IPREVISION CORPORATION AND/OR ITS SUBSIDIARIES (“IPREVISION”) AS PART OF THE SERVICE, IS WILLING TO LICENSE THE SOFTWARE INCLUDED WITH THE APPLIANCE PROVIDED TO YOU AS AN INDIVIDUAL, THE COMPANY, OR THE LEGAL ENTITY THAT WILL BE UTILIZING THE SOFTWARE (REFERENCED BELOW AS “YOU OR YOUR”) AND TO PROVIDE WARRANTIES ON THE APPLIANCE ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS LICENSE AND WARRANTY AGREEMENT. READ THE TERMS AND CONDITIONS OF THIS LICENSE AND WARRANTY AGREEMENT CAREFULLY BEFORE USING THE APPLIANCE. THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND IPREVISION. BY OPENING THIS PACKAGE, BREAKING THE SEAL, CLICKING ON THE “AGREE” OR “YES” BUTTON OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, REQUESTING A LICENSE KEY OR USING THE SOFTWARE AND THE APPLIANCE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, CLICK ON THE “I DO NOT AGREE” OR “NO” BUTTON IF APPLICABLE AND DO NOT USE THE SOFTWARE AND THE APPLIANCE.
1. Software License:
Except for the software, if any, described in the Excluded Software section at the end of this agreement (the (“Excluded Software”), the software (the "Software") which accompanies the appliance you have been provided as part of the service (the “Appliance”) is the property of IPrevision or its licensors and is protected by copyright law. While IPrevision continues to own the Software, you will have certain rights to use the Software after your acceptance of this license. This license governs any releases, revisions, or enhancements to the Software that iPrevision, Inc. may furnish to you as well as the copy of the Software provided to you on a CD-ROM or other media in connection with the Appliance (the “Restore Software”). Except as may be modified by a IPrevision license certificate, license coupon, or license key (each a “License Module”) which accompanies, precedes, or follows this license, your rights and obligations with respect to the use of this Software are as follows:
You may:
A. use the Software solely as part of the Appliance for no more than the number of users as have been licensed to you by IPrevision under a License Module.
B. use any Restore Software solely to restore the Appliance to its original factory functionality in the event the Software preloaded on the Appliance is corrupted or becomes unusable;
C. make copies of the printed documentation which accompanies the Appliance as necessary to support your authorized use of the Appliance; and
D. after written notice to IPrevision, in connection with a transfer of the Appliance, transfer the Software on a permanent basis to another person or entity, provided that you retain no copies of the Software, IPrevision consents to the transfer and the transferee agrees in writing to the terms of this agreement.
You may not:
A. sublicense, rent or lease any portion of the Software; reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software, or create derivative works from the Software;
B. use the Restore Software for any purpose other than to restore the Appliance to the original factory functionality;
C. use, if you received the Software distributed on an Appliance containing multiple IPrevision products, any IPrevision software on the Appliance for which you have not received a permission in a License Module; or
D. use the Software in any manner not authorized by this license.
2. Content Updates:
Certain IPrevision software products utilize content that is updated from time to time (content filtering products utilize updated URL lists; some firewall products utilize updated firewall rules; vulnerability assessment products utilize updated vulnerability data, etc.; collectively, these are referred to as "Content Updates"). You may obtain Content Updates for any period for which you have purchased a subscription for Content Updates for the product, entered into a support agreement that includes Content Updates or otherwise separately acquired the right to obtain Content Updates. This license does not otherwise permit you to obtain and use Content Updates.
3. Limited Warranty:
IPrevision warrants that the Operating Software will perform on the Appliance in substantial compliance with the written documentation accompanying the Appliance for a period of thirty (30) days from the date of purchase of the Appliance. Your sole remedy in the event of a breach of this warranty will be that IPrevision will, at its option, repair or replace the defective Software returned to IPrevision within the warranty period or refund the money you paid for the current year of service.
IPrevision warrants that the hardware component of the Appliance (the “Hardware”) shall be free from defects in material and workmanship under normal use and service and substantially conform to the written documentation accompanying the Appliance for a period of three hundred sixty-five (365) days from the date of purchase of the Appliance. Your sole remedy in the event of a breach of this warranty will be that IPrevision will, at its option, repair or replace the defective Hardware returned to IPrevision within the warranty period or refund the money you paid for the current year of service.
The warranties contained in this agreement will not apply to any Software or Hardware which:
A. has been altered, supplemented, upgraded or modified in any way; or
B. has been repaired except by IPrevision or its designee.
Additionally, the warranties contained in this agreement do not apply to repair or replacement caused or necessitated by: (i) events occurring after risk of loss passes to You such as loss or damage during shipment; (ii) acts of God including without limitation natural acts such as fire, flood, wind earthquake, lightning or similar disaster; (iii) improper use, environment, installation or electrical supply, improper maintenance, or any other misuse, abuse or mishandling; (iv) governmental actions or inactions; (v) strikes or work stoppages; (vi) Your failure to follow applicable use or operations instructions or manuals; (vii) Your failure to implement, or to allow IPrevision or its designee to implement, any corrections or modifications to the Appliance made available to You by IPrevision; or (viii) such other events outside IPrevision’s reasonable control.
Upon discovery of any failure of the Hardware, or component thereof, to conform to the applicable warranty during the applicable warranty period, You are required to contact us within ten (10) days after such failure and seek a return material authorization (“RMA”) number. IPrevision will promptly issue the requested RMA as long as we determine that you meet the conditions for warranty service. The allegedly defective Appliance, or component thereof, shall be returned to IPrevision, securely and properly packaged, freight and insurance prepaid, with the RMA number prominently displayed on the exterior of the shipment packaging and with the Appliance. IPrevision will have no obligation to accept any Appliance which is returned without an RMA number.
Upon completion of repair or if IPrevision decides, in accordance with the warranty, to replace a defective Appliance, IPrevision will return such repaired or replacement Appliance to You, freight and insurance prepaid. In the event that IPrevision, in its sole discretion, determines that it is unable to replace or repair the Hardware, IPrevision will refund to You the F.O.B. price paid by You for the defective Appliance. Defective Appliances returned to IPrevision will become the property of IPrevision.
IPrevision does not warrant that the Appliance will meet your requirements or that operation of the Appliance will be uninterrupted or that the Appliance will be error-free.
In order to exercise any of the warranty rights contained in this Agreement, you must have available an original sales order or bill of sale demonstrating proof of purchase with your warranty claim.
THE ABOVE WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
4. Disclaimer of Damages:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL IPREVISION OR ITS LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF IPREVISION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO CASE SHALL IPREVISION'S OR ITS LICENSORS’ LIABILITY EXCEED THE PURCHASE PRICE FOR THE APPLIANCE. The disclaimers and limitations set forth above will apply regardless of whether you accept the Software or the Appliance.
5.
U.S. Government Restricted Rights:
RESTRICTED RIGHTS LEGEND. All IPrevision products and documentation are commercial in nature. The software and software documentation are "Commercial Items", as that term is defined in 48 C.F.R. section 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are defined in 48 C.F.R. section 252.227-7014(a)(5) and 48 C.F.R. section 252.227-7014(a)(1), and used in 48 C.F.R. section 12.212 and 48 C.F.R. section 227.7202, as applicable. Consistent with 48 C.F.R. section 12.212, 48 C.F.R. section 252.227-7015, 48 C.F.R. section 227.7202 through 227.7202-4, 48 C.F.R. section 52.227-14, and other relevant sections of the Code of Federal
Regulations, as applicable, IPrevision's computer software and computer software documentation are licensed to United States Government end users with only those rights as granted to all other end users, according to the terms and conditions contained in this license agreement. Manufacturer is IPrevision Corporation,
19713 Yorba Linda Blvd. Unit 201,
Yorba Linda,
CA
92886.
6. Export Regulation:
You agree to comply strictly with all applicable export control laws, including the US Export Administration Act and its associated regulations and acknowledge Your responsibility to obtain licenses as required to export, re-export or import the Appliance.
7. General:
This Agreement will be governed by the laws of the State of
California,
United States of America. This Agreement and any related License Module is the entire agreement between You and IPrevision relating to the Software, Appliance and Service and: (i) supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to its subject matter; and (ii) prevails over any conflicting or additional terms of any quote, order, acknowledgment or similar communications between the parties. Residential (Home) use is strictly prohibited for all products other than those specified for residential (Home) use. This Agreement may only be modified by a License Module or by a written document which has been signed by both You and IPrevision. This Agreement shall terminate upon Your election to cancel the service or Your breach of any term contained herein. In the event of termination You shall cease use of all copies of the Software and all Hardware and You shall return the Hardware Appliance(s) to IPrevision no later than thirty (30) days after termination. The disclaimers of warranties and damages and limitations on liability shall survive termination. Should you have any questions concerning this Agreement, or if you desire to contact IPrevision for any reason, please write: IPrevision Customer Service, 19713 Yorba Linda Blvd. Unit 201, Yorba Linda, CA 92886.
8. Excluded Software:
The Excluded Software consists of the open source code software known as Linux, Apache, and Squid included with the Appliance. All Excluded Software is licensed under the GNU General Public License, Version 2, June 1991, a copy of which is not included with the user documentation for the Appliance. The license entitles You to receive a copy of the source code for Linux, Apache, and Squid only upon request at a nominal charge. If you are interested in obtaining a copy of such source code, please contact IPrevision Customer Service at 888-239-9522 support@iprevision.net for further information.
9.0 Taxes: In addition to the fees and costs specified herein, Licensee will assume responsibility for and pay all applicable state and local taxes (excluding income taxes of Licensor or its affiliates) which may be payable by reason of the transactions contemplated by this Agreement.