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AURA 1.4
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Download Link 1 Download Link 2 Summary: Patent-pending PC security software that stops malware from randomly dropping on a computer just by surfing the Internet. Aura’s behind-the-scene protection makes sure the computer stays clean – proactive security without a subscription fee. ELUA (End User Lisence Agreement): END USER LICENSE AGREEMENT
FOR AURA SOFTWARE
NOTICE TO USER: THIS IS A CONTRACT. BY INSTALLING THE AURA SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. READ THESE TERMS CAREFULLY BEFORE INSTALLING THE AURA SOFTWARE. BY INSTALLING OR USING THE AURA SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE.
1. DEFINITIONS.
1.1 "Agreement" means this End User License Agreement.
1.2 "Atka" means Atka Software, LLC, a Minnesota limited liability company.
1.3 "Software" means (a) all of the contents of the files, disk(s), CD-ROM(s) or other media with which this Agreement is provided, including but not limited to (i) Atka or third party computer information or software; and (ii) related explanatory written materials or files, including user manuals, installation guides, and any "read me" or "help" files ("Documentation"); and (b) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to you by Atka in the future (collectively, "Updates")
2. LICENSE.
2.1 License Grant. Atka hereby grants to you a limited, non-exclusive, nontransferable, license to install and use one copy of the object code version of the Software (the "License"). You may not make any use, or engage in any distribution, of the Software except as expressly authorized herein. You may not reverse engineer, decompile, disassemble, modify, or make any other attempt to access the source code of the Software, or make any additional copies of the Software for any purpose except such transient electronic copies as are necessary during the installation and use of a single copy of the Software on a single machine or to make a backup of the Software for archival purposes only.
2.2 Acknowledgment and Reservation of Rights. You acknowledge and agree that Atka owns all intellectual property and other proprietary rights in and to the Software, including, without limitation, all trademarks, service marks and trade names associated with the Software. Furthermore, you acknowledge and agree that this Agreement does not and shall not be construed to transfer to you any express or implied license to Atka's intellectual property or other proprietary rights, except as expressly set forth herein. All rights not expressly granted herein are reserved to Atka, including the right to make use of any and all trademarks, service marks or trade names associated with the Software.
2.3 Installation and Support. You are solely responsible for installation and configuration of the Software and do so at your own risk.
2.4 Transfer. You may not, rent, lease, sublicense, assign or transfer your rights in the Software, or authorize all or any portion of the Software to be copied onto another user's computer except as may be expressly permitted herein. You may, however, transfer all your rights to use the Software to another person or legal entity provided that: (a) you also transfer (i) this Agreement, and (ii) the Software and all other software or hardware bundled or pre-installed with the Software, including all copies, Updates and prior versions, to such person or entity; (b) you retain no copies, including backups and copies stored on a computer; and (c) the receiving party accepts the terms and conditions of this Agreement and any other terms and conditions upon which you legally purchased a license to the Software. Notwithstanding the foregoing, you may not transfer education, pre-release, or not for resale copies of the Software.
[NOTE – PLEASE LET ME KNOW IF YOU WILL BE PROVIDING A "SERVER" VERSION OF THE SOFTWARE. IF SO, WE WILL NEED TO MODIFY/SUPPLEMENT THE PRECEDING SECTION 2]
3. UPDATES. Atka, in its sole discretion, reserves the right to provide Updates to the Software in the future. You acknowledge and agree that Atka has no obligation to make available to you any Updates to the Software or, if any Updates are provided by Atka in the future, that Atka may charge additional license fees for such Updates. You also agree that if Atka provides an Update to a previous version of the Software, you must possess a valid license to such previous version in order to use such Update. Any Updates are provided to you on a license exchange basis. You agree that by using an Update you voluntarily terminate your right to use any previous version of the Software. As an exception, you may continue to use previous versions of the Software after you use the Update but only to assist you in the transition to the Update, provided that: (a) the Update and the previous versions are installed on the same computer; (b) the previous versions or copies thereof are not transferred to another party or computer unless all copies of the Update are also transferred to such party or computer; and (c) you acknowledge that any obligation Atka may have to support the previous versions of the Software may be ended upon availability of the Update.
[NOTE: IF YOU WILL BE PROVIDING PERIODIC SOFTWARE UPDATES, WE SHOULD RETAIN THE DEFINITION OF UPDATES IN THE DEFINITION OF "SOFTWARE" ABOVE, AND ALSO THE PRECEDING SECTION 3. IF NOT, WE NEED TO DELETE ALL REFERENCES TO "UPDATES"]
4. TERM AND TERMINATION.
4.1 Term. The Term of this Agreement shall commence on the date you agree to this Agreement and shall continue as long as you comply with the terms of this Agreement.
4.2 Actions on Termination. Upon termination, expiration, or cancellation of this Agreement for any reason, your right to the Software hereunder shall cease, the License granted hereunder shall terminate, and you shall immediately discontinue any and all use of the Software. All provisions of this Agreement which by their nature are intended to survive the expiration or termination of this Agreement shall survive and remain in full force and effect, including but not limited to the restrictions and obligations set forth in Sections 5, 6, 7.3, 7.6 and 7.7 of this Agreement.
5. NO WARRANTY. YOU ACKNOWLEDGE THAT THE SOFTWARE IS PROVIDED TO YOU FOR EVALUATION PURPOSES ONLY. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ATKA DOES NOT WARRANT THAT THE SOFTWARE WILL BE BUG-FREE OR FREE FROM PROGRAM ERRORS, OR THAT IT IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE. TO ATKA'S KNOWLEDGE, THE SOFTWARE DOES NOT CONTAIN ANY VIRUS OR MALICIOUS CODE.
EXCEPT AS OTHERWISE SET FORTH HEREIN, ATKA DOES NOT MAKE ANY REPRESENTATIONS REGARDING THE SOFTWARE AND DOES NOT MAKE ANY WARRANTY REGARDING THE USE, INSTALLATION, OR THE RESULTS OF THE USE OF THE SOFTWARE. YOU ARE SOLELY RESPONSIBLE FOR YOUR INSTALLATION AND USE OF THE SOFTWARE AND DO SO AT YOUR SOLE RISK.
6. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL ATKA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY OTHER PECUNIARY LOSS ARISING OUT OF THE INSTALLATION, USE, OR INABILITY TO USE, THE SOFTWARE (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS, DISRUPTION OF BUSINESS, LOSS OF PROFITS, OR ANY OTHER MATTER RELATING TO YOUR USE OR INABILITY TO USE THE SOFTWARE) OR RELATED IN ANY WAY TO THIS AGREEMENT OR THE SUBJECT THEREOF, WHETHER ARISING UNDER THEORIES OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR OTHER THEORY, REGARDLESS WHETHER ATKA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SET FORTH IN THIS SECTION 6 SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. NO OBLIGATION OR LIABILITY SHALL ARISE FROM ATKA'S RENDERING OF TECHNICAL OR OTHER ADVICE OR SERVICE IN CONNECTION WITH THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ADVICE OR SERVICE RELATED TO THE INSTALLATION OR CONFIGURATION OF THE SOFTWARE.
7. MISCELLANEOUS PROVISIONS.
7.1 Severability. The provisions of this Agreement are severable. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, such provision is to that extent to be deemed omitted and not part of this Agreement. The validity, legality, or enforceability of the remaining provisions shall in no way be affected or impaired thereby and shall be valid and enforceable to the maximum extent permitted by law.
7.2 Assignment. This Agreement shall be binding on and inure to the benefit of the parties hereto and their respective successors and assigns. Notwithstanding the foregoing, you shall not assign, sublicense, or otherwise transfer all or any part of this Agreement except as set forth in section 2.4.
7.3 Governing Law; Jurisdiction; Attorneys' Fees. This Agreement shall be construed as having been made in, and shall be governed in accordance with, the laws of the State of Minnesota, without regard to that state's choice of law rules or conflict of law provisions. You agree that both venue and personal jurisdiction over you shall be proper in any state or federal court in Dakota County, Minnesota for purposes of any disputes arising out of or related in any way to this Agreement, and you hereby irrevocably consent to the jurisdiction of such courts.
7.4 Indemnification. You agree to indemnify, defend and hold Atka, its affiliates and employees harmless from and against any and all liability and costs, including reasonable attorneys’ fees incurred by said parties, in connection with or arising out of your (a) violation or breach of any term of this Agreement or any applicable law, regulation, policy or guideline, whether or not referenced herein, or (b) violation of any rights of any third party, or (c) use or misuse of the Software.
7.5 Injunctive Relief. You acknowledge and agree that monetary damages alone would not be an adequate remedy in the event of a material breach by you of your obligations under this Agreement and that, in such event, Atka shall be entitled to injunctive relief to require you to comply with your obligations hereunder.
7.6 Export Restrictions. You shall not export or re-export the Software, or any part thereof, or any process or service that is the direct product of the Software (collectively the "Restricted Components"), to any country, person, or entity subject to United States export restrictions. You shall not export or re-export any of the Restricted Components: (i) to any country to which the U.S. has embargoed or restricted the export of goods or services, or to any national of any such country, wherever located, who intends to transmit or transport the Restricted Components to such country; (ii) to any person or entity who has been prohibited from participating in U.S. export transactions by any agency of the U.S. government; or (iii) otherwise in violation of applicable law. You represent and warrant that neither the U.S. Bureau of Industry and Security or its predecessor, nor any other U.S. federal agency, has suspended, revoked, or denied your export privileges.
7.7 Notice to U.S. Government End Users. The Software and Documentation are "Commercial Items," as that term is 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 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
7.8 Compliance with Licenses. If you are a business or organization, you agree that upon request from Atka or Atka's authorized representative, you will within thirty (30) days fully document and certify that use of any and all Software at the time of the request is in conformity with your valid licenses from Atka.
7.9 Entire Agreement. This Agreement constitutes the exclusive and entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior agreements, negotiations, representations and proposals, written or oral, relating to the subject matter hereof.
7.10 Modification and Wavier. No modification of this Agreement and no waiver of any breach of this Agreement shall be effective unless in writing and signed by an authorized representative of the party against whom enforcement is sought. No waiver of any breach of this Agreement and no course of dealing between the parties shall be construed as a waiver of any subsequent breach of this Agreement. The failure of either party at any time or times to require performance of any provision hereof shall in no manner affect the right at a later time to enforce such provision.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO INSTALL THE SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO ATKA THE RIGHTS SET FORTH HEREIN.
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