End User Software License Agreement
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS DO NOT INSTALL OR ACCESS THE SOFTWARE OR OTHERWISE INDICATE REFUSAL, MAKE NO FURTHER USE OF THE SOFTWARE, AND CONTACT YOUR VENDOR OR CUSTOMER SERVICE, FOR INFORMATION ON HOW TO OBTAIN A REFUND OF THE MONEY YOU PAID FOR THE SOFTWARE AT ANY TIME DURING THE THIRTY (30) DAYS PERIOD FOLLOWING THE DATE OF PURCHASE.
PRODUCT REGISTRATION. By accepting this Agreement, You agree to register Your Software. Registration requires a valid product serial number and a valid email address for renewal and other notices.
The Techzilla Account is necessary for the activation of the online features, as stated in the Product Documentation.
This License Agreement covers Techzilla Products for home-users licensed to you, including related documentation and any update and upgrade of the applications delivered to you under the purchased license or any related service agreement as defined in the documentation and any copy of these items.
This License Agreement is a legal agreement between you (either an individual or a legal person) and TECHZILLA for use of TECHZILLA’s software product identified above, which includes computer software and services, and may include associated media, printed materials, and “online” or electronic documentation (hereafter designated as “Techzilla Product”), all of which are protected by international copyright laws and international treaties. By installing, copying or using Techzilla Product, you agree to be bound by the terms of this Agreement.
GRANT OF LICENSE. Techzilla Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Techzilla Product is licensed, not sold. This agreement only gives You some rights to use Techzilla Product. Techzilla reserves all other rights. Unless applicable law gives you more rights despite this limitation, You may use Techzilla Product only as expressly permitted in this Agreement.
Techzilla hereby grants you and only you the following non-exclusive, limited, non-assignable, non-transferable, non-sublicensable and royalty-bearing license to use Techzilla Product.
You will have certain rights to use the Techzilla Product during the License Period, which shall begin on the date of Your initial installation of the Techzilla Product regardless of the number of copies that You are permitted to use, and shall last for the period of time set forth in the Documentation or the applicable transaction documentation from the Techzilla distributor or reseller from which You obtained the Techzilla Product. The Techzilla Product may automatically be deactivated at the end of the License Period, and You will not be entitled to receive any feature or content updates to the Techzilla Product.
You can use one copy of the Techzilla Product on a single computer. If a greater number of copies and/or number of computers is specified within the sale transaction documentation from the authorized distributor or reseller from which You obtained the Techzilla Product (Permitted Number), You shall have the right to copy the Techzilla Product in accordance with such specifications;
You can make one copy of the Techzilla Product for back-up or archival purposes; If the Techzilla Product supports multiple platforms or languages, if you receive the Techzilla Product on multiple media, if you otherwise receive multiple copies of the Techzilla Product, or if you receive the Techzilla Product bundled with other software, the total number of your Computers on which all versions of the Techzilla Product are installed may not exceed the Permitted Number.
During the installation process, the Techzilla Product may uninstall or disable other security products if such products or features are incompatible with Techzilla Product.
TRIAL LICENSE. If You are a trial user, You may use Techzilla Product for evaluation or testing purposes in a non-production environment for thirty (30) days from the date You download Techzilla Product (the “Trial Period”). During the Trial Period, You are entitled to web or email based technical support in the country where You are located and to Updates, if applicable. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Techzilla PRODUCT AND ANY SERVICES AND RELATED DOCUMENTATION USED FOR EVALUATION PURPOSES ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTIES OF ANY KIND. Your right to use Techzilla Product ends when the Trial Period ends or if You violate any term of this Agreement. Upon termination of the Evaluation Period, You must delete or destroy all copies of Techzilla Product and documentation and stop using the Service. Your obligations and rights under this Agreement will continue to apply after the end of the Trial Period.
TERM OF LICENSE. You will have certain rights to use the Techzilla Product during the License Period, which shall begin on the date of Your initial installation of the Techzilla Product regardless of the number of copies that You are permitted to use, and shall last for the period of time set forth in the Documentation or the applicable transaction documentation from the Techzilla distributor or reseller from which You obtained the Techzilla Product. The Techzilla Product may automatically be deactivated at the end of the License Period, and You will not be entitled to receive any feature or content updates to the Techzilla Product.
If you have agreed to permit Techzilla to automatically renew your subscription to Techzilla Product by charging a valid credit card number which you have provided to Techzilla, your subscription will continue if full force and effect unless you cancel for a fee no greater than Techzilla ‘s then-current price, excluding promotional and discount pricing. You must provide current, complete and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete, and accurate (such as, but not limited to a change in billing address, credit card number, or credit card expiration date), and you must promptly notify Techzilla if your credit card is canceled (such as, but not limited to for loss or theft). If you fail to provide Techzilla any of the foregoing information, you agree that Techzilla may continue charging you for any subscription unless you inform Techzilla ‘s Customer Care department at http://www.techzilla.com/contact-us
(or any other local number provided by the respective Techzilla entity in your region) not to renew your subscription to Techzilla Product at least thirty (30) days prior to the desired cancellation of your subscription to Techzilla Product and informing them of your desire not to have such subscription continue. This Agreement will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of this Agreement, you must cease use of Techzilla Product and destroy all copies of Techzilla and the Documentation.
UPGRADES. If Techzilla is labeled as an upgrade, you must be properly licensed to use a product identified by Techzilla as being eligible for the upgrade in order to use Techzilla Product. A Techzilla Product labeled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this License Agreement. If Techzilla Product is an upgrade of a component of a package of software programs that you licensed as a single Techzilla Product may be used and transferred only as part of that single product package and may not be separated for use by more than the total number of licensed users. The terms and conditions of this license replace and supersede any previous agreements that may have existed between you and Techzilla regarding the original product or the resulting upgraded product.
COPYRIGHT. All rights, titles and interest in and to Techzilla and all copyright rights in and to Techzilla (including but not limited to any images, photographs, logos, animations, video, audio, music, text, and “applets” incorporated into Techzilla), the accompanying printed materials, and any copies of Techzilla are owned by TECHZILLA. Techzilla is protected by copyright laws and international treaty provisions. Therefore, you must treat Techzilla like any other copyrighted material. You may not copy the printed materials accompanying Techzilla. You must produce and include all copyright notices in their original form for all copies created irrespective of the media or form in which Techzilla exists. You may not sub-license, rent, sell, resell, loan, lease, share or otherwise transfer, with or without consideration, the Techzilla license. You may not reverse engineer, de/recompile, disassemble, create derivative works, modify, translate, or make any attempt to reconstruct or to discover the source code for Techzilla or underlying ideas, algorithms, file formats, programming or interoperability interfaces. You may not permit third parties to benefit from the use or functionality of Techzilla Product. You may not remove any proprietary notices or labels on Techzilla. All rights not expressly set forth hereunder are reserved by Techzilla.
TECHNICAL SUPPORT. Certain technical support features may be offered by Techzilla for the license term of the Techzilla Product and may include live chat with a technical support consultant and/or assistance from a technical support consultant via remote computer access. If such features are offered and You choose to access such Technical Support it shall be governed by the following conditions: Any such Technical Support shall be provided in Techzilla’s sole discretion without any guarantee or warranty of any kind. It is solely Your responsibility to complete a backup of all Your existing data, software and programs before receiving any Technical Support. In the course of providing the Technical Support, Techzilla may determine that the technical issue is beyond the scope of the Technical Support. Techzilla reserves the right to refuse, suspend or terminate any of the Technical Support in its sole discretion.
LIMITED WARRANTY. TECHZILLA warrants that the media on which Techzilla is distributed is free from defects for a period of thirty days from the date of delivery of Techzilla to you. Your sole remedy for a breach of this warranty will be that TECHZILLA , at its option, may replace the defective media upon receipt of the damaged media, or refund the money you paid for Techzilla. TECHZILLA does not warrant that Techzilla will be uninterrupted or error free or that the errors will be corrected. TECHZILLA does not warrant that Techzilla will meet your requirements.
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, TECHZILLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE TECHZILLA PRODUCTS, ENHANCEMENTS, MAINTENANCE OR SUPPORT RELATED THERETO, OR ANY OTHER MATERIALS (TANGIBLE OR INTANGIBLE) OR SERVICES SUPPLIED BY HIM. TECHZILLA HEREBY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOSS OF DATA, COMPUTER FAILURE OR MALFUNCTION FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON‑INTERFERENCE, ACCURACY OF DATA, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION, AND NON‑INFRINGEMENT OF THIRD PARTY RIGHTS by filtering, disabling, or removing such third party’s software, spyware, adware, cookies, emails, DOCUMENTS, advertisements or the like, WHETHER ARISING BY STATUTE, LAW, COURSE OF DEALING, CUSTOM AND PRACTICE, OR TRADE USAGE. Techzilla is acting on behalf of its suppliers and marketing partners for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this Agreement, but in no other respects and for no other purpose. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.
The Techzilla Product, as provided under this Agreement, can contain features and functionalities that allows You to protect sensitive information on your computer. You will be required to provide a password in order to encrypt and protect such information. You will not be able to recover the information you have encrypted if you lose or forget the password. You are aware that the level of encryption that can be used by the Techzilla Product should protect your information from the average computer user; however, you acknowledge that the encryption may be broken. You also acknowledge that information that has been encrypted may not be unencrypted if your hard drive has bad sectors or fails. Techzilla shall not be held responsible for access of your information where you have provided your password to a third party or have failed to use reasonable efforts to protect such information, password, answers to challenge questions or for user error.
DISCLAIMER OF DAMAGES
. Anyone using, testing, or evaluating Techzilla bears all risk to the quality and performance of Techzilla. In no event shall TECHZILLA be liable for any damages of any kind, including, without limitation, direct or indirect damages arising out of the use, performance, or delivery of Techzilla, even if TECHZILLA has been advised of the existence or possibility of such damages.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO CASE SHALL TECHZILLA’S LIABILITY EXCEED THE PURCHASE PRICE PAID BY YOU FOR TECHZILLA. The disclaimers and limitations set forth above will apply regardless of whether you accept to use, evaluate, or test Techzilla.
We strongly recommend that You back up Your data frequently. You shall at all times be under a duty to mitigate Your loss.
IMPORTANT NOTICE TO USERS.
THIS SOFTWARE IS NOT FAULT-TOLERANT AND IS NOT DESIGNED OR INTENDED FOR USE IN ANY HAZARDOUS ENVIRONMENT REQUIRING FAIL-SAFE PERFORMANCE OR OPERATION. THIS SOFTWARE IS NOT FOR USE IN THE OPERATION OF AIRCRAFT NAVIGATION, NUCLEAR FACILITIES, OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, DIRECT OR INDIRECT LIFE-SUPPORT SYSTEMS, AIR TRAFFIC CONTROL, OR ANY APPLICATION OR INSTALLATION WHERE FAILURE COULD RESULT IN DEATH, SEVERE PHYSICAL INJURY OR PROPERTY DAMAGE.
UPDATES. By accepting this Agreement, You acknowledge and agree that your system will be used for receiving and serving Updates of the Product through a peer to peer protocol. The protocol will not be used for anything other than transmitting and receiving Techzilla updates of signatures files.
CONSENT TO ELECTRONIC COMMUNICATIONS.
Techzilla may send you legal notices and other communications about the Software and Maintenance subscription services or our use of the information you provide us (“Communications”). Techzilla will send Communications via in-product notices or via email to the primary user’s registered email address, or will post Communications on its Sites. By accepting this Agreement, you consent to receive all Communications through these electronic means only and acknowledge and demonstrate that you can access Communications on Sites.
DATA COLLECTION TECHNOLOGY
- Techzilla informs you that in certain programs or products it may use data collection technology to collect technical information (including suspect files), to improve the products, to provide related services, to adapt them and to prevent the unlicensed or illegal use of the product or the damages resulting from the malware products. You accept that Techzilla may use such information as part of the services provided in relation to the product and to prevent and stop the malware programs running on your computer.
From time to time, the Techzilla Product may collect certain information from the computer on which it is installed, which may include: Information on potential security risks as well as URLs of websites visited that the Techzilla Product deems potentially fraudulent. The URLs could contain personally identifiable information that a potentially fraudulent website is attempting to obtain without Your permission. This information is collected by Techzilla for the purpose of evaluating and improving the ability of Techzilla’s products to detect malicious behavior, potentially fraudulent websites and other Internet security risks. This information will not be correlated with any personally identifiable information.
- URLs of websites visited as well as search keywords and search results only if the browser toolbar feature is enabled. This information is collected by Techzilla for the purpose of evaluating and advising You regarding potential threats and risks that may be associated with a particular Web site before You view it. This information will not be correlated with any personally identifiable information.
- Executable files that are identified as potential malware, including information on the actions taken by such files at the time of installation. These files are submitted to Techzilla using the Techzilla Product’s automatic submission function. The collected files could contain personally identifiable information that has been obtained by the malware without Your permission. Files of this type are being collected by Techzilla only for the purpose of improving the ability of Techzilla’s products to detect malicious behavior. Techzilla will not correlate these files with any personally identifiable information. Such automatic submission function may be deactivated after installation by following the instructions in the Documentation for applicable products. Status information regarding installation and operation of the Techzilla Product. This information indicates to Techzilla whether installation of the Techzilla Product was successfully completed as well as whether the Techzilla Product has encountered an error. The status information could contain personally identifiable information only if such information is included in the name of the file or folder encountered by the Techzilla Product at the time of installation or error. The status information is collected by Techzilla for the purpose of evaluating and improving Techzilla’s product performance and installation success rate. This information will not be correlated with any personally identifiable information.
- Information contained in email messages that you send through the Techzilla Product to Techzilla to report as spam or as incorrectly identified as spam. These email messages may contain personally identifiable information and will be sent to Techzilla only with your permission, and will not be sent automatically. If you send such messages to Techzilla, Techzilla will use them only for the purpose of improving the detection ability of Techzilla’s antispam technology. Techzilla will not correlate these files with any other personally identifiable information.
- Information contained in a report that You may choose to send through the Techzilla Product to Techzilla when the Techzilla Product encounters a problem. The report includes information regarding the status of both the Techzilla Product and Your computer at the time that the Techzilla Product encountered the problem. The status information about Your computer may include the system language, and the operating system version for Your computer, as well as the processes running, their status and performance information, and data from files or folders that were open at the time the Techzilla Product encountered the problem. The information could contain personally identifiable information if such information is included in, or is a part of the name of the files or folders open at the time the Techzilla Product encountered the problem.
This information will be sent to Techzilla only with Your permission, and will not be sent automatically. The information is collected by Techzilla for the purpose of correcting improving Techzilla’s product performance. This information will not be correlated the encountered problem and with any personally identifiable information.
- The Internet Protocol (IP) address of the computer on which the Techzilla Product is installed, as well as other general, statistical information used for license administration, product analysis, and for improving product functionality. This information will not be correlated with any personally identifiable information.
The collected information as set out above is necessary for the purpose of optimizing the functionality of Techzilla’s products and may be transferred to the Techzilla Group in the United States or other countries that may have less protective data protection laws than the region in which You are situated (including the European Union), but Techzilla has taken steps so that the collected information, if transferred, receives an adequate level of protection.
Techzilla reserves the right to cooperate with any legal process and any law enforcement or other government inquiry related to your use of this Techzilla Product. This means that Techzilla may provide documents and information relevant to a court subpoena or to a law enforcement or other government investigation. In order to promote awareness, detection and prevention of Internet security risks, Techzilla may share certain information with research organizations and other security software vendors.
Techzilla may also use statistics derived from the information to track and publish reports on security risk trends. By using the Techzilla Product, You acknowledge and agree that Techzilla may collect, transmit, store, disclose and analyze such information for these purposes. You declare that all the data that you provide will be true and accurate and undertakes to inform Techzilla of any changes to said data. You have the right to object to the processing of any of his or her data which is not essential for the execution of the agreement and to its use for any purpose other than the maintenance of the contractual relationship.
In the event that you provide the details of a third-party, Techzilla shall not be held responsible for complying with the principles of information and consent, and it shall therefore be you that guarantees to have previously informed and obtained the consent of the owner of the data, with regards to communicating such data.
In addition to Techzilla Product registration information, Techzilla must process and store certain information about Your network and equipment to provide Maintenance and related support services. To improve its products, Techzilla may also upload information periodically from installed Techzilla Product about product usage, detected malware or potentially unwanted files and use Service traffic to improve its data bases and heuristics. The Techzilla Product is not designed to capture or retain any personal or private information. You agree that Techzilla may (i) use uploaded data from installed Techzilla Product to improve products and services; (ii) use uploaded data for analysis or reporting purposes only if any such use does not identify You or include any information that can be used to identify any individual person. Techzilla reserves the title, ownership and all rights and interest to any intellectual property or work product resulting from its use and analysis of such information.
GENERAL. This Agreement will be governed by the laws of State of Florida and by U.S. copyright regulations and treaties. The exclusive jurisdiction and venue to adjudicate any dispute arising out of these License Terms shall be of the courts of the State of Florida. Nothing in this License Agreement will diminish any rights You may have under existing consumer protection legislation or other applicable laws in Your jurisdiction that may not be waived by contract.
In the event of invalidity of any provision of this Agreement, the invalidity shall not affect the validity of the remaining portions of this Agreement.
Techzilla and Techzilla logos are trademarks of TECHZILLA. All other trademarks used in the product or in associated materials are the property of their respective owners.
The license will terminate immediately without notice if you are in breach of any of its terms and conditions. You shall not be entitled to a refund from TECHZILLA or any resellers of Techzilla as a result of termination. The terms and conditions concerning confidentiality and restrictions on use shall remain in force even after any termination.
TECHZILLA may revise these Terms at any time and the revised terms shall automatically apply to the corresponding versions of the Techzilla Product distributed with the revised terms. If any part of these Terms is found void and unenforceable, it will not affect the validity of rest of the Terms, which shall remain valid and enforceable.
In case of controversy or inconsistency between translations of these Terms to other languages, the English version issued by TECHZILLA shall prevail.
Contact TECHZILLA at 5259 Coconut Creek Pkwy, Margate, Florida 33063.