WebArmor TERMS OF LICENSE
IMPORTANT - READ CAREFULLY: This Television Computer, Inc. ("TCI") End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Television Computer, Inc. for the WebArmor(tm) software product ("SOFTWARE"). By installing or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree with these terms and conditions, do not install the SOFTWARE.
The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. This SOFTWARE is licensed, not sold.
- GRANT OF LICENSE. TCI grants to you as an individual, a personal, nonexclusive license to use the SOFTWARE in the manner provided below. The license grants the right to use the SOFTWARE on one (1) web site only, and for use only by its "owner/author" as defined in a U.S. copyright registration for making authorized copies. The SOFTWARE provides the features described in documentation provided at http://webarmor.com, including a subscription to an "AUTHENTIFICATION SERVICE." If you are an entity, TCI grants you the right to designate one individual within your organization to have the right to use the SOFTWARE in the manner provided below.
DESCRIPTION OF OTHER RIGHTS & LIMITATIONS
- Installation. For the purposes of this agreement, the SOFTWARE is not INSTALLED until it is AUTHENTICATED by the www.authenticator.com website. Until the SOFTWARE is AUTHENTICATED, it is neither operable or licensed for use for your web site. This TCI product is only attainable as a download from either the www.webarmor.com or www.itsmine.com websites. You may install one copy of the SOFTWARE per website.
- Software Use. You may use the SOFTWARE for its sole intended purpose which is a subscription to create a daily, weekly, monthly, surfable, web site archive with authenticated time-date-owner signatures for either your web site or the web site of a party that you believe is infringing your copyright.
Anyone buying a subscription can also offer the "armoring" service to another party. Therefore, if you are an Internet Service Provider ("ISP"), you can sell this subscription of copyright assurance to your customers.
- Annual License. The annual SOFTWARE license is for twelve (12) months. The license agreement starts when the SOFTWARE is "AUTHENTICATED" as described in the Installation paragraph of section 1.
- Payment. The SOFTWARE can only be purchased from either the www.webarmor.com or www.itsmine.com websites. VISA, MasterCard, American Express, or Purchase Order (upon approved credit) are the acceptable methods of payment. In the event your credit card or check are not valid, TCI will immediately terminate your use of WebArmor. TCI will attempt to notify you by e-mail of your termination, but unfortunately we can not promise your receipt of this notification.
SUBSCRIPTION UPDATES. Upon receipt of future subscription updates of the SOFTWARE (an "UPDATE"), you may use the UPDATE only in conjunction with your then-existing SOFTWARE. The SOFTWARE and all UPDATES are licensed as a single product and the UPDATES may not be separated from the SOFTWARE for use by more than one user at any time.
- Limitation on Reverse-Engineering, Decompilation, and Disassembly. You may not reverse-engineer, decompile, disassemble or translate the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law, notwithstanding this limitation.
- Separation of Components. The SOFTWARE is licensed as a single product. Its component parts may not be separated for use on more than one computer.
- Termination. Without prejudice to any other rights, TCI may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE and all of its component parts.
EXPORT RESTRICTIONS. You agree that you will not directly or indirectly, export or transmit the SOFTWARE or related documentation and technical data (or any part thereof), or process, or service that is a direct product of the SOFTWARE to any country to which such export or transmission is restricted by any applicable U.S. regulation or statute, without prior written consent, if required, of the Bureau of Export Administration of the U.S. Department of Commerce, or such other governmental entity as may have jurisdiction over such export or transmission.
COPYRIGHT. All title and copyrights in and to the SOFTWARE, including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE, the accompanying printed materials, and any copies of the SOFTWARE, are owned by TCI. The SOFTWARE is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material and refrain from making copies, except that you may make one copy of the SOFTWARE solely for backup or archival purposes.
GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 52.227-7013 or subparagraphs c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Television Computer, Inc./4616 Henry Street, Suite 200/Pittsburgh, PA 15213.
DISCLAIMER OF WARRANTY.
- No Warranties. The SOFTWARE is provided "as is" without warranty of any kind. To the maximum extent permitted by applicable law, TCI and its suppliers disclaim all warranties, either express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and any warranty against infringement, with regard to the SOFTWARE. The above exclusions may not apply to you. You may have other rights, which vary from state/jurisdiction to state/jurisdiction.
- No Liability for Consequential Damages. To the maximum extent permitted by applicable law, in no event shall TCI or its suppliers be liable for any damages whatsoever (including, without limitation, incidental, consequential or special damages, damage for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this TCI product, even if TCI has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
If you acquired this product in the United States, this Agreement is governed by the laws of the State of Pennsylvania. If you acquired this product outside the United States, local law may apply.