Stealth Anti-Virus & Spam Control End User License Agreement

You should carefully read the following terms and conditions before using ITS Group Information Technology's Stealth Anti-Virus and Spam Control software. Using ITS Group Information Technology's Stealth Anti-Virus and Spam Control software indicates your acceptance of these terms and conditions. If you do not agree with these terms and conditions, you should promptly cease using the software in any context and destroy all copies of the software in your possession.

ITS Group Information Technology. (“ITS Group Information Technology”) provides the software and licenses its use. You, the customer, assume all responsibility for the selection of the software to achieve your intended results and for the installation, use and results obtained from the software.

License

You may use the software in the following contexts:

EVALUATION USE CONTEXT

The software may be used for evaluation purposes without payment of a license fee for a period of no more than twenty-one (21) days.

ALL OTHER CONTEXTS

Use of the software in a context not covered by the previous section is covered by this section.

Subject to the conditions herein, ITS Group Information Technology here by grants to you a non-transferable, non-exclusive, limited license to use the Licensed Software in machine-readable form on one (1) physical CPU (the "License"). The License granted herein is subject to all further restrictions as set forth in the ITS Group Information Technology Invoice (the "invoice"). Unless the context otherwise requires, all references herein to "you" shall include your employees or agents ("Users"), and you shall be liable for all acts and omissions of the Users. No license, right or interest in any trademark, trade name or service mark of ITS Group Information Technology is granted under this License.

Definitions

"Licensed Software" means (i) ITS Group Information Technology's proprietary software, which may include but is not limited to: Stealth Anti-Virus & Spam Control; Stealth Spam Filter; Stealth Virus Filter;  and/or other ITS Group Information Technology -branded products, as applicable, (ii) the Updates, and (iii) all documentation, instructions, manuals, diagrams and other materials, in whatever medium or format, pertaining to the foregoing.

"Updates" means "bug" fixes and other updates, enhancements, upgrades or releases of the Licensed Software, but shall not include new products or modules unless otherwise determined by ITS Group Information Technology in its sole discretion.

Term

The effective date of this License shall be the date of the initial use of the Licensed Software and its term is perpetual, subject to the termination provisions of this Section 5.

You may terminate this License at any time by destroying the Licensed Software together with all copies in any form. This License will also terminate upon conditions set forth elsewhere in this agreement or if you fail to comply with any term or condition of this agreement. You agree upon such termination to destroy the software together with all copies in any form. In such event, the License and rights granted hereunder shall expire and you shall have no further rights or access to the Licensed Software.

Limited Warranty

The Licensed Software is provided as is without warranty of any kind, either expressed or implied, including, but not limited to, non-infringement and the implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the quality and performance of the Licensed Software is with you. If the Licensed Software proves defective, you (and not ITS Group Information Technology or an authorized dealer) assume the entire cost of all necessary servicing, repair or correction.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This warranty gives you specific legal rights and you may also have other rights which vary from jurisdiction to jurisdiction.

ITS Group Information Technology does not warrant that the functions contained in the Licensed Software will meet your requirements or that the operation of the software will be uninterrupted or error free.

Limitations of Remedies

In no event will ITS Group Information Technology be liable to you for any damages, including any lost profits, lost savings or other incidental or consequential damages arising out of the use or inability to use the Licensed Software even if ITS Group Information Technology or any authorized dealer has been advised of the possibility of these damages, or for any claim by any other party. The liability for damages of ITS Group Information Technology under this agreement shall in no event exceed the greater of $10 or the license fee paid to ITS Group Information Technology for the copy of the software which resulted in the damages. Some jurisdictions do not allow the limitation of liability for incidental or consequential damages so the above limitation or exclusion may not apply to you.

General

You may use the Licensed Software solely for your own internal use. Any other use of the Licensed Software (including without limitation: timesharing, rental, facility management or service bureau usage) is strictly prohibited.

You may not sell, lease, assign, sublicense or otherwise transfer, in whole or in part, this License Agreement, the License, the Licensed Software and other ITS Group Information Technology - provided materials, or any licenses or rights granted hereunder, except as approved by ITS Group Information Technology in writing.

The License granted hereunder is for the object code version of the Licensed Software only. You shall not, and shall not permit anyone under your direction or control to, reverse engineer, disassemble or de-compile the Licensed Software or attempt to do so. You may not modify, adapt, translate or create derivative works of the Licensed Software without ITS Group Information Technology's express written consent, except as expressly provided for in this License. If the purchase order, invoice or other documentation pursuant to which you licensed the Licensed Software indicates certain equipment on which the Licensed Software may be used (the "Designated Equipment"), no license is granted for use of the Licensed Software on other than the Designated Equipment. In the event that, and only for so long as, the Designated Equipment is not operative, you may transfer to and use the Licensed Software on backup equipment at the "Designated Site," as set forth in the Invoice, or some other site, for so long as the Designated Equipment remains inoperative.

For a period of twelve (12) months following your acceptance of the Licensed Software, ITS Group Information Technology will provide you the following maintenance and support services related to the Licensed Software ("Support Services") free of charge: (i) Updates, and (ii) reasonable access by telephone and/or the Internet to ITS Group Information Technology's technical staff during ITS Group Information Technology's regular business hours, up to a maximum of two (2) hours per month. ITS Group Information Technology may, in its sole discretion, require you to purchase and/or install certain Updates within a specified time period after their release, and may modify, suspend or terminate the Support Services, in whole or in part, upon your failure to timely do so, without liability or obligation to you. Nothing herein shall be construed as requiring ITS Group Information Technology to support more than the most recent release of the Licensed Software.

ITS Group Information Technology reserves the right, at its sole discretion, to limit or cancel support for any version of the Licensed Software, Updates, or other software program that has become obsolete or has been superceded by more recent versions. ITS Group Information Technology may terminate provision of the Support Services at any time, without notice to you, if it ceases to provide such services to its licensees generally.

ITS Group Information Technology's logos, product names, software manuals, documentation, and other support materials are either patented, copyrighted, trademarked, constitute valuable trade secrets (whether or not any portion of them may be copyrighted or patented) or are otherwise proprietary to ActiveState. You agree not to remove any product identification or notices of proprietary restrictions.

ITS Group Information Technology may amend the terms and conditions of this License Agreement at any time by a notice on its web site, which amended terms shall be binding upon you; accordingly, you are urged to visit the ITS Group Information Technology web site periodically to review the then current and effective terms and conditions for use of the Licensed Software.

This agreement is governed by the laws of Alberta, Canada.

You acknowledge that you have read this agreement, understand it, and agree to be bound by its terms and conditions. You further agree that this agreement is the complete and exclusive statement of the agreement between us and that such agreement supersedes any proposal or prior agreement, oral or written and any other communications between us relating to the subject matter of this agreement.

If you have any questions concerning this agreement, you may contact ITS Group Information Technology at sales or call us today 780 - 619 - 7756 for a FREE Consultation.