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END USER LICENSE AGREEMENT
NOTICE: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CARFULLY BEFORE CONTINUING. END USER LICENSE AGREEMENT (“EULA”) IS A LEGAL AGREEMENT BETWEEN YOU AND PRIVACYDEFENSE. INSTALLING, ACCESSING, COPYING OR USING THIS SOFTWARE, CREATES A LEGALLY ENFORCEABLE CONTRACT AND CONSTITUTES ACCEPTANCE OF ALL TERMS AND CONDITIONS OF THIS AGREEMENT WITHOUT MODIFICATION. IF YOU ARE NOT AUTHORIZED TO ENTER INTO THIS AGREEMENT, OR IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THEN YOU MUST NOT INSTALL, ACCESS, COPY OR USE PRIVACYDEFENSE.
GRANT OF LICENSE: Subject to all terms and conditions in this EULA, PrivacyDefense grants you a nonexclusive, nontransferable, nonsublicenseable right and license to use PrivacyDefense without modification. You may install PrivacyDefense on no more than five personal computers for your personal use only.
DISCLAIMER OF WARRANTIES: PRIVACYDEFENSE IS PROVIDED “AS IS”. PRIVACYDEFENSE DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THIS PRODUCT, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON- HUMAN INFRINGEMENT OF THIRD PARTY RIGHTS. PRIVACYDEFENSE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE OF, ACCESS TO, OR ENJOYMENT OF PRIVACYDEFENSE. PRIVACYDEFENSE DOES NOT WARRANT THAT PRIVACYDEFENSE WILL MEET YOUR REQUIREMENTS, WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. NO INFORMATION, WRITTEN OR ORAL, PROVIDED BY PRIVACYDEFENSE OR ONE OF ITS AUTHORIZED AGENTS SHALL CREATE A WARRANTY.
ASSIGNMENT: You agree that you will not transfer any of your rights or obligations under this EULA without the prior written consent of PrivacyDefense. PrivacyDefense reserves the right to assign its rights and obligations under this EULA in connection with a merger, acquisition, sale of assets, or by operation of law or otherwise.
TRADEMARK: “PrivacyDefense” “PrivacyDefense.net” and all other trademarks, service marks, slogans, tag lines, graphics and logos used in connection with PrivacyDefense are trademarks or registered trademarks of PrivacyDefense. Your use of PrivacyDefense does not grant any right or license to reproduce or otherwise use any content developed by PrivacyDefense outside normal permitted use. You also agree that you shall not alter, obscure or remove any trademark, patent notice or other proprietary or legal notice displayed by or contained in any software.
PAYMENT: Unless explicitly set forth in this Agreement, all fees and other amounts due under this Agreement are non-cancelable and non-refundable.
GOVERNING LAW: The EULA will be governed by and construed in accordance with the laws of the State of Oregon without regard to its conflicts of law provisions.
JURISDICTION: You agree that any claim, cause of action, or dispute arising out of or relating to this EULA or the use of PrivacyDefense is exclusively within a state or federal court located in Washington County, Oregon, U.S. You hereby agree any claims will be brought exclusively in the federal or state courts located in Washington County, Oregon and the parties hereby irrevocably consent to the personal jurisdiction and venue of the courts located in Washington County, Oregon, U.S. for the purpose of litigating any and all such claims.
AMENDMENTS: PrivacyDefense reserves the right to change, modify, or alter the EULA at any time and at its sole discretion. The most recent version of this EULA may be found at PrivacyDefense.net. Amendments or modifications are effective upon publication. Continued use of PrivacyDefense following publication constitutes your acceptance of the revised EULA.
INDEMNIFICATION: You agree to defend PrivacyDefense, against any and all claims, demands and/or actions and indemnify and hold PrivacyDefense harmless from and against any and all losses, damages, costs and expenses (including reasonable attorneys’ fees), resulting from any breach or violation of this EULA or use of PrivacyDefense.com.
ENTIRE AGREEMENT/SEVERABILITY: This EULA constitutes the entire agreement, and supersedes all prior negotiations, understandings or agreements (oral or written). If any provision of this ELUA, or portion thereof, is found unenforceable by a court of competent jurisdiction, the remainder of this EULA shall continue in full force and effect.
LIMITATIONS OF LIABILITY: TO THE EXTENT ALLOWED BY LAW, IN NO EVENT SHALL PRIVACYDEFENSE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNATIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERICAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE PRIVACYDEFENSE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF PRIVACYDEFENSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF PRIVACYDEFENSE, AND YOUR EXCLUSIVE REMEDY, SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR PRIVACYDEFENSE.
TERMINATION: This EULA is effective upon installing, accessing, copying or using PrivacyDefense and shall remain in effect until terminated. This ELUA may be terminated any time by either you or PrivacyDefense. You may terminate this ELUA and the license at any time by destroying all copies of PrivacyDefense. Customer's rights under this EULA will terminate immediately and without notice from PrivacyDefense if you fail to comply with the terms of the EULA.
ACKNOWLEDGEMENT: You agree that you have read and understood this EULA and had an opportunity to review it with legal counsel. This EULA has the same force and effect as a signed agreement and you agree to fully comply with its terms and conditions.