End User License Agreement
The software that is subject to this End User’s Software License Agreement (“EULA”) is the PITBULL SOFTWARE (the “Licensed Software”, as more fully defined below). The licensor of the Licensed Software is PENTA SECURITY SOLUTIONS, a company having its principal place of business at Av. Rivadavia 717, Flat 8, office 808 (C1002AAF) – Buenos Aires – Argentina. This EULA is a legally binding agreement between the Licensee and PENTA SECURITY SOLUTIONS pursuant to which PENTA SECURITY SOLUTIONS licenses the use of the Licensed Software to the Licensee (the “Licensee”). Please read it carefully. If you have any questions concerning this EULA, please contact PENTA SECURITY SOLUTIONS.
Any installing, copying, accessing, or using the Licensed Software by you (the “Licensee”) constitutes Licensee’s acceptance of, and promise to comply with, all of the terms and conditions of this EULA.
The “Licensed Software” includes all of the contents of the files, disk(s), CD-ROM(s), DVDs, or other media for which this EULA is provided, including:
1. third party computer information or software that PENTA SECURITY SOLUTIONS has licensed for inclusion in the Licensed Software;
2. written materials or files relating to the Licensed Software (“Documentation”);
3. fonts; and
4. upgrades, modified versions, updates, additions, and copies of the Licensed Software, if any
Licensee may install the number of Licenses purchased. This present EULA shall apply to all installations of the Licensed Software. Installation of the Licensed Software on anything more than the number of Licenses purchased is prohibited. Licensee shall be solely responsible for all expenses incurred in Licensee’s installation and use of the Licensed Software.
The Licensed Software contains technological measures that are designed to prevent its unlicensed or illegal use. The Licensed Software may contain enforcement technology that limits Licensee’s ability to install and uninstall the Licensed Software on a machine to no more than a finite number of times, and for a finite number of computers.
The Licensed Software may require activation as explained during installation and in the Documentation. If Licensee has any problem with the activation process, Licensee should contact PITBULL SOFTWARE customer support.
Licensee may make one copy of the Licensed Software for backup or archival purposes only, except that the Documentation may not be duplicated.
Licensee may not sell, assign, or transfer the Licensed Software or the License granted by this EULA without prior written consent of PENTA SECURITY SOLUTIONS.
The license granted by the EULA is not exclusive. PENTA may grant similar licenses to this agreement to third parties.
1. Licensee may not modify, adapt, translate, sublicense, rent, lease, or loan all or any portion of the Licensed Software or Documentation;
2. Licensee may not create any derivative works from all or any portion of the Licensed Software or Documentation;
3. Licensee may not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Licensed Software;
4. Licensee may not use a previous version of the Licensed Software after receiving a media
replacement or upgraded version as a replacement to a prior version (in such case Licensee must destroy the prior version);
5. Licensee may not use the Licensed Software in the operation of any business, aircraft, ship,
nuclear facilities, life support machines, communication systems, or any other equipment in which the failure of the software could lead to personal injury, death, or environmental damage;
6. Licensee may not remove or obscure PENTA SECURITY SOLUTIONS copyright or trademark notices, or the copyright and trademark notices of third parties that PENTA SECURITY SOLUTIONS has included in the Licensed Software or Documentation; and
7. Licensee may not use the Licensed Software to host applications for third parties, as part of a facility management, timesharing, service provider, or service bureau arrangement; and
8. Licensee may not use the Licensed Software in any manner that is illegal or not authorized by this EULA.
The Licensed Software enables the Licensee to enter content that will be stored on the computer on which the Licensed Software is installed (such content shall be referred to herein as the “Content”). Licensee is solely responsible for Licensee’s use, storage and disclosure of the Content. Licensee may only use the Content responsibly, in a manner consistent with the exercise of good judgment. The Licensed Software will permit the Licensee to enter Content that constitutes non-public personal information of individuals other than the Licensee; the Licensee shall not use, store or disclose any such information without the express consent of the individuals to whom it relates. If Licensee is having difficulty deciding whether Licensee’s intended use is appropriate, or whether Licensee needs written permission, or whether other legal issues should be considered, PENTA SECURITY SOLUTIONS strongly encourages Licensee to seek competent legal counsel. PENTA SECURITY SOLUTIONS will not assist Licensee in making this determination, nor can PENTA SECURITY SOLUTIONS provide Licensee with legal advice as to intellectual property rights or privacy laws.
Licensee may only use Content which belongs to Licensee and will not violate the rights of others therein. PENTA SECURITY SOLUTIONS will not edit or monitor Content; Licensee therefore assumes exclusive responsibility for the monitoring thereof. Licensee may not use the Licensed Software in conjunction with content that is illegal, obscene, indecent, defamatory, incites racial or ethnic hatred or violates the rights of others, or is in any other way objectionable.
If Licensee or Licensee’s attorney determines that Licensee is required by law to obtain written permission to use portions of the Content, Licensee must request permission for reproduction, redistribution, or modification of the Content from the appropriate owner of the subject materials (as may be cited in the Licensed Software). If, on the other hand, Licensee or Licensee’s attorney determines it is permissible to proceed and include Content from the Licensed Software, PENTA SECURITY SOLUTIONS asks Licensee to correctly designate PENTA SECURITY SOLUTIONS trademark(s) when referring to the licensed software in the notice or copyright portion of Licensee’s paper, project, or product. Licensee shall indemnity, hold harmless, and defend PENTA SECURITY SOLUTIONS and the Licensor suppliers from all claims, damages, attorneys’ fees, costs, and lawsuits that arise from, or result from, Licensee’s use or distribution of Content and its use of the Licensed Software.
If the Licensed Software is an update to a previous version, Licensee must possess a valid License to the previous version. Any update provided by PENTA SECURITY SOLUTIONS to Licensee is made on a License exchange basis such that Licensee agrees, as a condition for receiving an Update, that Licensee will terminate all of Licensee’s rights to use any previous version of the Licensed Software. However, Licensee may continue to use the previous version only to assist in transitioning to the Updated version. Once an Update has been released, PENTA SECURITY SOLUTIONS may cease support for prior versions, without any notice to Licensee.
PENTA SECURITY SOLUTIONS is not obligated by this EULA to provide Licensee with any technical support services relating to the Licensed Software; however, Licensee may order additional support services for an additional charge as PENTA SECURITY SOLUTIONS may offer from time to time during the term of this EULA.
Limited Warranty on Media
PENTA SECURITY SOLUTIONS warrants that the media on which the Licensed Software is distributed will be free from defects for a period of 30 days from the date the Licensed Software is delivered to Licensee. If Licensee discovers a defect in the media during this 30-day period, Licensee must then return the defective media to PENTA SECURITY SOLUTIONS within 10 calendar days of discovering the defect, and Licensee’s sole remedy is to have either the defective media replaced, or at PENTA SECURITY SOLUTIONS sole option, a refund of the money that Licensee paid for the Licensed Software. The warranty given in this paragraph is the only warranty given by PENTA SECURITY SOLUTIONS hereunder.
No Warranty on Licensed Software
The Licensed Software is provided to Licensee “AS IS.” PENTA SECURITY SOLUTIONS, and PENTA SECURITY SOLUTIONS suppliers or affiliates, make no warranty as to its use or performance. PENTA SECURITY SOLUTIONS, and PENTA SECURITY SOLUTIONS affiliates, make no warranties, conditions, representations, or terms (express or implied whether by statute, common law, custom, usage, or otherwise) as to any matter including without limitation non-infringement of third party rights, merchantability, integration, satisfactory quality, or fitness for any particular purpose, except for, and to the extent, that a warranty may not be excluded or limited by applicable law in Licensee’s jurisdiction.
Limitation of Liability
In no event will PENTA SECURITY SOLUTIONS, or PENTA SECURITY SOLUTIONS affiliates, be liable to Licensee for any damages, claims, or costs whatsoever, or for any consequential, indirect, incidental damages, or any lost profits or lost savings, even if a representative of PENTA SECURITY SOLUTIONS or one of PENTA SECURITY SOLUTIONS affiliates has been advised of the possibility of such loss, damages, claims, or costs, or for any claim by any third party. These limitations and exclusions apply to the extent permitted by applicable law in Licensee’s jurisdiction. The aggregate liability of PENTA SECURITY SOLUTIONS, and PENTA SECURITY SOLUTIONS affiliates, under or in connection with this EULA, shall be limited to the amount paid for the licensed software, if any.
Additional Terms for Beta Software
If the Licensed Software that Licensee receives with this EULA is pre-commercial release or “BETA” software (“Pre-release Software”), then, to the extent that any provision in this section is in conflict with any other term or condition in this EULA, this section supersedes such conflicting term(s) and condition(s) as to the Pre-release Software, but only to the extent necessary to resolve the conflict.
Licensee acknowledges that the Pre-release Software does not represent the final product from PENTA SECURITY SOLUTIONS, and may contain bugs, errors, and other problems that could cause system or other failures and data loss. Consequently, PENTA SECURITY SOLUTIONS disclaims any warranty or liability obligations to Licensee of any kind whatsoever.
In applicable jurisdictions where liability cannot be so excluded for pre-release software, but may be limited, PENTA SECURITY SOLUTIONS liability, and that of its suppliers, shall be limited to the lesser of the amount paid by Licensee and fifty United States dollars (U.S. $50.00). The foregoing limitation of liability applies to any version of the licensed software, pre-release or post-release.
Licensee acknowledges that PENTA SECURITY SOLUTIONS has not promised or guaranteed to Licensee that the Pre-release Software will be announced or made available to anyone in the future, and that PENTA SECURITY SOLUTIONS has no express or implied obligation to Licensee to announce or introduce the Pre-release Software. PENTA SECURITY SOLUTIONS may decide not to introduce a product similar to, or compatible with, the Pre-release Software. Accordingly, Licensee acknowledges that any research or development that Licensee performs regarding the Pre-release Software, or any product associated with the Pre-release Software, is done entirely at Licensee’s own risk.
During the term of this EULA, if requested by PENTA SECURITY SOLUTIONS, Licensee will provide feedback to PENTA SECURITY SOLUTIONS regarding testing and use of the Pre-release Software, including error or bug reports.
If Licensee has been provided the Pre-release Software pursuant to a separate written agreement, then Licensee’s use of the Pre-release Software is also governed by that agreement. Notwithstanding anything in this EULA to the contrary, if Licensee is located outside Argentina, Licensee will return or destroy all unreleased versions of the Pre-release Software within 30 days of the completion of Licensee’s testing of the Pre-release Software if that date is earlier than the date scheduled for PENTA SECURITY SOLUTIONS first commercial shipment of the publicly released (commercial) Software.
Survival of Disclaimers
The exclusions of warranties, indemnification obligations and liability limitations shall survive the termination of this EULA, however caused; but this survival shall not imply or create any continued right to use the Licensed Software after termination of this EULA.
Licensee shall not ship, transfer, or export Licensed Software into any country or use Licensed Software in any manner prohibited by Argentina export laws or any other export laws, restrictions, or regulations applicable to the Licensee (collectively the “Export Laws”) If the Licensed Software is identified as export controlled items under the Export Laws, Licensee represents and warrants that Licensee, and Licensee’s employees who will use the Licensed Software are not a citizen, or otherwise located within, an nation embargoed by Argentina, and that Licensee, and Licensee’s employees who will use the Licensed Software, are not otherwise prohibited under the Export Laws from receiving the Software. All rights to use the Licensed Software are granted on condition that Licensee complies with the Export Laws, and all such rights are forfeited if Licensee fails to comply with the Export Laws.
This EULA is subject to, and will be governed by and construed in accordance with the substantive laws in force of the country of Argentina whose courts shall have exclusive jurisdiction over disputes arising hereunder.
Intellectual Property Ownership
The Licensed Software and any authorized copies that Licensee makes are the intellectual property of, and are owned by, PENTA SECURITY SOLUTIONS, and by third parties whose intellectual property has been licensed by PENTA SECURITY SOLUTIONS. The structure, organization, and code of the Licensed Software are the valuable trade secrets and confidential information of PENTA SECURITY SOLUTIONS and such third parties. The Licensed Software is protected by law, including without limitation, the copyright laws of Argentina and other countries, and by international treaty provisions. Except as expressly provided in this EULA, Licensee is not granted any intellectual property rights in the Licensed Software. Licensee may not make or publish any public statement concerning the Licensed Software or PENTA SECURITY SOLUTIONS without the prior express written consent of PENTA SECURITY SOLUTIONS.
Reservation of Rights
PENTA SECURITY SOLUTIONS reserves all rights not expressly granted to Licensee by this EULA. The rights granted to Licensee are limited to PENTA SECURITY SOLUTIONS intellectual property rights, and to the intellectual property rights of third parties licensed by PENTA SECURITY SOLUTIONS, and do not include any intellectual property rights.
This EULA constitutes the entire agreement between the Licensee and PENTA SECURITY SOLUTIONS relating to the Licensed Software, and it supersedes all prior or contemporaneous representations, discussions, undertakings, communications, agreements, arrangements, advertisements, and understandings regulating to the Licensed Software.
This EULA may only be modified or amended by a writing signed by an authorized officer of PENTA SECURITY SOLUTIONS.
If any provision of this EULA is determined by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this EULA will remain in full force and effect.
No failure or delay by PENTA SECURITY SOLUTIONS in exercising its rights or remedies shall operate as a waiver unless made by specific written notice. No single or partial exercise of any right or remedy of PENTA SECURITY SOLUTIONS shall operate as a waiver or preclude any other, or further, exercise of that, or any other right, or remedy.
Proof of Compliance
Within 30 calendar days after request from PENTA SECURITY SOLUTIONS, or PENTA SECURITY SOLUTIONS authorized representative, Licensee will provide full documentation, and certify under penalty of perjury, that Licensee’s use of any and all Licensed Software is in conformity with this EULA.
If Licensee breaches this EULA, and fails to cure any breach within 30 calendar days after request from PENTA SECURITY SOLUTIONS, or PENTA SECURITY SOLUTIONS authorized representative, PENTA SECURITY SOLUTIONS may terminate this EULA, whereupon all rights granted to Licensee shall immediately cease. Furthermore, upon termination, Licensee shall return to PENTA SECURITY SOLUTIONS all copies of the Licensed Software, or verify in writing that all copies of the Licensed Software have been destroyed.