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Phishing is the use of official-looking email
and websites to trick recipients into divulging
sensitive financial information. Criminals use this
information to commit theft, fraud, and identity
theft. |
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Email Xray License
Agreement
Before downloading the software you must agree to the
license agreement below. Please read it carefully before
downloading! |
SOFTWARE LICENSE AGREEMENT
1. Parties. The parties to this Agreement are you, the
licensee ("You") and Cyberworlds. If You are not acting on
behalf of Yourself as an individual, then "You" means Your
company or organization.
2. The Software. The accompanying computer programs, data
compilation(s), and documentation are referred to herein as
the "Software".
3. Evaluation Version License Grant. If You have downloaded
or otherwise received an evaluation version of the Software,
You are authorized to use the Software on a royalty-free
basis for evaluation purposes during the initial evaluation
period of fifteen (15) days. During the evaluation period,
You may copy the Software for archival purposes, provided
that any copy must contain the original Software's
proprietary notices in unaltered form, and you may
distribute and/or transmit as many copies to others as You
wish. You have the option to register for full use of the
Software at any time during the evaluation period by
following the instructions in the accompanying
documentation, including the payment of the required license
fee. Registration will authorize You to use an unlocking key
which will convert the Software to full use, in accordance
with the terms and conditions provided below. Your use of
the Software for any purpose after the expiration of the
initial evaluation period is not authorized. Upon expiration
of the limited evaluation period, the Software may
automatically disable itself.
4. Perpetual Term For Registered Version License. The term
of the license granted herein for the registered version of
the Software shall be perpetual unless terminated by written
notice by You for convenience or terminated by either party
for material breach. Immediately upon termination of this
license for any reason, You shall return to Cyberworlds all
copies of the Software and documentation.
5. Registered Version License Grant for Single Copies
(Non-Network Use). If You are a registered user of the
Software, You are granted non-exclusive rights to install
and use the Software on any single computer or workstation,
provided the single computer or workstation is used
non-simultaneously by multiple persons. You may copy the
Software for archival purposes, provided that any copy must
contain the original Software's proprietary notices in
unaltered form.
6. Registered Version License Grant For Network Use. If You
are a registered user of the Software, You are granted
non-exclusive rights to install and use the Software and/or
transmit the Software over an internal computer network,
provided You acquire and dedicate a licensed copy of the
Software for each user who may access the Software
concurrently with any other user. You may copy the Software
for archival purposes, provided that any copy must contain
the original Software's proprietary notices in unaltered
form.
7. Restrictions. You may not: (i) permit others to use the
Software, except as expressly provided above for authorized
network use; (ii) modify or translate the Software; (iii)
reverse engineer, decompile, or disassemble the Software,
except to the extent this restriction is expressly
prohibited by applicable law; (iv) create derivative works
based on the Software; (v) merge the Software with another
product; (vi) copy the Software, except as expressly
provided above; or (vii) remove or obscure any proprietary
rights notices or labels on the Software.
8. Purchase of Additional Licenses. Registered users of the
Software may purchase license rights for additional
authorized use of the Software in accordance with
Cyberworlds's then-current volume pricing schedule. Such
additional licenses shall be governed by the terms and
conditions hereof. You agree that, absent Cyberworlds's
express written acceptance thereof, the terms and conditions
contained in any purchase order or other document issued by
You to Cyberworlds for the purchase of additional licenses,
shall not be binding on Cyberworlds to the extent that such
terms and conditions are additional to or inconsistent with
those contained in this Agreement.
9. Transfers. You may not transfer the Software or any
rights under this Agreement without the prior written
consent of Cyberworlds, which consent shall not be
unreasonably withheld. A condition to any transfer or
assignment shall be that the recipient agrees to the terms
of this Agreement. Any attempted transfer or assignment in
violation of this provision shall be null and void.
10. Ownership. Cyberworlds and its suppliers own the
Software and all intellectual property rights embodied
therein, including copyrights and valuable trade secrets
embodied in the Software's design and coding methodology.
The Software is protected by United States copyright laws
and international treaty provisions. This Agreement provides
You only a limited use license, and no ownership of any
intellectual property.
11. Money-Back Guarantee. Cyberworlds offers a money back
guarantee under terms and conditions provided on this web
site. If You are not satisfied with the licensed materials
for any reason, you may receive a complete refund in
accordance with such terms and conditions.
12. Warranty Disclaimer; Limitation of Liability.
CYBERWORLDS PROVIDES THE SOFTWARE "AS-IS" AND PROVIDED WITH
ALL FAULTS. NEITHER CYBERWORLDS NOR ANY OF ITS SUPPLIERS OR
RESELLERS MAKES ANY WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED. CYBERWORLDS AND ITS SUPPLIERS SPECIFICALLY DISCLAIM
THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM
INTEGRATION, AND DATA ACCURACY. THERE IS NO WARRANTY OR
GUARANTEE THAT THE OPERATION OF THE SOFTWARE WILL BE
UNINTERRUPTED, ERROR-FREE, OR VIRUS-FREE, OR THAT THE
SOFTWARE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE,
QUALITY, ACCURACY, PURPOSE, OR NEED. YOU ASSUME THE ENTIRE
RISK OF SELECTION, INSTALLATION, AND USE OF THE SOFTWARE.
THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF
THIS AGREEMENT. NO USE OF THE SOFTWARE IS AUTHORIZED
HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
13. Local Law. If implied warranties may not be disclaimed
under applicable law, then ANY IMPLIED WARRANTIES ARE
LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE
LAW. Some states do not allow limitations on how long an
implied warranty may last, so the above limitations may not
apply to You. This warranty gives you specific rights, and
You may have other rights which vary from jurisdiction to
jurisdiction.
14. Limitation of Liability. INDEPENDENT OF THE FORGOING
PROVISIONS, IN NO EVENT AND UNDER NO LEGAL THEORY, INCLUDING
WITHOUT LIMITATION, TORT, CONTRACT, OR STRICT PRODUCTS
LIABILITY, SHALL CYBERWORLDS OR ANY OF ITS SUPPLIERS BE
LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING
WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK
STOPPAGE, COMPUTER MALFUNCTION, OR ANY OTHER KIND OF
COMMERCIAL DAMAGE, EVEN IF CYBERWORLDS HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION SHALL NOT
APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE
EXTENT PROHIBITED BY APPLICABLE LAW. IN NO EVENT SHALL
CYBERWORLDS'S LIABILITY FOR ACTUAL DAMAGES FOR ANY CAUSE
WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, EXCEED THE
AMOUNT OF THE PURCHASE PRICE PAID FOR THE SOFTWARE LICENSE.
15. Export Controls. You agree to comply with all export
laws and restrictions and regulations of the United States
or foreign agencies or authorities, and not to export or
re-export the Software or any direct product thereof in
violation of any such restrictions, laws or regulations, or
without all necessary approvals. As applicable, each party
shall obtain and bear all expenses relating to any necessary
licenses and/or exemptions with respect to its own export of
the Software from the U.S. Neither the Software nor the
underlying information or technology may be electronically
transmitted or otherwise exported or re-exported (i) into
Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any
other country subject to U.S. trade sanctions covering the
Software, to individuals or entities controlled by such
countries, or to nationals or residents of such countries
other than nationals who are lawfully admitted permanent
residents of countries not subject to such sanctions; or
(ii) to anyone on the U.S. Treasury Department's list of
Specially Designated Nationals and Blocked Persons or the
U.S. Commerce Department's Table of Denial Orders. By
downloading or using the Software, Licensee agrees to the
foregoing and represents and warrants that it complies with
these conditions.
16. U.S. Government End-Users. The Software is a "commercial
item," as that term is defined in 48 C.F.R. 2.101 (Oct.
1995), consisting of "commercial computer software" and
"commercial computer software documentation," as such terms
are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with
48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4
(June 1995), all U.S. Government End Users acquire the
Software with only those rights set forth herein.
17. Licensee Outside The U.S. If You are located outside the
U.S., then the following provisions shall apply: (i) Les
parties aux presentes confirment leur volonte que cette
convention de meme que tous les documents y compris tout
avis qui siy rattache, soient rediges en langue anglaise
(translation: "The parties confirm that this Agreement and
all related documentation is and will be in the English
language."); and (ii) You are responsible for complying with
any local laws in your jurisdiction which might impact your
right to import, export or use the Software, and You
represent that You have complied with any regulations or
registration procedures required by applicable law to make
this license enforceable.
18. Severability. If any provision of this Agreement is
declared invalid or unenforceable, such provision shall be
deemed modified to the extent necessary and possible to
render it valid and enforceable. In any event, the
unenforceability or invalidity of any provision shall not
affect any other provision of this Agreement, and this
Agreement shall continue in full force and effect, and be
construed and enforced, as if such provision had not been
included, or had been modified as above provided, as the
case may be.
19. Arbitration. Except for actions to protect intellectual
property rights and to enforce an arbitrator’s decision
hereunder, all disputes, controversies, or claims arising
out of or relating to this Agreement or a breach thereof
shall be submitted to and finally resolved by arbitration
under the rules of the American Arbitration Association
(“AAA”) then in effect. There shall be one arbitrator, and
such arbitrator shall be chosen by mutual agreement of the
parties in accordance with AAA rules. The arbitration shall
take place in Beloit, Wisconsin, and may be conducted by
telephone or online. The arbitrator shall apply the laws of
the State of Wisconsin, USA to all issues in dispute. The
controversy or claim shall be arbitrated on an individual
basis, and shall not be consolidated in any arbitration with
any claim or controversy of any other party. The findings of
the arbitrator shall be final and binding on the parties,
and may be entered in any court of competent jurisdiction
for enforcement. Enforcements of any award or judgment shall
be governed by the United Nations Convention on the
Recognition and Enforcement of Foreign Arbitral Awards.
Should either party file an action contrary to this
provision, the other party may recover attorney's fees and
costs up to $1000.00.
20. Jurisdiction And Venue. The courts of Rock County in the
State of Wisconsin, USA and the nearest U.S. District Court
shall be the exclusive jurisdiction and venue for all legal
proceedings that are not arbitrated under this Agreement.
21. Miscellaneous. This Agreement constitutes the entire
understanding of the parties with respect to the subject
matter of this Agreement and merges all prior
communications, representations, and agreements. This
Agreement may be modified only by a written agreement signed
by the parties. If any provision of this Agreement is held
to be unenforceable for any reason, such provision shall be
reformed only to the extent necessary to make it
enforceable. This Agreement shall be construed under the
laws of the State of Wisconsin, USA, excluding rules
regarding conflicts of law. The application the United
Nations Convention of Contracts for the International Sale
of Goods is expressly excluded. This license is written in
English, and English is its controlling language. |
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Products Transferred
The Email Xray and Passphrase Keeper products have been
acquired by a private party and are no longer available from Swidgets.
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