SOFTWARE END USER LICENSE AGREEMENT (EULA)
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SOFTWARE.
By installing and using EBISG (the “Service”), you have agreed to abide by the following terms and conditions:
1. LICENSE – Subject to the terms and conditions of this Agreement, EBISG Service grants to you a limited, non-exclusive, non-transferable license to use or evaluate the Software in accordance with this Agreement and any other written agreement with EBISG Service. You have purchased a license to use the Software. You do not have the right to sublicense. EBISG Service does not transfer title of the Software to you. This Agreement is a legally binding agreement between EBISG Service and the user(s) of this Software. If you do not agree to the terms and conditions of this Agreement, you are required to immediately stop installing or using this Software. You must remove the Software and any associated documentation from your computer.
2. DISTRIBUTION – Unless otherwise authorized herein, this Software, any accompanying documentation, and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. To learn about redistribution of this Software, please contact EBISG Service at: ebicard.com
3. USER AGREEMENT
· 3.1 Activation of Software – Once you have purchased a license from EBISG Service in order to continue to use the Software or enable all the features of the software, you may be required to activate the Software through the Internet. The Software contains technological measures designed to prevent unlicensed use of the Software. EBISG Service will use those measures to confirm you have a valid licensed copy of the Software. EBISG Service will not collect any personally identifiable information from your computer location or workstation during this process.
· 3.2 Use -Your license to use this Software is limited to the number of licenses purchased by you and for a limited number of days. Upon the expiration of your license, you will need to renew and purchase another license in order to continue to use all the features and functionality of the Software. For more information about purchasing additional licenses of this Software or renewing your existing license, please contact EBISG Preparedness Solutions LLC.
You shall not allow others to use copy or evaluate copies of this licensed Software. Others may obtain an Evaluation Version of the Software or purchase a license to use the Software from: EBISG Preparedness Solutions LLC
· 3.3 Use Restrictions – You shall use this Software in compliance with all applicable laws and not for any unlawful purpose. Each licensed copy of this Software may be used on one single computer location or workstation, unless otherwise authorized herein. “Use” of the Software means that you have loaded, installed, or run the Software on a computer or similar device. If you install the Software onto a multi-user platform, server or network, each and every individual user of the Software must be licensed separately or included by a multi-site license in order to access all the features and functionality of the Software. You may make one copy of this Software for backup purposes, providing you only have one copy installed on one computer location or workstation (or number of users covered in a multi-site license). Others may not use or install your licensed copy of this Software. The assignment, sublicense, networking, sale, or distributions of copies of this licensed Software are strictly forbidden without the prior written consent of EBISG Preparedness Solutions LLC. It is a violation of this Agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of this licensed Software. If any person other than yourself uses Software registered in your name on another computer location or workstation, regardless of whether it is at the same time or different times, then this Agreement is being violated. You are responsible for that violation.
· 3.4 Copyright Restriction – This Software contains material that is copyrighted, trade secrets and other proprietary material. You are not allowed to, and shall not attempt to, modify, reverse engineer, disassemble or decompile this Software. Nor are you permitted to create any derivative works or other works that are based upon or derived from the Software in whole or in part.
EBISG’s name (includes EBISG, EBISG Preparedness Solutions LLC, and EBISGard), logo and graphics file that represent this Software shall not be used in any way to promote products developed with our Software. EBISG Service retains sole and exclusive ownership of all right, title and interest in and to the Software and all Intellectual Property rights relating thereto. Copyright law and international copyright treaty provisions protect all parts of this Software. No program, code, part, image, or text may be copied or used in any way by the user except as intended within the bounds of this Agreement. All rights not expressly granted hereunder are reserved for EBISG Preparedness Solutions LLC.
· 3.5 Limitation of Responsibility – You will indemnify, hold harmless, and defend EBISG Preparedness Solutions LLC, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of EBISG Service. In no event (including, without limitation, in the event of negligence) will EBISG Preparedness Solutions LLC, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, this Software or the use or inability to use this Software or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence. EBISG Preparedness Solutions LLC’s entire liability, without exception, is limited to the customers’ reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by EBISG Preparedness Solutions LLC, less any applicable taxes and shipping fees) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to EBISG Preparedness Solutions LLC. This reimbursement, as described above, will only occur if the Software was purchased directly from EBISG Preparedness Solutions LLC. If you purchased the Software through a reseller, distributor, retailer, or any other third party, you need to request a refund directly from such parties. EBISG SERVICE DOES NOT MAKE ANY GUARANTEES THAT THIS SOFTWARE WILL IDENTIFY ANY SPECIFIC HARDWARE OR SOFTWARE INSTALLED ON YOUR COMPUTER NOR DOES EBISG SERVICE MAKE ANY GUARANTEES THAT THIS SOFTWARE WILL LOCATE ANY APPLICATIONS FOR YOUR SPECIFIC HARDWARE FOR USE ON CERTAIN OPERATING SYSTEMS. EBISG SERVICE ALSO DOES NOT MAKE ANY GUARANTEES THAT ANY OR ALL SOFTWARE APPLICATIONS LOCATED FOR YOUR SPECIFIC HARDWARE AND OPERATING SYSTEM WILL FUNCTION ERROR FREE, ACHIEVE CERTAIN RESULTS, OR OPERATE WITHOUT INTERRUPTION. EBISG SERVICE DOES NOT GUARANTEE THE INTEGRITY OF THIRD PARTY SOFTWARE APPLICATIONS OR THAT THIRD PARTY SOFTWARE APPLICATIONS OBTAINED DIRECTLY FROM THIRD PARTY SERVERS OR THROUGH EBISG SERVICE SERVERS WILL BE FREE OF VIRUSES OR MALICIOUS CODE. ALL SOFTWARE APPLICATIONS LOCATED AND AVAILABLE THROUGH THIS SOFTWARE ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS. If we are unable to provide the software application that PC Antivirus Pro Pro presented during the free scan, you are entitled to request a refund as per standard refund policy.
EBISG Service programs are not intended for use in the operation of communication systems, aircraft navigation, air traffic control systems, nuclear facilities, life support machines or other equipment where the failure of EBISG Service programs could lead to personal injury, death or severe physical or environmental damage.
· 3.6 Warranties – The Software is being provided to you on an “AS IS” basis. Except as expressly stated in writing by an authorized employee of Software, Software makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
EBISG Preparedness Solutions LLC does not warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free or that errors or specification non-conformities in the Software will be corrected. Further, EBISG Preparedness Solutions LLC does not warrant or make any representations regarding the use or the results of the use of the Software, including, but not limited to, whether the Software or its use will harm, impair or damage any hardware, software or data or the Software’s correctness, accuracy or reliability. No oral or written information or advice given before or after the date of this Contract by EBISG Preparedness Solutions LLC, any authorized representative of EBISG Preparedness Solutions LLC or any other person will create or be deemed to be any warranty with respect to the Software or any maintenance, support or other services that relate in any way to the Software. If the Software malfunctions or the Software or any such services are defective in any way, you (and not EBISG Preparedness Solutions LLC) assume the entire cost and risk of all necessary servicing, repair, replacement or correction of the Software or of any other software, data, hardware, equipment or component that is damaged or destroyed as a result of that malfunction or defect.
LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by Company, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Software does not meet Company’s Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of Section 16 (“Exclusion of Incidental, Consequential and Certain Other Damages”) are also incorporated into this Limited Warranty. Some states /jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You may have other rights which vary from state/jurisdiction to state/jurisdiction.
· 3.7 Governing Law – This EULA is governed by the laws of the State of Delaware.
· 3.8 Termination – Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of the Software and destroy all copies of the Software supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
4. CONSENT TO USE OF DATA – You agree that by installing and using the Software, EBISG Service may use the information that is collected and transmitted through the Software, in any manner, as part of the product support services provided to you, if any, related to the Software and any hardware installed on your computer. Such information collected may include without limitation IP address, and information derived from the operating system configuration and hardware configuration of the computer. The Software will not collect any personally identifiable information from your computer location or workstation during this process.
· 4.1 Limitations on Reverse Engineering, Decompilation, And Disassembly. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
5. SOFTWARE VERIFICATION AND UPDATES – By installing and using the Software, You further acknowledge and agree that EBISG Service may automatically check the version and licensing state of the Software that you have installed in order to determine if any Software updates, upgrades, or fixes are available, and/or to verify your license to use the Software. This process is performed through the Software which contains components that facilitate the use of certain Internet based services. If updates, upgrades or fixes are available for the Software, the Software may automatically download and install the applicable Software updates or upgrades without further notice to you in order for you to achieve the maximum benefits while using the Software. If there are any modifications to the terms and conditions of this EULA at the time of the update, you will be notified during the update process and will be required to review and accept the terms and conditions of the modified EULA prior to the installation of any Software updates or upgrades.
6. LIMITATIONS OF THE SOFTWARE – Although the Software available on this Site is effective at identifying and addressing many of the factors that can negatively affect computer performance and security, there are numerous other factors that may not be identified or addressed by the Software. You acknowledge and agree that the Software does not identify and address all potential factors that can negatively affect computer performance and security, and you further acknowledge and agree that your computer’s performance and security may not improve until all such factors are addressed. In some cases, additional Software or other measures may be necessary for your computer to attain optimal performance and security. For help in analyzing these issues, please contact our customer support team. Other than with respect to the Live Support service (which terms are set forth below), if you are not satisfied with the Software’s effect on your computer’s performance or security, you may seek a refund during the Refund Period as stated in the EULA and the Software Purchase Agreement.
The Software may identify and label certain threats to your computer’s performance and security as “High” or otherwise categorize the potential threats identified in your computer. Therefore, the higher the number of issues that are identified by the scan, the faster your PC can potentially perform. The software may even identify potential issues in a brand new computer or operating system which in most cases means your system may need tweaking for best possible performance. You acknowledge that it is your responsibility to further research the potential threats identified by the Software and to independently determine your own level of tolerance for these potential issues. In addition, the Software may occasionally identify for deletion certain items and files that may be critical for your system, hardware, and/or software to run. The Software will provide you with an opportunity to review these items and files prior to deletion. You acknowledge that it is your responsibility to verify the items and files identified for deletion and select only those items and files that you wish to delete. EBISG Preparedness Solutions LLC Products is not responsible for any system failure, data loss, or any other loss due to removal of system critical items. If you are unsure whether an item should or should not be deleted, please contact your computer manufacturer for more information.
8. INTELLECTUAL PROPERTY RIGHTS – All third party software products and company names used in the Software are copyright and the property of the respective owners. Furthermore, when using a third party’s software products as identified and recommended through this Software, you will be bound to that company’s own legal agreements. All software product names and company names used in the Software are for identification purposes only and may be trademarks or registered trademarks of their respective owners. EBISG Service is in no way affiliated with or representing any of the companies identified and displayed in this Software.