Awareness Technologies Terms of Service
The Use of Personal Information:
Terms and Conditions
The Terms and Conditions encompasses both the End User License Agreement the Return and Refund Policy.
END USER LICENSE AGREEMENT and ONLINE TERMS AND CONDITIONS
THIS END USER LICENSE AGREEMENT ("Agreement") CONSTITUTES A BINDING AGREEMENT BETWEEN YOU THE PURCHASER, AND/OR ANY OTHER THIRD PARTY USING THE SOFTWARE ("USER"), AND AWARENESS TECHNOLOGIES, INC. ("ATI"). YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE INSTALLING THIS SOFTWARE. INSTALLATION OF THIS SOFTWARE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MUST NOT PURCHASE THE SOFTWARE, OR UNINSTALL THE SOFTWARE IF IT IS ALREADY INSTALLED. USE OF THE SOFTWARE IS STRICTLY PROHIBITED UNLESS YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
BY ACCEPTING THIS AGREEMENT, YOU AGREE TO ONLY INSTALL THIS SOFTWARE ON A DEVICE OR DEVICES OWNED BY THE USER. USER ALSO AGREES TO INFORM ANY PERSON(S) WHO USES A DEVICE WITH THE SOFTWARE INSTALLED OF THE PRESENCE OF THE SOFTWARE. FAILURE TO COMPLY MAY RESULT IN YOU BREAKING STATE AND FEDERAL LAWS. USER UNDERSTANDS AND AGREES THAT USER SHALL BE RESPONSIBLE FOR ANY LEGAL COSTS INCURRED BY ATI THAT IS A DIRECT RESULT OF USER'S IMPROPER OR ILLEGAL USE OF THE SOFTWARE.
OWNERSHIP OF SOFTWARE
USER acknowledges and agrees that all of the software programs, whether in basic code or usable form, certificates of authenticity, security devices and associated documentation, regardless of form or media, (collectively, the "Software") which are the subject of this Agreement, are owned exclusively by ATI. USER agrees that the price paid for the Software constitutes a license fee, granting USER only the rights set forth in this Agreement.
GRANT OF LICENSE
ATI grants to USER, and USER accepts, a limited, non-exclusive and revocable license to use the Software, in machine-readable, object code form only. USER agrees to use the Software only as authorized in this Agreement.
No other rights, either express or implied, are being transferred to the USER unless specifically stated in this Agreement. USER shall not have any right to reproduce, distribute, or otherwise disseminate the Software contrary to the terms and conditions of this Agreement. USER shall have no right, title, interest or claim as to the property owned by ATI, which includes but is not limited to, the Software, any patents, trademarks, copyrights, and/or trade-names.
SCOPE OF LICENSE
This Software is licensed to be installed and used on only one device. A valid license must be purchased for each device on which the Software is to be installed. If USER installs the Software on a device that allows more than one person to simultaneously access the device at the same time, the Software must be licensed as a Terminal Server. Terminal Server licensing requires that a license be purchased for each person utilizing the Terminal Server. ATI reserves the right to suspend service to any account if it determines, at its sole discretion, that the USER has installed the Software on a device that should have been licensed as a Terminal Server.
USER may not copy or make any changes or modifications to the Software, and USER may not engage or participate with any other third party to manufacture, duplicate, deliver, transfer, pirate, translate, decompile, disassemble, or otherwise reverse engineer the Software. USER may not lend, rent, lease or sub-license the Software, in any form, to any other third party for any purpose, unless authorized by this Agreement. USER agrees to use all reasonable efforts to protect the Software from unauthorized use, modification, reproduction, distribution or publication and to report any unauthorized use, modification, reproduction, distribution or publication to ATI. USER is not permitted to make any copies of the Software. USER shall not use the Software in a manner not authorized by the terms of this Agreement, and ATI reserves all rights that are not expressly granted herein.
USER acknowledges that the Software is intended to be and will be used within the United States and its territories only and will not transfer or provide the Software to anyone outside the United States unless authorized by this Agreement and in accordance with the United States and International Laws concerning export of this product.
USER may not transfer, sell, distribute or otherwise disseminate the Software, without the prior written consent of ATI.
USE OF THE SERVICE
In accessing and using your online account ("Service") to review data recorded by the Software, you agree to obey all local, state and federal laws. You may not use the Service in any way: 1) that harms our affiliates, resellers, distributors, and/or vendors (collectively, the "ATI Parties"), or any other customer of an ATI Party; 2) to modify or reroute, or attempt to modify or reroute the Service; to damage, disable, overburden, or impair the Service (or the network connected to the Service), or interfere with anyone's use of the Service; 3) to resell or redistribute the Service, or any part of the Service without express written consent of ATI.
To protect your account security, USER must log into the online portal at least once every thirty days. If the USER does not log-in according to this minimum schedule, recording of data for USER will be temporarily suspended. Should recording of data be suspended, USER can reactivate recording by logging-in to the web portal and reactivating service.
AVAILABILITY OF INSTALLATION FILES
ATI will make available to User the specific installation file for User's account for a period of 30 days from the time of purchase. At time of purchase, USER has the option, for a reduced fee, to have ATI maintain the installation file for one year by purchasing a subscription to updates or purchasing a backup CD during checkout. In the event that User's installation file is no longer available, USER will be required to pay for the extended download service.
STORAGE OF RECORDED DATA
The Service includes the storage of data that is recorded by the software for a fourteen (14) days. USER may opt to, for an additional fee, increase the period of time ATI stores their data. Should the User desire to have their data remain on ATI's servers for a longer period of time, User can purchase additional data storage at ATI's then-current prices. Should User's data storage requirements exceed reasonable amounts, ATI reserves the right to, at ATI's discretion, seek the appropriate remedy. Appropriate remedies include, but are not limited to, deleting excess data or requiring the customer to purchase additional data storage.
User agrees that ATI cannot be held liable in any way for the loss of recorded data.
ATI considers your use of the service to be private. However, we may access or disclose information about you, your account, recorded information stored in your account and/or the content of your communications, in order to: (1) comply with the law or legal process served on us; (2) enforce and investigate potential violations of this contract; including use of this service to participate in, or facilitate, activities that violate the law; (3) investigate potential fraudulent activities; or (4) protect the rights, property, or safety of ATI, its employees, its customers or the public. You consent to the access and disclosures outlined in this section.
TERM AND TERMINATION
This Agreement will become effective upon the date that USER acquires the Software and shall remain in full force and effect for one (1) year. USER may terminate this Agreement at any time by removing the Software from any device containing a copy of the Software and either (1) returning the Software and all original documentation to ATI or (2) destroying the original Software and all copies and informing ATI in writing that the Software has been destroyed. This Agreement and USER'S rights pursuant to this license will terminate automatically without notice from ATI if USER fails to comply with any provision of the Agreement. Upon termination for any reason, USER agrees to destroy or purge all copies of the Software and accompanying original materials. Prior to each anniversary of purchase of the SOFTWARE by the USER, ATI will automatically charge USER'S payment information on file unless the USER has already renewed for that subscription period. If the USER opts to cancel the renewal subscription, ATI will then terminate this Agreement and cancel the USER's account.
Limited Product Warranty. ATI warrants that each version of the Software will perform substantially in accordance with its user documentation. This warranty is valid for a period of thirty (30) days from the date of purchase (the "Product Warranty Period"). In connection with this Limited Warranty, ATI will provide USER with all new versions of the Software that are made available to new customers during the Product Warranty Period. ATI, however, is not required to release new versions of the Software at any time and will only release such versions in its sole discretion. Notwithstanding anything to the contrary in the Refund Policy, this is your exclusive remedy and ATI's sole liability for any failure of the Software to function. Any warranties imposed by law concerning the Software are limited to the same thirty (30) day period.
UNLESS MANDATORY UNDER APPLICABLE LAW DESPITE THIS PROVISION, ATI, EXCEPT AS EXPRESSLY WARRANTED HEREIN, PROVIDES THIS SOFTWARE "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTY OR CONDITION ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH THE USER. ATI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET USER'S REQUIREMENTS OR THAT THE OPERATION OF THE PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE OR THAT PROGRAM DEFECTS WILL BE CORRECTED.
NEW VERSIONS OF THE SOFTWARE
ATI, in its sole discretion, reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades, to the Software.
LIMITATION OF LIABILITY
USER AGREES THAT IN NO EVENT SHALL ATI, ITS AFFILIATES, DISTRIBUTORS OR RESELLERS BE LIABLE FOR ANY DAMAGES (INCLUDING ANY CAUSED BY NEGLIGENCE), LOSS OF PROFIT OR ANY OTHER COMMERCIAL DAMAGE, INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, EVEN IF ATI OR ITS AFFILIATES ARE ADVISED, IN ADVANCE, OF THE POSSIBILITY OF SUCH DAMAGES. USER AGREES THAT THIS LIMITAITON OF LIABILITY SHALL APPLY EVEN IF ANY REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. NOTWITHSTANDING THE FOREGOING, USER AGREES THAT IN NO EVENT SHALL THE LIABILITY OF ATI, ITS AFFILIATES, DISTRIBUTORS OR RESELLERS EXCEED THE PURCHASE PRICE PAID FOR THE SOFTWARE AND/OR THIS LICENSE.
EXPORT LAW ASSURANCES
USER may not use or otherwise export or re-export the Software except as authorized by United States and International Law. In particular, but without limitation, the Software may not be exported or re-exported (i) into (or to a national or resident of) any country subject to a United States embargo or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders. By using the Software, USER represents and warrants that USER is not located in, under control of, or a national or resident of any such country on any such list. In the event that ATI receives information that the Software has been transferred to or is being used by an unauthorized third party, then ATI shall have the right to automatically and at their discretion terminate this Agreement and the rights associated herein.
GOVERNING LAW, JURISDICTION AND VENUE
Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Connecticut, notwithstanding any conflict of laws provisions to the contrary. Legal Remedies: Any controversy or claim arising out of or relating to this Agreement shall be determined by small claims court or arbitration by the party initiating the legal action. If the claim exceeds the limits of small claims, then resolution of a claim or controversy shall be limited to arbitration in accordance with the Arbitration Rules of the American Arbitration association or JAMS. The place of arbitration or the venue of any small claims court case shall be limited to the cities of Stamford or Hartford, Connecticut and when applicable, use Connecticut Governing Law. The prevailing party in any such legal claim, whether in a court or by arbitration, will be entitled to recover its full legal costs from the losing party.
UPDATES TO THIS AGREEMENT
ATI reserves the right to change this Agreement at any time by publishing the revised Agreement on the ATI websites. The revised Agreement shall become effective within thirty (30) days of such publication, unless USER expressly accepts the revised Agreement earlier by agreeing to the revised Agreement. USER's express acceptance or USER's continued use of the Software after expiry of the notice period of thirty (30) days, shall constitute USER's acceptance to be bound by the terms and conditions of the updated Agreement. ATI reserves the right to change any element of this Agreement from time to time and such changes shall become effective either within thirty (30) days of publication of the revised version on the ATI website (unless USER expressly accepts the revised terms earlier), or within the timeframe set out in the applicable terms, if different.
This Agreement constitutes the entire agreement between the USER and ATI with respect to the use of the Software and supersedes all prior or contemporaneous understandings regarding such subject matter. ATI reserves the right to modify this agreement, without notice, at any time. No amendment to or modification of this Agreement will be binding unless in writing and signed by ATI. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, invalid, or illegal, the remainder of this Agreement shall continue in full force and effect and the parties will amend this Agreement to give effect to the stricken clause to the maximum extent possible.
OTHER TERMS AND CONDITIONS OF USE
USER agrees that the installation and use of the Software will be in accordance with all local, state and federal laws governing the monitoring of device activity and usage.
USER agrees to install this software ONLY on a device that is owned by the USER or on a device which USER has been given explicit permission by the device owner for such installation. USER agrees NOT install this Software on any device that is not owned by USER on any device that USER has not been given explicit permission for such installation.
USER acknowledges that it is prohibited and against the terms of this Agreement NOT to inform any third party that the device they are using is installed with the Software and that their usage is subject to monitoring and recording.
RETURN & REFUND POLICY
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