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END USER LICENSE AGREEMENT
IMPORTANT - READ CAREFULLY: The ONLINE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The ONLINE PRODUCT is licensed, not sold. 1. GRANT OF LICENSE. The ONLINE PRODUCT is licensed as follows: * Installation and Use. IDTC grants you the right to install and use copies of the ONLINE PRODUCT on your computer.* Backup Copies. You may also make copies of the ONLINE PRODUCT as may be necessary for backup and archival purposes. 2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. * Maintenance of Copyright Notices. You must not remove or alter any copyright notices on all copies of the ONLINE PRODUCT. 3. TERMINATION. Without prejudice to any other rights, IDTC may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the ONLINE PRODUCT and execute a Letter of Software Intellectual Property Destruction. 4. COPYRIGHT. All title, including but not limited to copyrights, in and to the ONLINE PRODUCT and any copies thereof are owned by IDTC or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the ONLINE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by IDTC. 5. U.S. GOVERNMENT RESTRICTED RIGHTS. The ONLINE PRODUCT is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is P.O. Box 853 6. EXPORT RESTRICTIONS. You agree that you will not export or re-export the ONLINE PRODUCT to any country, person, entity or end user subject to U.S.A. export restrictions. Restricted countries currently include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria. You warrant and represent that neither the U.S.A. Bureau of Export Administration nor any other federal agency has suspended, revoked or denied your export privileges. 7. NO WARRANTIES. IDTC expressly disclaims any warranty for the ONLINE PRODUCT. THE ONLINE PRODUCT AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE ONLINE PRODUCT REMAINS WITH YOU. 8. LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, in no event shall IDTC or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the ONLINE PRODUCT or the provision of or failure to provide Support Services, even if IDTC has been advised of the possibility of such damages. In any case, IDTC's entire liability under any provision of this EULA shall be limited to the amount actually paid by you for the ONLINE PRODUCT; provided however, if you have entered into a IDTC Support Services Agreement, IDTC's entire liability regarding Support Services shall be governed by the terms of that agreement. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you. 9. MISCELLANEOUS. This EULA is governed by the laws of the County of San Diego, State of California U.S.A. Should you have any questions concerning this EULA, or if you desire to contact IDentity Theft Clinic for any reason, please write: |