Abtrusion Security AB ("ABTRUSION"), incorporated in Sweden with organization
number 556628-9566 is willing to license the Abtrusion Protector software
("SOFTWARE") to you ("LICENSEE") only upon the condition that you accept all of
the terms of this license agreement. Please read the agreement
carefully before installing the SOFTWARE. If you do not agree to the terms of
the agreement, ABTRUSION is unwilling to license the SOFTWARE to you, and you
may not use the SOFTWARE.
OWNERSHIP OF THE SOFTWARE
LICENSEE acknowledges that the SOFTWARE belongs to ABTRUSION and that
ABTRUSION retains all rights to the SOFTWARE. LICENSEE acknowledges that the
SOFTWARE is protected by Swedish copyright laws, by copyright laws of other
countries and by international treaties.
GRANT OF LICENSE
ABTRUSION grants to LICENSEE a non-exclusive, non-transferable right, to
load, install and use one copy of this SOFTWARE for a period of sixty days
("EVALUATION PERIOD"). LICENSEE agrees to use the EVALUATION PERIOD to test the
SOFTWARE in LICENSEE's own computer environment. After the EVALUATION PERIOD,
LICENSEE may continue to use the SOFTWARE, provided that LICENSEE first at the
then current price and at the then current license terms from ABTRUSION obtains
one permanent license to use the SOFTWARE for each computer on which LICENSEE
will use the SOFTWARE. LICENSEE has no right to sub-license the SOFTWARE.
LICENSEE agrees to use the SOFTWARE only for LICENSEE's own business. LICENSEE
is entitled to make one additional copy of the SOFTWARE for back up purposes.
LICENSEE is not granted any other right than what is expressly stated in this
agreement or granted by cumpulsory law. LICENSEE may not remove trademark or
copyright markings in the SOFTWARE. If there are third party patents and/or
regulations that limit the use of the SOFTWARE in certain geographical areas
where LICENSEE will use the SOFTWARE, LICENSEE must obtain the additional
licenses or permits needed to use the SOFTWARE.
This license agreement is effective upon LICENSEE's acceptance and shall
remain in effect for as long as LICENSEE uses or retains a copy of the SOFTWARE.
This license agreement may be terminated by ABTRUSION if LICENSEE fails to
comply with the terms and conditions of this agreement. Upon termination of this
agreement LICENSEE shall permanently delete all copies of the SOFTWARE.
LICENSEE is aware of the fact that the SOFTWARE may not work without
interruption or be error-free. The SOFTWARE may affect or be affected by other
software installed on the same computer.
ABTRUSION PROVIDES THE SOFTWARE "AS IS" AND DOES NOT WARRANT THAT THE
SOFTWARE WILL MEET ANY REQUIREMENTS OR BE ERROR FREE. ABTRUSION FURTHERMORE
EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF
ANY, APPLY, UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR
EXCLUSION BY CONTRACT.
LICENSEE is in no event entitled to any remedy such as new delivery or repair
due to the SOFTWARE having errors or not conforming to specifications.
IN NO EVENT WILL ABTRUSION BE LIABLE TO LICENSEE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT
LIMITED TO ANY LOSS OF PROFITS, LOST SAVINGS, LOSS OF BUSINESS OPPORTUNITY, OR
OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF LICENSEE'S USE OF OR
INABILITY TO USE THE SOFTWARE OR THE COMPUTER ON WHICH THE SOFTWARE IS
INSTALLED, EVEN IF ABTRUSION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. LICENSEE HAS ACCEPTED THE DISCLAIMER OF LIABILITY AS PART OF THE BASIS
OF THE BARGAIN AND UNDERSTAND THAT THE COST TO LICENSE OR EVALUATE THE SOFTWARE
WOULD BE HIGHER IF ABTRUSION WERE REQUIRED TO BEAR LIABILITY FOR SUCH DAMAGES.
LIABILITY FOR DAMAGES PROVIDED BY MANDATROY LAW WILL NOT APPLY, UNLESS THEY ARE
REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. IN NO
CASE WILL ABTRUSION'S TOTAL LIABILITY TO LICENSEE ARISING OUT OF OR RELATING TO
THE SOFTWARE OR THIS AGREEMENT EXCEED THE AMOUNT PAID BY LICENSEE TO ABTRUSION
FOR THE LICENSE OF THE SOFTWARE.
This license agreement contains the entire agreement between ABTRUSION and
LICENSEE with respect to the license of the SOFTWARE. This license agreement is
not assignable or transferable by LICENSEE without prior written approval of
ABTRUSION. This license agreement is governed by the laws of Sweden. Any
disputes regarding the SOFTWARE or this license agreement shall be settled in
Stockholm, Sweden. The prevailing party in any dispute related to the SOFTWARE
or this agreement is entitled to recover its reasonable attorney's fees and