Secure Hunter Free Eula
END USER LICESNE AGREEMENT
This End User License Agreement (this “Agreement”) is made and entered into as of this (the “Effective Date”), by and between [SECUREHUNER.com], a company incorporated under the laws of FLORIDA USA, with offices at [PARKLAND FL USA]
(“End User”); and (either an individual or a single entity (the “Company”; and together
with End User, the “Parties”).
WHEREAS the Company wishes to license the software know as [SECURE HUNER], as such software is described in Chapter ___ of the documentation
accompanying it (such software and the accompanying documentation (the
“Documentation”) together, the Software) to End User, subject and pursuant
to the terms and conditions of this Agreement; and WHEREAS the End User desires to license the Software from the Company, subject and pursuant to the terms and conditions of this Agreement;
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. GRANT OF LICENSE.
The Company grants to End User a personal, non-exclusive, non-transferable license
to use one (1) copy of the Software on one computer only, for End User’s internal
purposes only and solely as set forth and for the purposes specified in Chapter ___ of
the Documentation. End User undertakes that the computer permitted to access the
Software shall be in End User’s possession and under its control. The End User shall
pay the annual license fee set forth in the Company’s price list on the Effective Date,
and shall have no licenses or rights under this Agreement prior to the receipt of such
payment by the Company; the fee shall be non-refundable.
2. LICENSE EXCLUSIONS.
End User shall not: (i) make any use of the Software that is not expressly permitted by
this Agreement; (ii) modify any Software; (iii) copy any of the Software; (iv) reverse
engineer, decompile or disassemble all or any portion of the Software; (v) use the
Software for the benefit of any third party; (vi) export the Software in violation of any
applicable law; (vii) use the Software in any manner that is not permitted by
applicable law; (viii) take any action to defeat any security measures within the
Software; and/or (ix) use the Software on or with any hardware or device not
expressly permitted in Section ___ of the Documentation.
End User acknowledge that the Software contains confidential and/or proprietary
information and/or trade secrets of the Company and will keep and maintain the
Software confidential and secret, using the same degree of care that End User uses to
protect its own most valuable software, and at least a reasonable degree of care. End
User shall not disclose the Software, this Agreement or any portion of any of the
End User shall not assign, transfer, distribute, market, lease, sublicense, provide any
right, or otherwise dispose of the Software, this Agreement and/or any portion of any
of the foregoing.
This Agreement shall be if effect from the Effective Date until the earlier of the
expiration of one (1) year therefrom and the termination of this Agreement pursuant to
this Section 5. The Company may terminate this Agreement without any liability
whatsoever, if End User breaches any of the provisions of this Agreement. Upon
expiration or termination of this Agreement for any reason, all licenses granted to End
User under this Agreement shall expire and terminate and End User shall return all
copies of the Software to the Company or permanently delete them from End User’s
systems. Sections 3, 6, 8 and 9 of this Agreement shall survive the termination or
expiration thereof for any reason.
The Company (and/or its third party providers) retains all ownership, title, interest,
right, copyright and any other intellectual property rights in and to the Software,
including all translations, enhancements, improvements or other modifications made
to or derived from the Software and/or any portion thereof. No license, right or interest
in or to any Company trademark, trade name or service mark is granted under this
The Company warrants that the Software, if properly installed and operated pursuant
to Chapter ___ of the Documentation and this Agreement, will function in substantial
conformity with Chapter ___ of the Documentation until the expiration of ninety (90)
days from the Effective Date. The Company’s warranty under this Section 7 shall not
apply in the event the Software (i) shall be modified by any party, other than by the
Company, (ii) shall be subject to operating or other conditions not in accordance with
the Documentations, or (iii) the Software is subject to mishandling, misuse, neglect,
improper testing or repair or damage. End User’s exclusive remedy under this Section
7 is limited to the Company using reasonable commercial endeavors to repair any
OTHER THAN THE FOREGOING LIMITED WARRANTY; THE SOFTWARE IS
PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND AND THE
COMPANY AND ITS THIRD PARTY PROVIDERS DISCLAIM ALL
WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR
A PARTICULAR PURPOSE AND/OR THAT THE SOFTWARE WILL BE
UNINTERRUPTED OR ERROR FREE.
8. LIMITATION OF LIABILITY.
IN NO EVENT SHALL THE COMPANY OR ITS THIRD PARTY PROVIDERS BE
LIABLE FOR ANY DAMAGES WHATSOEVER; WHETHER IN CONTRACT,
STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE OR OTHERWISE) OR
OTHEREWISE; INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL,
SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, AND/OR DAMAGES FOR
LOSS OF PROFITS, LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS
OF INFORMATION AND/OR PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; IN CONNECTION WITH THE USE OF AND/OR INABILITY TO
USE THE SOFTWARE AND/OR THIS AGREEMENT, EVEN IF THE COMPANY
IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This Agreement will be governed by the laws of the State of FLORIDA USA, except with regard
to its choice of law rules. Any dispute in connection with this Agreement shall be
resolved solely by the courts in Parkland, FL USA . This Agreement constitutes the entire
agreement between the Parties and supersedes any prior agreements regarding the
subject matters of this Agreement. No waiver, alteration or modification of the
provisions of this Agreement will be valid, unless made in writing and signed by the
Company. If any provision or provisions of this Agreement are determined to be
invalid, illegal or unenforceable, the validity, legality and enforceability of the
remaining provisions of this Agreement will not be affected by such determination.
End User acknowledges that, in the event of a breach of this Agreement, monetary
damages may not be sufficient to compensate the Disclosing Party, and that in cases of
such a breach or a threatened breach of this Agreement, the Company shall be entitled
to obtain an injunction against End User.
[Signature page follows]
IN WITNESS WHEREOF, the Parties have duly executed this Agreement on the day and
year first set forth above.