Magen - Malware Vigilance 1.5.4.2

EULA - End User License Agreement

LICENSE AGREEMENT

NOTICE:
A. By clicking the "accept" option or installing Magen (the "software"), you agree to be bound by the following terms and conditions. You are not obliged to accept these terms however the Software will not install and you will not be authorized to use it unless you accept them. If you do not agree to these terms, please abort the installation.

B: The Software and Services may automatically deactivate and become non-operational at the end of the Term, and you will not be entitled to receive any feature or content updates except if you chose to renew the Term.
END USER SOFTWARE LICENSE AGREEMENT

1. DEFINITIONS.
a. "Authorized Purposes" use of the Software for personal and noncommercial purposes

c. "Applicable Conditions" means the terms and conditions specified in your order when you downloaded the Software and may include any terms specifying the duration of the Initial Term and refers to a maximum of one computer on which you are authorized to use the Software.

f. "Free Services" means Services which are provided by Cyber Dome to you free of charge.

g. "Initial Term" means the period starting on the date you downloaded the Software until the term specified by the Applicable Conditions.

h. "Renewal Term" as defined in Section 3 of this agreement

i. "Services" the services provided with the Software or other services purchased or requested from Cyber Dome.

j. "Term" means the Initial Term with all Renewal Terms, if they apply.
2. GRANT OF LICENSE
a. Cyber Dome by this agreement grants to you a non-exclusive and non-transferable license during the applicable Term to use the Software and/or the Services only in executable form and only for Authorized Purposes in accordance with the Applicable Conditions. USAGE OF THE SOFTWARE OR THE SERVICES OTHER THAN AS EXPRESSLY AUTHORIZED BY THIS SECTION IS CONSIERED A MATERIAL BREACH OF THIS AGREEMENT.

b. You may not, nor may you permit any other person to:

b1. Reverse engineer, decompile, disassemble, modify, , make any attempt to discover the source code of the Software or create derivative works from the Software;

b2. Sublicense, rent or lease any portion of the Software and Services;

b3. Use the Software for the purpose of running a facility management, , service provider or service bureau services; or

b4. Use the Software and Services in any manner that is not explicitly stated in this License Agreement

C. The Software and Services may include third party features or may access third party content on a website, which may all be subject to third party terms.

D. EXCEPT AS EXPRESSLY PROVIDED BY SECTION 6.A OF THIS AGREEMENT, Cyber-Dome DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE FUNCTIONS OF THE SOFTARE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE ABILITY OF THE SOFTWARE TO SUCCESSFULLY DETECT ANY MALWARE.

E. You acknowledge since the Software's installation time is Cyber-Dome's reference point that the Software can't detect Malware that already exists in the computer at the time of the Installation.
F. Cyber-Dome, from time to time during the Term, may provide updates Magen which will be considered Software for all purposes. You acknowledge that you must from time to time download and permit installation of Updates in order to have the Software work properly and you acknowledge that all or some portion of each Update may be installed automatically. In no event shall Cyber-Dome be obligated to provide you with Updates following the expiration or termination of the Term, and Cyber-Dome in its sole discretion may terminate Updates for any version of the Software except for the most current Magen version, or Updates supporting use of Magen in conjunction with versions of third party systems or programs other than the most current version.
3. RENEWALS, TERMINATION.

a. Renewals. Except where automatic renewal programs are offered by Cyber Dome, then Cyber-Dome, prior to the conclusion of the Initial Term or the then-current Renewal Term, may propose you the option to extend the licenses granted by this Agreement at Cyber-Dome's then-current renewal price. You may accept these offer if you follow the instructions and paying the renewal price set forth in the offer and term of the Agreement will be extended for the applicable period accordingly.

b. Termination. Cyber Dome, shall be entitled to terminate the license granted by this Agreement without liability (i) for convenience on five (4) days' prior notice, provided that Cyber Dome, in its sole discretion, will refund to you your payments for license, prorated over the applicable term, or (ii) at any time without notice if you commit a material breach of this Agreement.

c. Effect of Termination. Once this agreement expires or terminates, you will agree to cease using the Software or the Services and Cyber-Dome will cease sending you Updates and the Software may therefore cease functioning. Sections 4, 5, 6, 7 and 9 will be applicable also after this agreement expires.
4. SERVICES.
You understand and agree to be bound by the terms and conditions which cover the provision of the Services according to your order or Cyber Dome's policy. Services may include technical support which may be provided by Cyber Dome. Any such technical Support shall be provided in Cyber Dome's sole discretion without any guarantee or warranty of any kind.
5. OWNERSHIP.

a. Cyber Dome reserves all rights in the Software and Services not expressly granted by this Agreement. All copyrights and trademarks or other intellectual property rights in and to the Software and Services (including, but not limited to, images and displays in the Software and its documentation relating to the Software) are owned by Cyber Dome and are protected by copyright or other applicable laws or international treaties. Any copy of the Software you are allowed to make under this Agreement must contain the entire copyright and other notices included.

b. Any trade names, trademarks, or logos, domain names or other Cyber Dome's brand features used with, or relating to any third party products or services available on or through the Software or Services are the property of the third party providers or their respective licensors. You are not permitted to use, and have no rights on any Third Party Marks.
6. WARRANTIES.
a. General. Cyber Dome warrants that on delivery of the Software and for a period of thirty (45) days thereafter, that the medium (if any) on which the Software is delivered will be free of material defects, but does not warrant that the Software will perform substantially in accordance with the applicable specifications or will meet your requirements or that operation of the Software and Services will be uninterrupted or that the Software and Services will be error-free. Your sole and exclusive remedy for breach of this Warranty is by replacement of or Software or media, if applicable, at Cyber Dome option, return of the Software for a refund by following the instructions at www.Cyber-Dome.com/refund . In order to claim your rights you must uninstall and destroy all copies of the Software and if you purchased the Software by download, and contact us with your refund request.

b. Free Services. All free services are provided on an "AS IS" and "AS AVAILABLE" basis, without any warranty and without support by Cyber Dome.

c. Disclaimer. EXCEPT AS EXPRESSLY PROVIDED BY SECTION 6.a OF THIS AGREEMENT, Cyber Dome DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE AND/OR SERVICES OR SUBJECT MATTER OF THIS AGREEMENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS OR NONINFRINGEMENT. CYBER DOME DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE AND/OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, THAT THE SOFTWARE WILL PROVIDE 100% PROTECTION.

d. Hazardous Environments. You acknowledge that the Software is not designed or licensed for use in hazardous environments, such as operation of facilities which operate nuclear materials, aircraft navigation systems, aircraft communication systems, air traffic control, life support or army systems and any other environment in which bodily injury or death could result from failure of or inability to use the Software. Cyber Dome hereby disclaim any express or implied warranties of fitness for such uses.

7. LIMITATION OF LIABILITY.
IN NO EVENT SHALL CYBER DOME BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES WHATSOEVER, WITHOUT REGARD TO CAUSE OR THEORY OF LIABILITY (INCLUDING, WITHOUT LIMITATION, DAMAGES INCURRED FOR LOSS OF BUSINESS RELATED PROFITS OR INCOME, LOSS OF PRIVACY, LOSS OF USE OF ANY HARDWARE OR SOFTWARE INCLUDING THE SOFTWARE, BUSINESS ACTIVITIES INTERRUPTION, LOSS OF INFORMATION OF ANY KIND OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE SOFTWARE AND/OR SERVICES PROVIDED HEREUNDER, EVEN IF CYBER DOME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CYBER DOME WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO, OR ANY CORRUPTION, ERASURE, THEFT, DESTRUCTION, ALTERATION OR INADVERTENT DISCLOSURE OF, DATA INFORMATION OR CONTENT TRANSMITTED, RECEIVED OR STORED ON ITS SYSTEM CAUSED BY CIRCUMSTANCES OUTSIDE OF Cyber Dome's CONTROL. IN NO EVENT SHALL CYBER DOME LIABILITY RELATED THE SOFTWARE AND/OR SERVICES EXCEED THE PURCHASE PRICE WHICH YOU PAID FOR THE RESPECTIVE SERVICE PERIOD.
8. INDEMNIFICATION.
You agree to indemnify and defend CYBER DOME and its respective directors, and employees or representatives from all losses, expenses, damages and expenses, which result from your use of the Services or any violation of yours of this Agreement, including although with no limitation, to any breach or alleged breach of any of your representations, warranties or undertakings hereunder.

9. PRIVACY AND SECURITY.

a. General. You acknowledge that Cyber Dome may collect and use certain information regarding the users of the Software and/or the Services, including certain information from the user's computer. You hereby agree to Cyber Dome collection and use of such information, as well as direct messages of product and important service messages to your computer.

b. Registration Information. In order to activate the Software or the Services, you may be required to register with Cyber Dome over the Internet. By this agreement you state that the registration information provided is correct and, YOU CONSENT DURING THE TERM OF THIS AGREEMENT AND FOR ONE YEAR THEREAFTER TO Cyber Dome SHARING YOUR CONTACT INFORMATION WITH ITS BUSINESS PARTNERS TO PRESENT YOU WITH INFORMATION THAT MIGHT BE INTERESTING TO YOU, SUCH AS PROPOSALS OF SOFTWARE, SERVICES AND OTHER PRODUCTS.

d. Fair Processing Notice. Cyber Dome will use its best commercial efforts to protect your information from unauthorized use or loss and will only pass your data to our business partners, to fulfill your requirements or if the local law requires us to do so. The information Cyber Dome and the Software and/or Services collects from your computer is utilized in product and security improvement, to transmit notices to your computer or to generate e-mail of commercial nature. You may opt-out of e-mail marketing at any time by clicking the relevant link in the e-mail message or contacting customer support.
10. MISCELLANEOUS.
a. Notice. Cyber Dome may deliver any notice to you via dialog box or other electronic means, even though you may not receive the notice unless and until you launch the Software and/or Services which will be deemed delivered on the date Cyber Dome first makes it available through the Software and/or Services, whether you actually receive it or not.

c. Complete Agreement. This License Agreement is the entire agreement between You and Cyber Dome relating to the Software and Services and: (i) supersedes all prior or contemporaneous oral or written communications, proposals, and representations and (ii) prevails over any conflicting or additional terms of any quote, order, acknowledgment between the parties.

d. Amendments, Waiver. This Agreement may not be modified in any manner except by an Agreement in writing signed by both parties or by a further electronic agreement presented by Cyber-Dome and accepted by you.

f. Governing Law. This Agreement will be governed by the laws of Israel. The exclusive jurisdiction for any dispute will be courts sitting in Haifa Israel.

h. No Third Party Beneficiaries to the Agreement. This agreement is intended solely for the benefit of you and Cyber Dome. No other person nor party may bring a cause of action following this License Agreement as a third party beneficiary.

j. Internet connection. You acknowledge that certain Software may require an appropriate and continuous Internet connection to function. It is therefore your responsibility to ensure that you have such required connection.