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Terms & Conditions

   
   
 
 
   

 

   
 
 
     
   
Website Terms of Use  

Use of this website, and information distributed in conjunction with this website, is offered to you on your acceptance of these Terms of Use, our Privacy Policy and other notices posted on this website. Your use of this website or of any content presented in any and all areas of the website indicates your acknowledgment and agreement to these Terms of Use, our Privacy Policy and other notices posted on this website. If you do not agree to be bound by and comply with all of the foregoing, you may not access or use our information, services, or website. We suggest you print a copy of each of these documents for your records.

Protexx Inc. shall have the right, at its sole discretion, to modify, add or remove any terms or conditions of these Terms of Use without notice or liability to you. Any changes to these Terms of Use shall be effective immediately following the posting of such changes on this website. You agree to follow all applicable laws and regulations when viewing www.protexx.com  www.protexxinc.com, www.secureofficeserver.com, or  www.protexxinc.net and to review these Terms of Use from time to time and agree that any subsequent use by you of this website following changes to these Terms of Use shall constitute your acceptance of all such changes.
These Terms of Use were last modified on June 30th, 2006.

Furthermore, you agree that you shall not:

a. upload, post or otherwise transmit through or to this website any content that:
i. is unlawful, abusive, threatening, harmful, obscene, lewd, offensive, defamatory or otherwise objectionable;
ii. might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others;
iii. contains any viruses, Trojan horses, time bombs, or any other harmful programs or elements;

b. disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of our website, its computer systems, servers or networks;

c. provide false information about yourself to us, impersonate any other person, or otherwise attempt to mislead others about your identity or the origin of any content, message or other communication;

d. transmit junk mail, chain letters, or other unsolicited bulk e-mail or duplicative messages;

e. collect information about other visitors to our website without their consent or otherwise systematically extract data or data fields, including without limitation any financial data or e-mail addresses;

f. sell access to or the use of this website, including any content contained on, downloaded or accessed from this website, except as specifically permitted in writing by Protexx Inc.

g. redistribute any content provided by us in any manner whatsoever including by means of printed publication, fax broadcast, web pages, e-mail, web newsgroups or forums, or any other electronic or paper-based service or method;

h. intentionally alter the format in which data is provided by us or otherwise circumvent our regular interfaces to such data; and by uploading, posting or otherwise transmitting through or to our website any content, you grant to us, our successors and assigns, a non-exclusive, world-wide, royalty free, perpetual, non-revocable license to use or distribute such content in any manner otherwise than as stated in our Privacy Policy.

DISCLAIMER 

This website is for informational purposes only and is not intended to provide specific security advice. It is provided to you solely for your own personal, non-commercial use and not for purposes of resale, distribution, public display or performance, or any other uses by you in any form or manner whatsoever. Unless otherwise indicated on this website, you may display, download, archive, and print a single copy of any information on this website, or otherwise distributed from Protexx, for such personal, non-commercial use, provided it is done pursuant to the Website Terms of Use and Obligations set forth herein.

Protexx has used its best commercial efforts to obtain the most accurate and timely information available, all of which are complex and subject to rapid change. Accordingly, we do not guarantee the accuracy, timeliness, reliability or completeness of any of the information contained on, downloaded or accessed from this website.

The performance of this website and all information contained on, downloaded or accessed from this website are provided to you on an "as is" basis, without warranties of any kind whatsoever, including any implied warranties or warranties of merchantability, fitness for a particular purpose or non-infringement of the rights of third parties. Protexx shall be not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, Internet access providers, computer equipment, software, or any combination thereof including any injury or damage to your or any other person's computer as a result of using this website.

Protexx reserves the right, at its sole discretion, to modify, disable access to or discontinue, temporarily or permanently, any part or all of this website or any information contained thereon without liability or notice to you.

As a visitor to our website, you acknowledge and agree that any reliance on or use by you of any information available on this website shall be entirely at your own risk. In no event shall Protexx nor any of its data providers be liable for any direct, indirect, consequential or exemplary damages arising from the use or the performance of this website, even if Protexx or such provider has been advised of the possibility of such damages.

PROTEXX SOFTWARE LICENSE AGREEMENT

IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE. PROTEXX INC AND/OR ITS SUBSIDIARIES (“PROTEXX”) IS WILLING TO LICENSE THE SOFTWARE TO YOU AS THE INDIVIDUAL, THE COMPANY, OR THE LEGAL ENTITY THAT WILL BE UTILIZING THE SOFTWARE (REFERENCED BELOW AS “YOU” OR “YOUR”) ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS LICENSE AGREEMENT. THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND PROTEXX. BY CLICKING THE “ACCEPT” OR “YES” BUTTON OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR LOADING THE SOFTWARE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, CLICK THE “I DO NOT ACCEPT” OR “NO” BUTTON OR OTHERWISE INDICATE REFUSAL, MAKE NO FURTHER USE OF THE SOFTWARE AND CONTACT PROTEXX CUSTOMER SERVICE FOR INFORMATION ON HOW TO OBTAIN A REFUND OF THE MONEY YOU PAID FOR THE SOFTWARE (LESS SHIPPING, HANDLING, AND ANY APPLICABLE TAXES) AT ANY TIME DURING THE THIRTY (30) DAY PERIOD FOLLOWING THE DATE OF PURCHASE.  

1. License:

The software and documentation that accompanies this license (collectively the “Software”) is the property of PROTEXX, or its licensors, and is protected by copyright law. While PROTEXX continues to own the Software, You will have certain rights to use the Software after Your acceptance of this license. This license governs any releases, revisions, or enhancements to the Software that PROTEXX may furnish to You. Except as may be modified by a PROTEXX license certificate, license coupon, or license key (each a “License Module”) that accompanies, precedes, or follows this license, Your rights and obligations with respect to the use of this Software are as follows.

You may:

A. use one copy of the Software on a single computer.

B. use the Software on a network, provided that You have a licensed copy of the Software for each computer that can access the Software over that network;

C. use the Software in accordance with any additional permitted uses set forth, below.  

You may not:

A. copy the printed documentation that accompanies the Software;

B. sublicense, rent, or lease any portion of the Software; reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software, or create derivative works from the Software;

C. use, if You received the software distributed on media containing PROTEXX products, any PROTEXX software on the media for which You have not received a License.

D. use the Software in any manner not authorized by this license; nor

E. use the Software in any manner that contradicts any additional restrictions set forth, below.

There are technological measures in this Software that are designed to prevent unlicensed or illegal use of the Software. You agree that PROTEXX may use these measures to protect PROTEXX against software piracy. This Software may contain enforcement technology that limits the ability to install and uninstall the Software on a machine to not more than a finite number of times for a finite number of machines. This License and the Software containing enforcement technology require activation as further set forth during installation and in the Documentation. The Software will only operate for a finite period of time prior to Software activation by You. During activation, You will provide Your unique product key accompanying the Software and PC configuration in the form of an alphanumeric code over the Internet to verify the authenticity of the Software. If You do not complete the activation within the finite period of time set forth in the Documentation, or as prompted by the Software, the Software will cease to function until activation is complete, which will restore Software functionality. In the event You are not able to activate the Software, You may contact PROTEXX Customer Support at the URL, or and telephone number provided by PROTEXX during activation, or as may be set forth in the Documentation.

2. Sixty (30) Day Money Back Guarantee:

If You are the original licensee of this copy of the Software and are not completely satisfied with it for any reason, please contact PROTEXX Customer Service for a refund of the money You paid for the Software (less shipping, handling, and any applicable taxes) at any time during the thirty (30) day period following the date of purchase.  

3. Limited Warranty:

PROTEXX warrants that the media on which the Software is distributed will be free from defects for a period of thirty (30) days from the date of delivery of the Software to You. Your sole remedy in the event of a breach of this warranty will be that PROTEXX will, at its option, replace any defective media returned to PROTEXX within the warranty period or refund the money You paid for the Software. PROTEXX does not warrant that the Software will meet Your requirements or that operation of the Software will be uninterrupted or that the Software will be error-free.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.  

4. Disclaimer of Damages:

SOME STATES AND COUNTRIES, INCLUDING MEMBER COUNTRIES OF THE EUROPEAN ECONOMIC AREA, DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE BELOW LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL PROTEXX OR ITS LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF PROTEXX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO CASE SHALL PROTEXX’S OR ITS LICENSORS’ LIABILITY EXCEED THE PURCHASE PRICE FOR THE SOFTWARE. The disclaimers and limitations set forth above will apply regardless of whether You accept the Software.  

5. U.S. Government Restricted Rights:

RESTRICTED RIGHTS LEGEND. All PROTEXX products and documentation are commercial in nature. The software and software documentation are “Commercial Items,” as that term is defined in 48 C.F.R. section 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are defined in 48 C.F.R. section 252.227-7014(a)(5) and 48 C.F.R. section 252.227-7014(a)(1), and used in 48 C.F.R. section 12.212 and 48 C.F.R. section 227.7202, as applicable. Consistent with 48 C.F.R. section 12.212, 48 C.F.R. section 252.227-7015, 48 C.F.R. section 227.7202 through 227.7202-4, 48 C.F.R. section 52.227-14, and other relevant sections of the Code of Federal Regulations, as applicable, PROTEXX's computer software and computer software documentation are licensed to United States Government end users with only those rights as granted to all other end users, according to the terms and conditions contained in this license agreement. Manufacturer is PROTEXX Inc. 10 Fairway Drive, Suite 102, Deerfield Beach, FL 33441. 

6. Export Regulation:

The Software and its related documentation, including technical data, may not be exported or re-exported in violation of the U.S. Export Administration Act, its implementing laws and regulations, the laws and regulations of other U.S. agencies, or the export and import laws of the jurisdiction in which the Software was obtained. Export to any individual, entity, or country specifically designated by applicable law is strictly prohibited.


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