DYNICS IO-DEFENDER SERVICE AGREEMENT
This End-User License Agreement ("EULA") is a contract between (a) you (either an individual or the entity you represent) and (b) DYNICS (“DYNICS”) that governs your use of the software product (“Software”). The term "Software" may include (i) associated media, (ii) a user guide and other printed materials, and (iii) "online" or electronic documentation (collectively “User Documentation”).
RIGHTS IN THE SOFTWARE ARE OFFERED ONLY ON THE CONDITION THAT YOU AGREE TO ALL TERMS AND CONDITIONS OF THIS EULA. BY INSTALLING, COPYING, DOWNLOADING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THIS EULA. IF YOU DO NOT ACCEPT THIS EULA, DO NOT INSTALL, DOWNLOAD, OR OTHERWISE USE THE SOFTWARE. YOUR INSTALLATION OF THIS SOFTWARE ALSO OPERATES AS YOUR CONSENT TO THE TRANSMISSION OF CERTAIN STANDARD COMPUTER INFORMATION AND TO THE AUTOMATIC DOWNLOADING AND INSTALLATION OF UPDATES ON YOUR COMPUTER.
1. LICENSE RIGHTS. You will have the following rights provided you comply with all terms and conditions of this EULA:
1.1 Use. DYNICS grants you a license to Use one copy of the DYNICS Software. "Use" means installing, copying, storing, loading, executing, displaying, or otherwise using the DYNICS Software; provided, however, that “Use” shall obey the conditions listed on Section 4. You may not modify the DYNICS Software or disable any licensing or control feature of the DYNICS Software. Additional restrictions on Use may appear in the User Documentation. You may not separate component parts of the DYNICS Software for Use. You do not have the right to distribute the DYNICS Software.
1.2 Copying. Your right to copy means you may make archival or back-up copies of the DYNICS Software, provided each copy contains all the original DYNICS Software's proprietary notices and is used only for back-up purposes.
2. THIRD PARTY SOFTWARE. The Software may include, in addition to DYNICS proprietary software (“DYNICS Software”), software under licenses from third parties (“Third Party Software” and “Third Party License”). Any Third Party Software is licensed to you subject to the terms and conditions of the corresponding Third Party License. Generally, the Third Party License is located in a file such as license.txt or read.me file; you should contact DYNICS support if you cannot find any Third Party License. The Software may also be used in conjunction with third-party components created and distributed by other companies, such as extension utilities and communication drivers, which may add their own files on the same folders where the Software is installed; but those third-party components, and any other file that is not included in the initial Software installation, they are not part of the Software, therefore they are not part this agreement and subject to the terms of their own companies.
3. PROPRIETARY RIGHTS. All intellectual property rights in the Software and User Documentation are owned by DYNICS or its suppliers and are protected by law, including applicable copyright, trade secret, patent, and trademark laws. You will not remove any product identification, copyright notice, or proprietary restriction from the Software.
4. USE OF THE SOFTWARE BY YOU.
4.2 Unless you have been specifically permitted to do so in a separate agreement with DYNICS, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Software for any purpose; provided, however, that you will not be in default of the terms and provisions of this EULA if you maintain a back-up copy of the Software.
4.3 You agree that you are solely responsible for (and that the DYNICS has no responsibility to you or to any third party for) any breach of your obligations under the terms and provisions of this EULA, and for the consequences (including any loss or damage which DYNICS may suffer) of any such breach.
4.4 You agreed that you cannot execute the DYNICS Software if you are our direct competitor, except with our prior written consent. In addition, the verification for performance, functionality or availability is granted only for the end-users applications, end-users tests and end-users evaluation, not for other benchmarking or competitive purposes from, or at the service of, direct competitors.
5. SOFTWARE UPDATES.
5.1 The Software may automatically download and install updates from time to time from DYNICS. These updates are designed to improve, enhance and further develop the Software and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit DYNICS to deliver these to you) as part of your use of the Software.
5.2 You acknowledge and agree that DYNICS may, from time to time, release new versions of the Software, and that you may be required to pay for those new releases in order to obtain them, and that they will not necessarily be available for free or by automatic download.
6. LIMITATION ON REVERSE ENGINEERING. You may not reverse engineer, decompile, or disassemble the DYNICS Software.
7. TERM; TERMINATION OF EULA.
7.1 This EULA shall be effective as of the date of your installation of the Software, and shall continue to apply until terminated by either you or DYNICS as set out below.
7.2 If you want to terminate this EULA, you may do so by (a) notifying DYNICS at any time and (b) paying any balances that you may owe to DYNICS for the use of the Software, and (c) by removing all copies of the Software from your computers and by ceasing all further use of said Software.
7.3 DYNICS may at any time, terminate this EULA with you if:
(B) DYNICS is required to do so by law (for example, where the provision of the Software to you is, or becomes, unlawful); or
(C) the provision of the Software to you by DYNICS is, in DYNICS’s sole opinion, no longer commercially viable.
7.4 When this EULA terminates, all of the legal rights, obligations and liabilities that you and DYNICS have benefited from, been subject to (or which have accrued over time whilst the EULA has been in force) or which are expressed to continue indefinitely.
8. EXCLUSION OF WARRANTIES.
8.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE SOFTWARE IS PROVIDED "AS IS" AND “AS AVAILABLE.”
8.2 IN PARTICULAR, DYNICS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SOFTWARE WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SOFTWARE WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU PURSUANT TO THIS EULA WILL BE CORRECTED.
8.3 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
8.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DYNICS OR THROUGH OR FROM THE SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
8.5 DYNICS FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
9. LIMITATION OF LIABILITY.
9.1 SUBJECT TO OVERALL PROVISION IN SECTION 8 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT DYNICS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE THAT MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(1) ANY CHANGES WHICH DYNICS MAY MAKE TO THE SOFTWARE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SOFTWARE (OR ANY FEATURES WITHIN THE SOFTWARE);
(2) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SOFTWARE;
(3) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
9.2 THE LIMITATIONS ON DYNICS’S LIABILITY TO YOU IN PARAGRAPH 9.1 ABOVE SHALL APPLY WHETHER OR NOT DYNICS HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
9.3 LIMITATION OF REMEDIES: DYNICS ’ entire liability and your exclusive remedy shall be the replacement of any CD-ROM or media not meeting DYNICS ’ “Limited Warranty” which is returned to DYNICS with a copy of your receipt within the warranty period. The remedy for breach of this warranty shall be limited to replacement and shall not encompass any other damages including but not limited to loss of profit, special, incidental, consequential, or other similar claims arising out of the use or inability to use such program even if DYNICS has been advised of the possibility of such damages, or for any claim by any other third party.
10. CHANGES TO THE TERMS AND PROVISIONS OF USE.
11. COMPLIANCE WITH EXPORT LAWS. You will comply with all laws, rules, and regulations (i) applicable to the export or import of the Software, or (ii) restricting the Use of the Software, including any restrictions on nuclear, chemical, or biological weapons proliferation.
12. INDEMNIFICATION. You shall indemnify and hold harmless DYNICS, its officers, agents and employees from and against any claims, demands, or causes of action whatsoever, including without limitation those arising on account of your modification or enhancement of the Software or otherwise caused by, or arising out of, or resulting from, the exercise or practice of the license granted hereunder, its subsidiaries or their officers, employees, agents or representatives.
13. RESERVATION OF RIGHTS. DYNICS and its suppliers reserve all rights not expressly granted to you in this EULA.
14. GENERAL LEGAL TERMS.
14.1 Entire Agreement. This EULA constitutes entire agreement between you and DYNICS and governs your use of the Software (but excluding any services that DYNICS may provide to you under a separate written agreement), and completely replaces any prior agreements between you and DYNICS in relation to the Software.
14.5 Anticipated Beneficiaries. You acknowledge and agree that each member of the group of companies of which DYNICS is the parent shall be third party beneficiaries to this EULA and that such other companies shall be entitled to directly enforce, and rely upon, any provision of this EULA which confers a benefit on (or rights in favor of) them. Other than this, only authorized DYNICS distributors may be third party beneficiaries to the EULA if a specific written authorization from DYNICS is provided to the distributor to act on its behalf on enforcing a DYNICS right.
IN WITNESS WHEREOF, by selecting the Agree box both the parties have entered into this EULA as of the Effective Date of being approved.