End User Software License Agreement
1. License Grant; Related Provisions

a. Grant of a Single User License
POSITIVE IT SOLUTIONS, subject to the terms and conditions of this Agreement, hereby grants to you a non-exclusive and non-transferable license during the Term to use the Software
(i) solely in executable or object code form, on a single computer, and
(ii) solely for your personal use and not for purchase, sale or delivery of any product or service to a third party or other commercial or business purpose, if not explicitly stated in the terms of using the Software otherwise.
b. Limitations
You shall not, and shall not permit any third party to,
(i) duplicate the Software for any purpose other than as reasonably necessary to use the same as contemplated by this Agreement;
(ii) except for temporary transfer in the event of computer malfunction, install the Software on a second computer;
(iii) except as expressly authorized by law, reverse engineer, disassemble, decompile, translate, reconstruct, transform or extract the Software or any portion of the Software (including without limitation any related malware signatures and malware detection routines);
(iv) except as expressly authorized by law, change, modify or otherwise alter the Software (including without limitation any related malware signatures and malware detection routines);
(v) transfer, pledge, rent, share or sublicense the Software other than in connection with the sale or other transfer of the computer on which it is initially installed;
(vi) grant any third party access to or use of the Software on a service bureau, timesharing, subscription service, rental or application service provider basis or otherwise; or
(vii) defeat or circumvent, attempt to defeat or circumvent, or authorize or assist any third party in defeating or circumventing controls on the installation or use of copies of the Software.
c. Updates
POSITIVE IT SOLUTIONS , from time to time during the Term, will provide updates to the Software and/or the malware signatures included therein (each, an “Update”). Updates will be deemed Software for all purposes under this Agreement. You acknowledge that you must routinely download and permit installation of Updates in order to obtain maximum benefit from the Software.
2. Term; Termination
The term of this Agreement (the “Term”) will commence on the date you download the Software, and will continue until terminated by either party in accordance. You may terminate this Agreement at any time by uninstalling the Software and destroying all copies of the Software in your possession or control. POSITIVE IT SOLUTIONS may terminate this Agreement at any time for any reason or no reason. POSITIVE IT SOLUTIONS will make commercially reasonable efforts to provide notice of termination through a dialog box displayed by the Software when the Software attempts to download an Update, but no such notice will be required in order for POSITIVE IT SOLUTIONS ’ termination to be effective.
3. Ownership
POSITIVE IT SOLUTIONS reserves all rights in the Software not expressly granted by this Agreement. All copyrights, trademarks and other conceivable intellectual property rights in and to the Software (including, but not limited to, malware signatures and other data files, images appearing in the Software and screen displays as well as any and all documentation relating to the Software) are owned by POSITIVE IT SOLUTIONS or its licensors, and are protected by UK and foreign copyright laws, international treaties and other applicable laws. Any copy of the Software you are allowed to make pursuant to this Agreement must contain the entire copyright and other notices included with the original copy of the Software. Positive IT Solutions may charge for the use of this software at any point during the life of the product being installed on a users machine.
4. No Warranties
POSITIVE IT SOLUTIONS DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SOFTWARE, MEDIA AND ANY OTHER SUBJECT MATTER OF THIS AGREEMENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTY OF NONINFRINGEMENT. POSITIVE IT SOLUTIONS DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE SOFTWARE WILL PROVIDE 100% PROTECTION. YOUR RELIANCE ON THE AVAILABILITY OR ACCURACY OF THE SOFTWARE SHALL BE ENTIRELY AT YOUR OWN RISK.
5. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL POSITIVE IT SOLUTIONS OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES WHATSOEVER, WITHOUT REGARD TO CAUSE OR THEORY OF LIABILITY (INCLUDING, WITHOUT LIMITATION, DAMAGES INCURRED FOR LOSS OF BUSINESS PROFITS OR REVENUE, LOSS OF PRIVACY, LOSS OF USE OF ANY COMPUTER OR SOFTWARE INCLUDING THE SOFTWARE, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE SOFTWARE PROVIDED HEREUNDER, EVEN IF POSITIVE IT SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL POSITIVE IT SOLUTIONS.
6. Miscellaneous
a. Notice
POSITIVE IT SOLUTIONS may deliver any notice required by this Agreement via pop-up window, dialog box or other device, even though you may not receive the notice unless and until you launch the Software. Any such notice will be deemed delivered on the date POSITIVE IT SOLUTIONS first makes it available through the Software, irrespective of when you actually receive it.
b. Privacy
(i)You acknowledge that POSITIVE IT SOLUTIONS collects certain information regarding the users of the Software, including certain personally identifiable information. You hereby consent to POSITIVE IT SOLUTIONS ’ collection and use of such information, and agree that POSITIVE IT SOLUTIONS ’ collection and use of such information will be governed by POSITIVE IT SOLUTIONS ’ Privacy Policy, currently published at www.internetsafesolutions.com as POSITIVE IT SOLUTIONS may revise the same from time to time.
c. UK Government License
Any Software provided to the UK Government is provided with the commercial license rights and restrictions described elsewhere herein. POSITIVE IT SOLUTIONS reserves all unpublished rights under the UK copyright laws.
d. Complete Agreement
This Agreement constitutes the complete Agreement between the parties and supersedes all previous communications and representations or agreements, either oral or written, with respect to the subject matter hereof.
e. Amendments; Waiver
This Agreement may not be modified or changed in whole or in part in any manner other than by an Agreement in writing duly signed by both parties hereto. POSITIVE IT SOLUTIONS’ failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
f. Severability
The parties desire and intend that all of the provisions of this Agreement be enforceable to the fullest extent permitted by law. If any provision of this Agreement or the application thereof to any person or circumstances is, to any extent, construed to be illegal, invalid or unenforceable, in whole or in part, then such provision will be construed in a manner to permit its enforceability under applicable law to the fullest extent permitted by law. In any case, the remaining terms of this Agreement or the application thereof to any person or circumstance, other than those that have been held illegal, invalid or unenforceable, will remain in full force and effect.
g. Export Controls
You acknowledge that portions of the Software are of UK. origin. You agree to comply with all applicable UK and international laws governing export and re-export of the Software, including the UK Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by UK and other governments.