ZeroSpyware 2005

FBM SOFTWARE® ZeroSpyware® SOFTWARE Disclaimer & License Agreement IMPORTANT: THIS SOFTWARE DISCLAIMER & END USER LICENSE AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU AND FBM SOFTWARE. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. BY INSTALLING AND USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT INSTALL THE SOFTWARE, AND DELETE IT FROM YOUR SYSTEM. 1. Definitions "Software" means the FBM SOFTWARE® ZeroSpyware Lite® software program supplied free by FBM SOFTWARE herewith, which may also include associated media, online and electronic documentation. 2. Disclaimer & License Agreement This Disclaimer & License Agreement allows you to: (a) Install and use the Software on a single computer; OR install and store the Software on storage device, such as a network server; used only to install the Software on your other computers over an internal network. (b) Make one copy of the Software in machine-readable form solely for backup purposes. You must reproduce on any such copy all copyright notices and any other proprietary legends on the original copy of the Software. You must not remove or alter any copyright notices on all copies of the Software product. 3. License Restrictions (a) You may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. (b) You may not rent, lease, or sublicense the Software. (c) You may not sell or transfer the Software. (d) You may not modify the Software or create derivative works based upon the Software. 5. Ownership The foregoing license agreement gives you limited use of the Software. FBM SOFTWARE retains all right, title and interest, including all copyrights, in and to the Software and all copies thereof. All rights not specifically granted in this Disclaimer & License Agreement, including Federal and International Copyrights, are reserved by FBM SOFTWARE. 6. Termination Your rights under this Disclaimer & License Agreement cease upon the termination of your FBM Software Disclaimer & License Agreement. In the event that you fail to comply with this Disclaimer & License Agreement, FBM SOFTWARE may terminate the agreement and you must destroy all copies of the Software. 7. LIMITED WARRANTY AND DISCLAIMER (a) LIMITED WARRANTY. FBM SOFTWARE warrants that: (i) when used with a recommended hardware configuration, this free Software will perform in substantial conformance with the documentation supplied in the website. (b) NO OTHER WARRANTY. EXCEPT AS SET FORTH IN THE FOREGOING LIMITED WARRANTY, FBM SOFTWARE DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, OR OTHERWISE INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF NONINFRINGEMENT, TITLE OR QUIET ENJOYMENT. IF APPLICABLE LAW IMPLIES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FBM SOFTWARE, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. 8. LIMITATION OF LIABILITY FBM SOFTWARE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF BUSINESS INFORMATION, INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR THIS DISCLAIMER & LICENSE AGREEMENT BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF FBM SOFTWARE OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. 9. Basis of Bargain The Limited Warranty and Limited Liability set forth above are fundamental elements of the basis of the agreement between FBM SOFTWARE and you. FBM SOFTWARE would not be able to provide the Software on a free basis without such limitations. 10. U.S. GOVERNMENT RESTRICTED RIGHTS LEGEND This Software and the documentation are provided with `RESTRICTED RIGHTS`. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in this Disclaimer & License Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013 (c)(1)(ii)(OCT 1988), FAR 12.212(a)(1995), FAR 52.227-19, or FAR 52.227-14, as applicable. Manufacturer: FBM SOFTWARE, Inc., 3450 E. Russell Rd. Las Vegas, Nevada 89120 USA. FBM SOFTWARE® and ZeroSpyware Lite® are trademarks or registered trademarks of FBM SOFTWARE in the United States and/or other countries. Third party trademarks, trade names, product names, and logos may be trademarks or registered trademarks of their respective owners.