End User License Agreement ("EULA")
This End User License Agreement ("License") is an agreement between you and LiveSnoop L.L.C. ("LiveSnoop"). This License governs your use of this software and all related documentation, and updates and upgrades that replace or supplement the software and are not distributed with a separate license (collectively, the "Software").
By installing or using the Software, you consent to be bound by this License. If you do not agree to the terms of this License, then do not install or use the Software. Section 5 below describes the data LiveSnoop may use to provide services and support to you in connection with the Software. If you do not agree to this use of data, do not install or use the Software. IF YOU INSTALL the Software, the terms and conditions of this License are fully accepted by you.
- Grant. Through this download, you are acquiring and LiveSnoop grants you a personal, non-exclusive license to install and use the Software for your personal, non-commercial use solely as set forth in this License and the accompanying documentation. Your acquired rights are subject to your compliance with this License. Any commercial use is prohibited. You are expressly prohibited from sub-licensing, renting, leasing or otherwise distributing the Software or rights to use the Software, except as expressly set forth in paragraph 3 below. The term of your License shall commence on the date that install or otherwise use the Software, and shall end on the earlier of the date that you dispose of the Software; or LiveSnoop's termination of this License. Your license will terminate immediately if you attempt to circumvent the technical protection measures for the Software.
- Restrictions. Your right to use the Software is limited to the license grant above, and you may not otherwise copy, display, distribute, perform, publish, modify, create works from, or use the Software or any component of it. You are prohibited from making a copy of the Software available on a network where it could be used by multiple users. You are prohibited from making the Software available over a network where it could be downloaded by multiple users. You may not remove or alter LiveSnoop's trademarks or logos, or legal notices included in the Software or related assets.
- Representations Concerning Age And Jurisdiction. You represent and warrant that you are at least eighteen (18) years old. If you reside in a jurisdiction which restricts the use of internet-based applications according to age, or which restricts the ability to enter into agreements such as this EULA according to age and you are under such age limit, you may not enter into this EULA, download, install or use the Software. If you reside in a jurisdiction where it is forbidden by law to offer or use the Software for computer and/or internet monitoring, you may not enter into this EULA, download, install or use the Software. By entering into this EULA, you represent that you have verified in your own jurisdiction that your use of the Software is permitted by law.
- Reservation of Rights. Your rights to use this software are subject to this License. Except as expressly licensed to you herein, LiveSnoop reserves all right, title and interest in the Software (including all functionality), and all associated copyrights, trademarks, and other intellectual property rights therein. This License is limited to the intellectual property rights of LiveSnoop and its licensors in the Software and does not include any rights to other patents or intellectual property. Except to the extent permitted under applicable law, you may not decompile, disassemble, or reverse engineer the Software by any means whatsoever. You may not remove, alter, or obscure any product identification, copyright, or other intellectual property notices in the Software. LiveSnoop owns all of the right, title and interest in the Software. All rights not expressly granted herein, are reserved by LiveSnoop.
- Transfer. You may not transfer your rights to install and use the Software to another individual or legal entity. You may only install the software on computers that you legally own and only up to and including the number of licenses allowed by your online account. You may not be able to install or use the Software if you have already exhausted the terms of this License by authenticating the Software on the allowed number of machines.
- Consent to Use of Data. To facilitate technical protection measures, the provision of software updates, and any dynamically served content, and product support and other services to you, including computer monitoring, you agree that LiveSnoop and its affiliates may collect, use, store, and transmit technical and related information that identifies your computer (including an Internet Protocol Address and hardware identification), operating system and application software, and peripheral hardware. You also acknowledge and agree that LiveSnoop may and will collect keyboard data, screenshots, internet usage data, passwords, webcam image data, complete or partial data files, and any other information required to fulfill the advertised functionality of the LiveSnoop Software. LiveSnoop and its affiliates may also use this information in the aggregate, in a form which does not personally identify you, to improve our products and services and we may share anonymous aggregate data with our third party service providers.
- Termination. This License is effective until terminated. Your rights under this License will terminate immediately and automatically without any notice from LiveSnoop if you fail to comply with any of the terms and conditions of this License. Promptly upon termination, you must cease all use of the Software and destroy all copies of the Software in your possession or control. Termination will not limit any of LiveSnoop's other rights or remedies at law or in equity. Sections 5 - 8 of this License shall survive termination or expiration of this License for any reason.
- Disclaimer of Warranties. THE SOFTWARE IS PROVIDED TO YOU "AS IS," WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. LIVESNOOP AND LIVESNOOP'S LICENSORS (COLLECTIVELY "LIVESNOOP" FOR PURPOSES OF THIS SECTION AND SECTION 8) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. LIVESNOOP DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SOFWARE WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY LIVESNOOP OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
- Limitation of Liability. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL LIVESNOOP BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, OR ANY FORM OF INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS LICENSE OR THE SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT LIVESNOOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR DEATH, PERSONAL INJURY, FRAUDULENT MISREPRESENTATIONS OR CERTAIN INTENTIONAL OR NEGLIGENT ACTS, OR VIOLATION OF SPECIFIC STATUTES, OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. In no event shall LiveSnoop's total liability to you for all damages (except as required by applicable law) exceed the amount actually paid by you for the Software.
- Limitation of Liability and Disclaimer of Warranties are Material Terms of this License. You agree that the provisions in this License that limit liability are essential terms of this License.
- Severability and Survival. If any provision of this License is illegal or unenforceable under applicable law, the remainder of the provision shall be amended to achieve as closely as possible the effect of the original term and all other provisions of this License shall continue in full force and effect.
- U.S. Government Restricted Rights. If you are a government end user, then this provision applies to you. The Software provided in connection with this License has been developed entirely at private expense, as defined in FAR section 2.101, DFARS section 252.227-7014(a)(1) and DFARS section 252.227-7015 (or any equivalent or subsequent agency regulation thereof), and is provided as "commercial items," "commercial computer software" and/or "commercial computer software documentation." Consistent with DFARS section 227.7202 and FAR section 12.212, and to the extent required under U.S. federal law, the minimum restricted rights as set forth in FAR section 52.227-19 (or any equivalent or subsequent agency regulation thereof), any use, modification, reproduction, release, performance, display, disclosure or distribution thereof by or for the U.S. Government shall be governed solely by this License and shall be prohibited except to the extent expressly permitted by this License.
- Injunctive Relief. You agree that a breach of this License may cause irreparable injury to LiveSnoop for which monetary damages would not be an adequate remedy and LiveSnoop shall be entitled to seek equitable relief in addition to any remedies it may have hereunder or at law.
- Governing Law. This License shall be governed by and construed (without regard to conflicts or choice of law principles) under the laws of the State of North Carolina as applied to agreements entered into and to be performed entirely in North Carolina between North Carolina residents. Unless expressly waived by LiveSnoop in writing for the particular instance or contrary to local law, the sole and exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the North Carolina state and federal courts having within their jurisdiction the location of LiveSnoop's principal corporate place of business. Both parties consent to the jurisdiction of such courts and agree that process may be served in the manner provided herein for giving of notices or otherwise as allowed by North Carolina or federal law. The parties agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to this License or to any dispute or transaction arising out of this License.
- Export. You agree to abide by U.S. and other applicable export control laws and agree not to transfer the Software to a foreign national, or national destination, which is prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You certify that you are not a person with whom LiveSnoop is prohibited from transacting business under applicable law.
- Entire Agreement. This License constitutes the entire agreement between you and LiveSnoop with respect to the Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless made in writing and signed by LiveSnoop. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. In the event of a conflict between this License and any applicable purchase or other terms, the terms of this License shall govern.
Last Update: July 15th, 2014.