HIDE MY IP END USER LICENSE AGREEMENT ("AGREEMENT")
YOU MAY NOT INSTALL HIDE MY IP ("SOFTWARE") UNTIL YOU HAVE READ AND ACCEPTED ALL THE TERMS OF THIS LICENSE AGREEMENT AND AGREE TO BECOME THE LICENSEE ("YOU") OF THE SOFTWARE. BY CONTINUING THE INSTALLATION OF HIDE MY IP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO ALL THE CONTENTS OF THIS AGREEMENT AND ARE LEGALLY BOUND BY THE AGREEMENT.
1. License
My Privacy Tools, Inc. has agreed to license use of this Software to You, Subject to the terms and conditions of this Agreement. My Privacy Tools, Inc. grants You a limited, a non-exclusive, non-sublicensable, non-transferable, revocable license to install, perform and use the Software, in machine-readable form only, solely for Your own personal or internal business use on a single computer in accordance with the instructions, specifications and documentation provided with the Software. You make one copy for backup purposes providing that all components of the Software, including copyright and other proprietary notices, remain unmodified. Upon termination of Software use or this Agreement, You or an authorized agent nominated by You shall destroy all remaining copies of the Software or otherwise return or dispose of such material in the manner directed by My Privacy Tools, Inc.
2. Restrictions
You may not copy, reproduce, translate, create derivative works of, change, reverse engineer, disassemble or decompile the Software by any means except as expressly provided in this Agreement. You may not engage in any acts which infringe My Privacy Tools, Inc. rights in the intellectual property rights in the Software. You may not give, lease, assign, license, sublicense, transfer, distribute, disseminate or publish the Software in any form. You shall not allow any access to or use of the Software by anyone other than You, or Your employees or agents, and any such use must be consistent with the terms, conditions and restrictions set forth in this Agreement.
3. Copyrights and Trademarks
The Software and all rights, without limitation including proprietary rights therein, are owned by My Privacy Tools, Inc. and are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. You acknowledge that no title to the intellectual property in the Software is transferred to You. You further acknowledge that title and full ownership rights to the Software will remain the exclusive property of My Privacy Tools, Inc. and You will not acquire any rights to the Software except as expressly set forth in this license. You agree that any copies of the Software will contain the same proprietary notices which appear on and in the Software. You shall indemnify My Privacy Tools, Inc. fully against all liabilities, costs and expenses which My Privacy Tools, Inc. may incur to a third party as a result of Your breach of the copyright and trademark provisions of this Agreement. You shall not during or at any time after the expiry or termination of this License permit any act which infringes the trademarks used in connection with the Software.
4. No waiver or Assignment
No delay or failure to take action under this license will constitute a waiver unless expressively waived in writing, signed by an authorized agent of My Privacy Tools, Inc., and no single waiver will constitute a continuing or subsequent waiver. The benefit of this Agreement shall not be dealt with in any way by You (whether by assignment, sub-licensing or otherwise) without written consent from My Privacy Tools, Inc..
5. Governing Law
This license shall be governed by and construed according to the laws in force in the State of California in the United States. If any provision of this Agreement is held to be unenforceable, the remainder of the Agreement shall not be affected, and the unenforceable provision shall be reformed to the extent necessary to make the provision enforceable. This Agreement is the complete and exclusive statement of the Agreement between us which supersedes any proposal or prior Agreement, oral or written, and any other communications between You and My Privacy Tools, Inc. in relation to the subject matter of this Agreement.
6. U. S. Government Users
The Software is a "commercial item" as defined at 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the Software with only those rights set forth therein.
7. Export Law
The Software is subject to U.S. export control laws and may be subject to international export or import laws. You agree to strictly comply with all said laws and agree that You have the responsibility to obtain such licenses to export, re-export or import as may be required.
8. Connectivity & Privacy
The Software requires a reliable and constant Internet connection that shall be the sole responsibility of the end user to maintain. You agree and understand the Software will not function without Internet connectivity. Software makes several calls to our server(s), transmitting your hard disk volume serial numbers and product key. Hard disk volume serial numbers and other information acquired may be stored on our servers indefinitely.
9. Termination of Use
If fraud, spam, hacking, or software theft is suspected My Privacy Tools, Inc., at anytime, may terminate an end user’s right to access our server(s), rendering software ineffective. In such event no refund will be given. You agree to not use our Software or website to send spam, commit any crime including fraud, hack into any computer or network, harrass, or otherwise abuse any person, computer, network, or other entity. My Privacy Tools, Inc. shall be the sole judge as to what is considered fraudulent. If My Privacy Tools, Inc. discontinues service no refunds will be issued.
10. Unavailable Service
My Privacy Tools, Inc. offers no warranty or guarantee of uptime for server(s) the Software must connect to. Downtime does not entitle end user to compensation or refund. My Privacy Tools, Inc. is not responsible for losses occurred as the result of aforementioned downtime. My Privacy Tools, Inc., at any time, reserves the right to discontinue service without cause for refund or software updates.
11. Disclaimer of Warranty
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. My Privacy Tools, Inc. DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. IN NO EVENT WILL My Privacy Tools, Inc. BE LIABLE FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU. ALL OTHER IMPLIED WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE NOT DESIGNATED HEREIN ARE EXCLUDED.
12. Limitation of Liability
IN NO EVENT SHALL My Privacy Tools, Inc. BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF THE SOFTWARE, EVEN IF My Privacy Tools, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF My Privacy Tools, Inc. FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY WILL NOT EXCEED THE LICENSE FEE PAID BY YOU. My Privacy Tools, Inc. DISCLAIMS ANY LIABILITY RESULTING FROM CHANGES, ERRORS OR OMISSIONS IN THE SOFTWARE.
This Software is protected by United States Copyright Law and international treaties.
Reproduction or distribution without permission is prohibited and subject to civil and/or criminal penalties.
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Copyright (c) 2006-2011, My Privacy Tools, Inc.
http://www.hide-my-ip.com