Terms & Conditions of Fortrust Products

Fortrust iProtect Copyright (c) 2004-2009 Fortrust Ltd END-USER LICENSE AGREEMENT YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS This   End-User   License   Agreement   for   Fortrust iProtect ("SOFTWARE")   is a legal   agreement between you (either an individual or an entity) and Fortrust Ltd ("FORTRUST"). You agree that your use of the SOFTWARE acknowledges that you have read this license, understand it, and agree to be bound by its terms and conditions. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, DO NOT INSTALL AND/OR USE THIS SOFTWARE. 1. SOFTWARE.  As used in this Agreement, the term "Software" means, collectively: (i) the SOFTWARE identified above (ii) all the contents of the disk(s), CD-ROM(s), electronic mail and its file attachments, or other media with which this Agreement is provided, including the object code form of the software delivered via a CD-ROM, electronic mail, or Web page (iii) digital images, stock photographs, clip art, or other artistic works ("Stock Files") (iv) related explanatory written materials and any other possible documentation related thereto ("Documentation"); (v) fonts, and (vi) upgrades, modified versions, updates, additions, and copies of the Software (collectively "Updates"), if any, licensed to You by Fortrust under this Agreement. 2. LICENSE GRANT The SOFTWARE   is licensed, not sold, to you by FORTRUST for use only under the terms of this License, and FORTRUST reserves any rights not expressly granted to you. You may not use, modify, translate, reproduce, or transfer the right to use the Software or copy the Software except as expressly provided in this Agreement. You may not reverse engineer, reverse compile, disassemble, or otherwise attempt to discover the source code of the Software (except to the extent that this restriction is expressly prohibited by law) or create derivative works based on the Software. You agree that You shall only use the Software in a manner that complies with all applicable laws in the jurisdiction in which You use the Software, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights. 2.1 LICENSE TYPES FORTRUST provides the following types of licenses - EVALUATION LICENSE (TRIAL MODE) & BUSINESS LICENSE.   The subscription period for the BUSINESS license is limited in time. The BUSINESS USER you are granted a one-year subscription from the date of purchase. The license is no longer valid after the subscription period has expired. Upon expiration, you must renew your license subscription to continue to be entitled to use functionality according to the license you have purchased. 2.2 EVALUATION LICENSE ENTITLEMENT The EVALUATION LICENSE ENTITLEMENT only applies when you obtain a copy of the SOFTWARE for the first time.   You may use the Evaluation (Trial) Version of the SOFTWARE for a 10-day evaluation period.  After the evaluation period, if you want to continue to use the SOFTWARE you must purchase the required number of Business Licenses from FORTRUST. Packages created with the SOFTWARE under EVALUATION LICENSE are able to work for 10 days, CANNOT be used for commercial purpose, and contain the references to FORTRUST and SOFTWARE. 2.3 BUSINESS LICENSE ENTITLEMENT The BUSINESS LICENSE ENTITLEMENT only applies after you have purchased the BUSINESS LICENSE from FORTRUST.   FORTRUST grants to you a   personal, non-transferable and non-exclusive right to use the copy of the SOFTWARE PRODUCT provided with this License. The BUSINESS LICENSE authorizes you to use one copy of the   version of the SOFTWARE on a single computer.   The subscription period for BUSINESS license is limited for one year. You will be issued the license once you download and run the SOFTWARE and email your Computer ID to FORTRUST. Instructions shall be provided upon purchase of the SOFTWARE. You will be sent new license keys every quarter (4 times) starting from the date of purchase. These four license keys will cover the subscription period of one year. You will need to email your Computer ID before/at the expiry of the quarterly license key. The SOFTWARE will remind you ten days before the quarterly expiry period. In addition you will be sent links to download any SOFTWARE updates. Packages created with the SOFTWARE under BUSINESS LICENSE can be used for commercial purpose and contain the references to FORTRUST and SOFTWARE.   You are NOT authorized to use the SOFTWARE on third party organizations or computers.   You are NOT authorized to use our product as a SERVICE to third party organizations. If you wish to do so please contact us for Service license agreement. 3. ORDERING You can order the license you on the Fortrust web site http://www.Fortrust.net 4. REFUND Refund period is valid from one year from the purchase of the SOFTWARE and subject to authorization by FORTRUST. FORTRUST reserves the right to provide refunds, or make any commercially reasonable efforts to solve any issues at his discretion. Upon refund you no longer have the right to use the SOFTWARE and all copies of the SOFTWARE should be deleted. All Refunds are subject to a £75.00 administration fee. The refund administration fee of £75.00 will be deducted from the purchase price of the SOFTWARE upon refund.   Please contact the FORTRUST for a refund. 5. YOU ACKNOWLEDGE THAT THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW NEITHER FORTRUST, ITS LICENSORS OR AFFILIATES, NOR THE COPYRIGHT HOLDERS MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS, OR OTHER RIGHTS.  THERE IS NO WARRANTY BY FORTRUST OR BY ANY OTHER PARTY THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE.  YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION, USE, AND RESULTS OBTAINED FROM IT. 6. LIMITATION OF LIABILITY.   TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FORTRUST, ITS EMPLOYEES OR LICENSORS OR AFFILIATES BE LIABLE FOR ANY LOST PROFITS, REVENUE, SALES, DATA, OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, PROPERTY DAMAGE, PERSONAL INJURY, INTERRUPTION OF BUSINESS, LOSS OF BUSINESS INFORMATION, OR FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, ECONOMIC, COVER, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, OR OTHER THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF FORTRUST OR ITS LICENSORS OR AFFILIATES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME COUNTRIES/STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY, BUT MAY ALLOW LIABILITY TO BE LIMITED, IN SUCH CASES, FORTRUST, ITS EMPLOYEES OR LICENSORS OR AFFILIATES' LIABILITY SHALL BE LIMITED TO U.K. £5.00. Nothing contained in this Agreement shall prejudice the statutory rights of any party dealing as a consumer. Nothing contained in this Agreement limits Fortrust's liability to You in the event of death or personal injury resulting from Fortrust's negligence. Fortrust  is acting on behalf of its employees and licensors or affiliates for the purpose of disclaiming, excluding, and/or restricting obligations, warranties, and liability as provided in this clause, but in no other respects and for no other purpose. 7. COPYRIGHT.  The Software and all rights, without limitation including proprietary rights therein, are owned by Fortrust and/or its licensors and affiliates and are protected by international treaty provisions and all other applicable national laws of the country in which it is being used. The structure, organisation, and code of the Software are the valuable trade secrets and confidential information of Fortrust and/or its licensors and affiliates. You must not copy the Software, except as set forth in clause 2 (Licence Grant). Any copies which You are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on the Software. 8. TECHNICAL SUPPORT.  Fortrust has no obligation to furnish You with technical support unless separately agreed in writing between You and Fortrust. 9. NOTICES.  All notices and returns of the Software and Documentation should be sent back to your own original vendor of the Fortrust products. 10. NO OTHER OBLIGATIONS.  This Agreement creates no obligations on the part of Fortrust other than as specifically set forth herein.  11. EXCEPTIONS No exceptions to any portion of this license agreement will be allowed without the express written permission of FORTRUST. If you have any questions about this Agreement or the Software, feel free to contact us at: Support@Fortrust.net 12.  APPLICABLE LAW & GENERAL PROVISIONS. This Agreement is governed by the laws of England and Wales. This Agreement may only be modified in writing by an authorized officer of Fortrust. This is the entire agreement between Fortrust and You relating to the Software, and it supersedes any prior representations, discussions, undertakings, end-user agreements, communications, or advertising relating to the Software. PLEASE SUBMIT ANY ACCOMPANYING REGISTRATION FORMS TO RECEIVE REGISTRATION BENEFITS WHERE APPLICABLE.