performance of the Software may be affected by any number of factors, including without limitation, technical failure of the Software, the acts or omissions of third parties and other causes reasonably beyond the control of the Author. Certain features of the Software may not be forward-compatible with future versions of the Software and use of such features with future versions of the Software may require purchase of the applicable future version of the Software.
7.2 AS IS SALE: EXCEPT FOR THE LIMITED WARRANTIES SET FORTH IN SECTION 7.1, YOU AGREE THAT THE AUTHOR AND ITS LICENSORS HAVE MADE NO EXPRESS WARRANTIES, ORAL OR WRITTEN, TO YOU REGARDING THE SOFTWARE AND THAT THE SOFTWARE IS BEING PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. YOU ACKNOWLEDGE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT THE AUTHOR, THE RETAILER, OR ANY DISTRIBUTOR) ASSUME THE ENTIRE COST OF ALL NECESSARY REPAIRS.
7.3 DISCLAIMER: THE AUTHOR DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT WITHOUT LIMITATION, (i) THE IMPLIED WARRANTIES OF NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (ii) THAT THE SOFTWARE WILL AVERT OR PREVENT ALL OCCURRENCES (OR THE CONSEQUENCES THEREFROM) THAT THE SOFTWARE IS DESIGNED TO DETECT AND/OR PREVENT; OR (iii) THAT ANY INFORMATION ACCESSED BY THE SOFTWARE WILL BE ACCURATE OR COMPLETE. THIS WARRANTY DISCLAIMER AFFECTS YOUR LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
8. PROTECTION OF YOUR PRIVACY: When you agree to this license agreement, you agree to send to HeavenWard the following: (i) the user name you select when registering this software, (ii) any information about your computer system necessary to license and install this software, such as computer name and computer, processor, and system versions and IDs, and (iii) program debugging information sent by the Software to HeavenWard under certain circumstances. HeavenWard does not share this information with any other third party. The Software does not collect any personal, personal identity, or sensitive information from your computer other than the information identified in this paragraph.
9. TERMINATION: This Agreement shall terminate automatically if you fail to comply with the terms of this Agreement. No notice shall be required from the Author to effect such termination. You may also terminate this Agreement at any time by notifying the Author in writing of termination. Upon any termination of this Agreement, you must uninstall and destroy all copies of the Software.
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