NETGATE Internet Security 2008

NETGATE Internet Security 2008 License Agreement

Please read the terms and conditions of this license agreement ("License")

before installing Spy Emergency ("Software"). By installing and

using the Software you accept and agree to the terms of this License. This

License constitutes the entire agreement concerning the Software between

you and NETGATE Technologies s.r.o., Prievidza, Slovak Republic. If you do

NETGATE Internet Security 2008 License Agreement

Please read the terms and conditions of this license agreement ("License")

before installing Spy Emergency ("Software"). By installing and

using the Software you accept and agree to the terms of this License. This

License constitutes the entire agreement concerning the Software between

you and NETGATE Technologies s.r.o., Prievidza, Slovak Republic. If you do

not agree with these terms and conditions, immediately uninstall the Software.

The term "Software" includes, and these terms and conditions also apply to,

any updates, modifications and upgrades to the Software that you may receive.

I. License

This License permits you to use one copy of the Software for a single computer.

The enclosed documentation ("Documentation") may not be copied.

You agree that you will not sublicense, assign, transfer, distribute, pledge,

lease, rent or share your rights under this License except with prior written

permission from NETGATE Technologies s.r.o. You agree that you will

not modify, adapt or translate, or disassemble, decompile, reverse engineer

or otherwise attempt to discover the source code of the Software.

II. Rights

You acknowledge and agree that the Software and Documentation

("Licensed Products") are proprietary products of NETGATE Technologies s.r.o.

protected under copyright law of Slovak Republic, international copyright

law and treaties and disclosed to you by NETGATE Technologies s.r.o. in confidence.

You shall take all reasonable steps to safeguard the Licensed

Products. NETGATE Technologies s.r.o. owns and retains all copyright, trademarks,

trade secret and other proprietary rights in and to the Licensed Products.

This License conveys to you only a non-exclusive and limited right of use,

revocable in accordance with the terms and conditions of this License.

Unauthorized reproduction or distribution of this program, or any portion

of it, may result in severe civil and criminal penalties, and will be prosecuted

to the maximum extent possible under law.

III. Upgrades and support

All registered users may receive upgrades of the Software spyware

database. All registered users have right on technical support by

the technical support team.

IV. Ownership

The Software is licensed, not sold, to You for Your use only under the

terms of this Agreement, and NETGATE Technologies s.r.o. reserves all

rights not expressly granted to You. You own the media, if any, on which

the Software is recorded, but NETGATE Technologies s.r.o. retains

ownership of all copies of the Software itself.

V. Trial

If you are using the Software on a trial basis, and are authorized to do so,

then You shall have a license under this Agreement to use the Software for

the number of days indicated in the materials accompany the Software

("Trial Period") from the date You install it, solely for the purpose

of evaluating the Software to determine whether to purchase an ongoing

license to the Software. At the end of the Trial Period, the Software will

stop working. During the Trial Period, the Software is provided to You

"as is" and Your use is entirely at Your own risk.

VI. Warranty Disclaimer

The Software is provided to You "As Is" and NETGATE Technologies s.r.o. and

its suppliers and licensors expressly disclaim any and all warranties and

representations of any kind with regard to any subject matter of this Agreement,

including, without limitation, any warranty of non-infringement, title, fitness for

a particular purpose, functionality or merchantiliability, whether express,

implied or statutory. No oral or written information or advice given

by NETGATE Technologies s.r.o., its employees, distributors, dealers, or agents

shall increase the scope of the above warranties or create any new warranties.

VII. Limited Warranty

NETGATE Technologies s.r.o. warrants to you that the Software will perform

substantially in accordance with the Documentation for 90 day period following

your receipt of the Software. To make a warranty claim, you must

return the Software to the location where you obtained it along

with a copy of your sales receipt within 30 day period. If the Software

does not perform substantially in accordance with the Documentation,

the entire and exclusive liability of NETGATE Technologies s.r.o. and its

distributors, and your exclusive remedy shall be limited to either,

NETGATE Technologies s.r.o.'s option, the replacement of the Software

or the refund of the license fee you paid for the Software.

VIII. Limitations of Liability

Regardless of whether any remedy set forth herein fails of its essential

purpose or otherwise, in no event will NETGATE Technologies s.r.o. or its suppliers

be liable to You or to any third party for any lost profits, lost data, interruption

of business, or other special, indirect, incidental or consequential damages

of any kind arising out of the use or inability to use the Software or any

data supplied therewith, even if NETGATE Technologies s.r.o. has been advised

of the possibility of such loss or damages and whether or not such loss or damages

are foreseeable. In no event shall the liability of NETGATE Technologies s.r.o.

exceed the total amount received by NETGATE Technologies s.r.o. from You under

this Agreement. You acknowledge that Your use of the Spy Emergency Software may

remove or disable other software from Your computer, including software that may or

may not be "spyware," and You agree that NETGATE Technologies s.r.o. shall not be

responsible for such removal or disabling or the results of such removal or disabling.

You are solely responsible for selecting which programs the Spy Emergency

Software removes from your computer. While NETGATE Technologies s.r.o. uses

reasonable efforts to properly identify those products detected by the Spy Emergency

Software, and regularly updates its list of such products, NETGATE Technologies s.r.o.

cannot guarantee that its list is complete or completely accurate. Because new and/or

modified "spyware" and other software are regularly introduced, You should

make sure You receive Updates to the Spy Emergency software to detect

those new products NETGATE Technologies s.r.o. adds when we provide Updates to the

Spy Emergency Software.

IX. Termination

The Agreement becomes effective when You agree to the terms and conditions

of this Agreement by opening, installing, using, accessing or manipulating

the Software ("Effective Date"), and this Agreement will terminate

immediately upon notice to You if You materially breach any term or

condition of this Agreement. You agree upon termination to promptly

destroy the Software and all copies thereof.

X. High Risk Activity

You acknowledge and agree that the Software is not intended for use with

any high risk or strict liability activity, including, without limitation,

air or space travel, technical building or structural design, power plant

design or operation, life support or emergency medical operations or uses,

and that NETGATE Technologies s.r.o. makes no warranty and shall have no

liability arising from any use of the Software in any high risk or strict

liability activities.

All questions regarding this license agreement please forward

to NETGATE Technologies s.r.o., Tajovskeho 8, 97101 Prievidza,

Slovak Republic or by e-mail to netgate@netgate.sk.