TERMS AND CONDITIONS
- IMPORTANT NOTICE
PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT (THE "AGREEMENT") CAREFULLY BEFORE PROCEEDING TO USE THE HI TECH CRIME SOLUTIONS ("HTCS") SOFTWARE SERVICES AND THE ASSOCIATED DOCUMENTATION (THE "SOFTWARE SERVICES"). HTCS HAS DEVELOPED AND OWNS OR HAS THE RIGHT TO LICENSE THE SOFTWARE SERVICES. THE SOFTWARE SERVICES ARE COPYRIGHTED, PATENTED OR PROTECTED BY TRADE SECRET LAW AND THEIR USE IS LICENSED (NOT SOLD) TO YOU (EITHER AS AN INDIVIDUAL, CORPORATION, OR OTHER ENTITY) AS A "LICENSEE." BY USING THE SOFTWARE SERVICES OR ACKNOWLEDGING "I ACCEPT", LICENSEE ACCEPTS AND AGREES TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF LICENSEE DOES NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, LICENSEE SHOULD NOT USE THE SOFTWARE SERVICES. THIS AGREEMENT REPRESENTS THE ENTIRE AGREEMENT CONCERNING THE SOFTWARE SERVICES BETWEEN LICENSEE AND HTCST.
1.1 AMIHACKERPROOF.COM is a trademark of Hi Tech Crime Solutions.
- Restrictions on Use
Licensee acknowledges that the Software Services and their structure, organization, and source code constitute valuable trade secrets of HTCS and its suppliers. Except as expressly permitted, Licensee agrees that Licensee shall not, and shall not permit any third party, to (i) modify, adapt, alter, translate, or create derivative works from the Software Services; (ii) merge the Software Services with other software; (iii) sublicense, export, sell, provide for service bureau use, lease, rent, loan, or otherwise transfer the Software Services to any third party; (iv) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Software Services; (v) remove or alter any copyright notices or other notices included in the Software Services; (vi) otherwise use or copy the Software Services except as expressly permitted; or (vii) use the Software Services for any illegal activity or malicious attack. Without limiting the foregoing, the restrictions on use of the Software Services set forth in this Section shall apply to any Software Services supplied to HTCS by third parties and included with the Software Services. For purposes of this Section, the term "use" shall mean the right to run, execute and display the Software Services in executable form only.
2.1 Third-Party Software
The Software Services are accompanied by third-party software that is licensed under its own terms. A list of this third-party software shall be as set forth in HTCS 's then current Documentation. Licensee agrees to comply with the terms of these third-party licenses. Such third-party software may include certain "open source" software.
- PAYMENT TERMS
Any services that do not require payment in advance, are listed as pay for results.
- LIMITED WARRANTY
THE SOFTWARE SERVICES ARE PROVIDED "AS IS". LICENSEE ACKNOWLEDGES THAT NO REFUNDS SHALL BE DUE OR OWED LICENSEE WITH RESPECT TO ANY SOFTWARE SERVICES CONTEMPLATED BY THIS LIMITED WARRANTY SECTION. HTCS DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SOFTWARE SERVICES, INCLUDING ANY THIRD-PARTY SOFTWARE OR ANY OPEN SOURCE SOFTWARE, AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY OTHER WARRANTIES WHATSOEVER, INCLUDING THOSE ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. IN NO EVENT DOES HTCS WARRANT THAT THE OPERATION OF ANY SOFTWARE SERVICES OR PROVISION OF ANY SERVICES SHALL BE UNINTERRUPTED OR ERROR FREE.
- PATENT AND COPYRIGHT INDEMNIFICATION
HTCS will defend at its own expense any action against Licensee brought by a third party to the extent that the action is based upon a claim that the Software Services infringe any U.S. patents, trademarks or copyrights of a third party, and HTCS will pay those costs and damages finally awarded against Licensee in any such action that are specifically attributable to such claim or those costs and damages agreed to in a settlement of such action. The foregoing obligations are conditioned on Licensee notifying HTCS promptly in writing of such action; giving HTCS sole control of the defense thereof and any related settlement negotiations; and cooperating, at HTCS's request and expense in such defense. If the Software Services become, or in HTCS 's opinion are likely to become, the subject of an infringement claim, HTCS may, at its sole option and expense, either (i) procure for Licensee the right to continue using the Software Services, (ii) replace or modify the Software Services so that they become non-infringing, or (iii) accept return of the Software Services, terminate this Agreement, in whole or in part, as appropriate, upon written notice to Licensee and refund Licensee the pre-paid fees paid for such Software Services on a pro-rata basis. Notwithstanding the foregoing, HTCS will have no obligation under this Section or otherwise with respect to any infringement claim based upon any use of the Software Services not in accordance with this Agreement, any use of the Software Services in combination with equipment, software, or data not supplied by HTCS if such infringement would have been avoided but for the combination with other equipment, software or data, any use of any release of the Software Services other than the most current release made available to Licensee, any modification of the Software Services by any person other than HTCS or its authorized agents or subcontractors, or the use of the Software Services after receiving notice that the Software Services infringe the intellectual property rights of a third party. THIS SECTION STATES HTCS 'S ENTIRE LIABILITY AND LICENSEE'S EXCLUSIVE REMEDY FOR ANY CLAIMS OR ALLEGATIONS OF INFRINGEMENT. Any and all claims for indemnification or infringement defense under this Section must be brought before the first anniversary of the date of termination or expiration of this Agreement.
- LIMITATION OF LIABILITY
IN NO EVENT SHALL HTCS BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION LOSS OF INCOME, DATA, GOODWILL, USE OR INFORMATION, DOWNTIME OR COSTS OF SUBSTITUTE SOFTWARE SERVICES OR EQUIPMENT), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. HTCS 'S AGGREGATE LIABILITY TO LICENSEE FOR LOSSES, DAMAGES, COSTS, EXPENSES AND OTHER AMOUNTS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SOFTWARE SERVICES, REGARDLESS OF THEORY OF LIABILITY, SHALL IN NO EVENT EXCEED THE AMOUNT OF FEES PAID BY LICENSEE TO HTCS UNDER THIS AGREEMENT FOR THE RELEVANT SOFTWARE PROGRAM GIVING RISE TO SUCH LIABILITY, AS DEPRECIATED, COMPUTED according to a sixty (60) month straight-line amortization schedule beginning on the DATE OF THE first use of such software Services.
6.1 Licensee agrees not to use any information gathered by the services provided by HTCS for any illegal purposes, including: unauthorized computer access, cyber stalking, cyber bullying, identity theft, computer fraud, extortion or any other local, state or federal laws of the United States of America.
- HTCS INTELLECTUAL PROPERTY AND MARKS
HHTCS does not grant and Licensee acknowledges that it shall have no right, license or interest in any of the patents, copyrights, trademarks, or trade secrets owned, used or claimed now or in the future by HTCS . All applicable rights to such patents, copyrights, trademarks, and trade secrets are and will remain the exclusive property of HTCS or its suppliers.
- TERM AND TERMINATION
Licensee shall not have any right to terminate this Agreement for convenience. In the event of any attempted termination for convenience by Licensee or in the event of a termination of this Agreement by Licensee other than for cause, Licensee shall pay all Software Services license fees for the remaining term of the Agreement. Any monies collected in advance shall be forfeited by the Licensee. Either party may, at its option, terminate this Agreement if the other party breaches any material obligations under this Agreement and such breach is not cured within thirty (30) days after the receipt of written notice of the alleged breach. Licensee shall cease all use of the Software Services upon the expiration or termination of this Agreement. Any expiration or termination of this Agreement shall not modify any right or obligation of a party hereto which arose prior to such expiration or termination.
- EXPORT CONTROL
Licensee shall not commit any act which would, directly or indirectly, violate any United States law or other law, regulation, treaty or agreement relating to the export or re-export of the Software Services.
- U.S. GOVERNMENT END USERS
If Licensee is a branch or agency of the United States Government, the following provision applies. The Software Services and documentation are comprised of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212 (SEPT 1995) and are provided to the Government for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or for acquisition by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202-1 (JUN 1995) and 227.7202-3 (JUN 1995).
This Agreement shall be binding upon and inure to the benefit of the parties and their successors and assigns. Licensee shall not have the right to assign or otherwise transfer its rights or delegate its duties under this Agreement without the express written consent of HTCS. HTCS may, without Licensee's consent, assign this Agreement in the event of a merger, consolidation or the sale of all or substantially all of HTCS's assets or stock.
- Governing Law
This Agreement shall be governed, construed and interpreted in accordance with the laws of the State of Georgia, USA, without regard to its choice of law provisions or policies. The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this Agreement.
Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction shall be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of this Agreement. The prohibition on or unenforceability of any provision in any jurisdiction shall not affect the validity or enforceability of such provision in any other jurisdiction.
- HTCS does not guarantee that all vulnerabilities are not false positives. What AmIHackerProof.com may consider Vulnerability may not be considered Vulnerability by the customer.