End-User License Agreement (EULA)
Cyber Intel Classification Banner (CICB)
CORP: ARKSOFT INC
DBA: CYBER INTEL SYSTEMS
EULA Updated: 2023-02-18
EULA Version: 1.01
IMPORTANT READ CAREFULLY: This End-User License Agreement is a legal agreement between you (either an individual or an entity) and Cyber Intel Systems (CIS) for the CIS product identified above, which includes computer software and may include associated media, printed materials, and “online” or electronic documentation (“SOFTWARE PRODUCT”). Any component included within the SOFTWARE PRODUCT that is accompanied by a separate End-User License Agreement shall be governed by such agreement and not the terms set forth below. BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU ARE NOT AUTHORIZED TO INSTALL, COPY, OR OTHERWISE USE THE SOFTWARE PRODUCT; you may, however, return the SOFTWARE PRODUCT, along with all printed materials and other items that form a part of the CIS product that includes the SOFTWARE PRODUCT, to the place you obtained them for a full refund. CIS makes no warranties or representations, offers no support services or help, and you assume sole responsibility regarding the installation and use of third-party licensed software on the accompanying download/CD/Flash Drive.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by the United States copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE
This EULA grants you the following rights:
a. Software Product
You may install and use one copy of the SOFTWARE PRODUCT on a single computer. The primary user of the computer on which the SOFTWARE PRODUCT is installed may make a second copy for his or her exclusive use on a portable computer.
b. Storage/Network Use
You may also store or install a copy of the SOFTWARE PRODUCT on a storage device, such as a network server, used only to install or run the SOFTWARE PRODUCT on your other computers over an internal network; however, you must acquire and dedicate a license for each separate computer on which the SOFTWARE PRODUCT is installed or run from the storage device. A license for the SOFTWARE PRODUCT may not be shared or used concurrently on different computers.
c. License Pak
If you have acquired this EULA in a CIS License Pak, you may make the number of additional copies of the computer software portion of the SOFTWARE PRODUCT authorized on the printed copy of this EULA, and you may use each copy in the manner specified above. You are also entitled to make a corresponding number of secondary copies for portable computer use as specified above.
d. Sample Code
Solely with respect to portions, if any, of the SOFTWARE PRODUCT that is identified within the SOFTWARE PRODUCT as sample code (the “SAMPLE CODE”):
i. Use and Modification
CIS grants you the right to use and modify the source code version of the SAMPLE CODE, provided you comply with subsection (d)(iii) below. You may not distribute the SAMPLE CODE, or any modified version of the SAMPLE CODE, in source code form.
ii. Redistributable Files
Provided you comply with subsection (d)(iii) below, CIS grants you a nonexclusive, royalty-free right to reproduce and distribute the object code version of the SAMPLE CODE and of any modified SAMPLE CODE, other than SAMPLE CODE (or any modified version thereof) designated as not redistributable in the Readme file that forms a part of the SOFTWARE PRODUCT (the “Non-Redistributable Sample Code”). All SAMPLE CODE other than the Non-Redistributable Sample Code is collectively referred to as the “REDISTRIBUTABLES.”
iii. Redistribution Requirements
If you redistribute the REDISTRIBUTABLES, you agree to (i) distribute the REDISTRIBUTABLES in object code form only in conjunction with and as a part of your software application product; (ii) not use CIS’s name, logo, or trademarks to market your software application product; (iii) include a valid copyright notice on your software application product; (iv) indemnify, hold harmless, and defend CIS from and against any claims or lawsuits, including attorney’s fees, that arise or result from the use or distribution of your software application product; and (v) not permit further distribution of the REDISTRIBUTABLES by your end-user. Contact CIS for the applicable royalties due and other licensing terms for all other uses and/or distribution of the REDISTRIBUTABLES.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
a. Limitations on Reverse Engineering, De-compilation, and Disassembly
You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
b. Separation of Components
The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer.
c. Software Transfer:
i. Transfer – Internal
You may move the SOFTWARE PRODUCT to a different computer on your premises. After the transfer, you must completely remove the SOFTWARE PRODUCT from the former computer.
ii. Transfer to Third Party
The initial user of the SOFTWARE PRODUCT may make a one-time transfer of the SOFTWARE PRODUCT to another end user. The transfer must include all component parts, media, printed materials, this EULA, and if applicable, the Certificate of Authenticity. The transfer may not be an indirect transfer, such as a consignment. The end-user receiving the transferred SOFTWARE PRODUCT must agree to all the EULA terms prior to installing, copying, or otherwise using the SOFTWARE PRODUCT.
iii. No Rental
You may not rent, lease, lend, or provide commercial hosting services to third parties with the SOFTWARE PRODUCT.
Without prejudice to any other rights, CIS may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such an event, you must destroy all copies of the SOFTWARE PRODUCT and all its component parts.
2. Academic Edition Software
If the SOFTWARE PRODUCT is identified as “Academic Edition” or “AE,” you must be a “Qualified Educational User” to use the SOFTWARE PRODUCT. For qualification-related questions, please contact the CIS Sales Information Center/One CIS Way/Redmond, WA 98052-6399 or the CIS subsidiary serving your country.
3. Not for Resale Software
SOFTWARE PRODUCT identified as “Not for Resale” or “NFR,” may not be resold, transferred, or used for any purpose other than demonstration, test, or evaluation.
4. Consent to Use of Data
You agree that CIS and its affiliates may collect and use technical information gathered in any manner as part of the product support services provided to you, if any, related to the SOFTWARE PRODUCT. CIS may use this information solely to improve our products or to provide customized services or technologies to you. CIS may disclose this information to others, but not in a form that personally identifies you.
To use a SOFTWARE PRODUCT labeled as an upgrade, you must first be licensed for the product identified by CIS as eligible for the upgrade. After upgrading, you may no longer use the product that formed the basis for your upgrade eligibility.
4. ADDITIONAL SOFTWARE/SERVICES
a. Support Services
CIS may, but is not obligated to, provide you with support services related to the SOFTWARE PRODUCT. The use of such support services is governed by the CIS policies and programs described in the user manual, in “online” documentation, and/or in other CIS-provided materials.
This EULA applies to additional software and updates of the SOFTWARE PRODUCT, including without limitation supplements, service packages, hotfixes, or add-on components (collectively “Supplements”) that CIS may provide to you or make available to you after the date you obtain your initial copy of the SOFTWARE PRODUCT unless we provide other terms along with such Supplements.
All titles and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, SAMPLE CODE, REDISTRIBUTABLES, and “applets” incorporated into the SOFTWARE PRODUCT) and any copies of the SOFTWARE PRODUCT are owned by CIS or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material except that you may install the SOFTWARE PRODUCT on a single computer provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the SOFTWARE PRODUCT.
6. U.S. GOVERNMENT RESTRICTED RIGHTS
All SOFTWARE PRODUCT provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995, is provided with the commercial license rights and restrictions described elsewhere herein. All SOFTWARE PRODUCT provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995, is provided with “Restricted Rights” as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR,48 CFR 252.227-7013 (OCT 1988), as applicable.
7. EXPORT RESTRICTIONS
You acknowledge that the SOFTWARE PRODUCT is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to these products, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by the U.S. and other governments. For additional information on exporting CIS products, see https://cyberintelsystems.com/export-restrictions/
8. DISCLAIMER OF WARRANTY
To the maximum extent permitted by applicable law, CIS and its suppliers provide the SOFTWARE PRODUCT and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, whether express, implied, or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the SOFTWARE PRODUCT, and the provision of or failure to provide support or other services, information, software, and related content through the SOFTWARE PRODUCT or otherwise arising out of the use of the SOFTWARE PRODUCT. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE PRODUCT.
9. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, AND CERTAIN OTHER DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CIS OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE PRODUCT OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE PRODUCT, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE),STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY OF CIS OR ANY SUPPLIER, AND EVEN IF CIS OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. LIMITATION OF LIABILITY AND REMEDIES
NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF CIS AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR U.S.$5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
11. APPLICABLE LAW
If you acquired this SOFTWARE PRODUCT in the United States, this EULA is governed by the laws of the State of Washington. If you acquired this SOFTWARE PRODUCT in Canada unless expressly prohibited by local law, this EULA is governed by the laws in force in the Province of Ontario, Canada, and, in respect of any dispute which may arise hereunder, you consent to the jurisdiction of the federal and provincial courts sitting in Toronto, Ontario. If this SOFTWARE PRODUCT was acquired outside the United States, then local law may apply.
12. ENTIRE AGREEMENT
This EULA (including any addendum or amendment to this EULA which is included with the SOFTWARE PRODUCT) is the entire agreement between you and CIS relating to the SOFTWARE PRODUCT and support services (if any), and it supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to the SOFTWARE PRODUCT or any other subject matter covered by this EULA. To the extent the terms of any CIS policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control.