IMPORTANT – READ CAREFULLY: BY DOWNLOADING, INSTALLING, AND/OR USING THE SOFTWARE (DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MUST NOT DOWNLOAD, INSTALL, OR USE THE SOFTWARE, AND YOU MUST DELETE THE SOFTWARE.
END USER LICENSE AGREEMENT (EULA)
This End User License Agreement (the “Agreement”) is hereby entered into and agreed upon by you, either an individual or an entity and SetupVPN (“SetupVPN”) for the VPN services which allow You benefits such as being preventing tracking, unblocking sites, ensuring your privacy when using public Wi-Fi, changing your location, having static IP, caching services to serve content faster and bypassing governmental restrictions. (“Software”).
1. GRANT OF LICENSE
1.1 FREE LICENSE. SetupVPN hereby grants You a revocable, non-exclusive, non-transferable, limited and perpetual license to download, install and use the Software solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.
1.2 PAID LICENSE. Upon payment of the applicable fees for the Software and continuous compliance with the terms and conditions of this Agreement, SetupVPN hereby grants You a revocable, non-exclusive, non-transferable, limited and perpetual license to download, install and use the Software, strictly in accordance with the terms of this Agreement, strictly in accordance with the terms of this Agreement.
1.3 UNAUTHORIZED USE. You agree to use Your reasonable efforts to prevent and protect the contents of the Software from unauthorized use or disclosure, with at least the same degree of care that You use to protect Your own confidential and proprietary information, but in no event less than a reasonable degree of care under the circumstances.
2. OWNERSHIP RIGHTS
The Software is the intellectual property of SetupVPN and is protected by applicable copyright laws, international treaty provisions and other applicable laws of the country in which the Software is being used. The structure, organization and code of the Software are valuable trade secrets and confidential information of SetupVPN. To the extent you provide any comments or suggestions about the Software to SetupVPN, SetupVPN shall have the right to retain and use any such comments or suggestions in our current or future products or services, without further compensation to you and without your approval of such retention or use.
Except as stated in this Agreement, your possession, installation and use of the Software does not grant you any rights or title to any intellectual property rights in the Software. All rights to the Software and Documentation, including all associated copyrights, patents, trade secret rights, trademarks and other intellectual property rights are reserved by SetupVPN.
3.1 RESTRICTIVE USE. You may not: (i) provide, make available to, or permit other individuals or companies to use the Software, except under the terms listed above, either in whole or part; (ii) modify, translate, reverse engineer, decompile, disassemble, create derivative works, or otherwise attempt to derive the source code based upon the Software; (iii) copy, reproduce, republish, upload, post, or transmit the Software (except for back-up or archival purposes, which will not be used for transfer, distribution, or sale); (iv) license, sell, rent, lease, transfer, sublicense, distribute, or otherwise transfer rights to the Software; (v) remove any proprietary notices or labels on the Software; or (vi) license the Software if You are a direct competitor of SetupVPN for the purposes of monitoring the Software’s availability, performance, or functionality or for any other benchmarking or competitive purposes. Any such forbidden use shall immediately terminate Your license to the Software.
3.2 COMPLIANCE WITH APPLICABLE LAWS. The Software are protected by the intellectual property laws and other laws of United States of America and international laws and treaties, including intellectual property laws. You agree that You shall use the Software solely in a manner that complies with all applicable laws in the jurisdictions in which You use the, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights.
4. DATA RIGHTS.
You agree that SetupVPN will collect and track technical and related information about You and Your use of the Software, which may include Your internet protocol address, hardware identifying information, operating system, application software, peripheral hardware, and Software usage statistics, to assist with the necessary operation and function of the Software, the provision of updates, support, invoicing, marketing by SetupVPN or its agents, and research and development. SetupVPN will never disclose this data to third-party.
5. LIMITED WARRANTY
SetupVPN does not warrant that the Software will meet all of Your requirements or that the use of the Software will be uninterrupted or error-free. The foregoing warranty applies only to failures in operation of the Software that are reproducible in standalone form and does not apply to: (i) Software that is modified or altered by You or any third party that is not authorized by SetupVPN; (ii) Software that is otherwise operated in violation of this Agreement; or (iii) failures that are caused by other software or hardware products.
EXCEPT AS EXPRESSLY STATED IN THIS SECTION, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, SETUPVPN IS PROVIDING AND LICENSING THE SOFTWARE TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
6. INTELLECTUAL PROPERTY INDEMNIFICATION.
SetupVPN will indemnify and hold You harmless from any third party claim brought against You that the Software, as provided by SetupVPN to You under this Agreement and used within the scope of this Agreement, infringes or misappropriates any patent, copyright, trademark, trade secret, or other intellectual property rights of a third party, provided (i) use of the Software by You is in conformity with the Agreement; (ii) the infringement is not caused by modification or alteration of the Software; and/or (iii) the infringement was not caused by a combination or use of the Software with products not supplied by SetupVPN. SetupVPN’s indemnification obligations are contingent upon You: (i) promptly notifying SetupVPN in writing of the claim; (ii) granting SetupVPN sole control of the selection of counsel, defense, and settlement of the claim; and (iii) providing SetupVPN with reasonable assistance, information and authority required for the defense and settlement of the claim. This Section states SetupVPN’ entire liability (and shall be SetupVPN’s sole and exclusive remedy) with respect to indemnification to SetupVPN.
7. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SETUPVPN, ITS DIRECTORS, OFFICERS, AGENTS, SUPPLIERS AND LICENSORS, BE LIABLE TO YOU (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) (I) FOR MORE THAN THE AMOUNT OF LICENSE FEES THAT YOU HAVE PAID TO SETUPVPN IN THE PRECEDING (12) TWELVE MONTHS FOR THE APPLICABLE SOFTWARE OR (II) FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE,OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST BUSINESS OPPORTUNITIES, LOSS OF USE OF THE SERVICE OFFERING, LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOSS OF DATA, LOST SAVINGS, OR OTHER ECONOMIC DAMAGE , ARISING OUT OF THIS AGREEMENT OR THE USE OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION, EVEN IF SETUPVPN OR A DEALER AUTHORIZED BY SETUPVPN HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. THIRD PARTY PROGRAMS
To the extent the Software is bundled with third party software programs; these third party software programs are governed by their own license terms, which may include open source or free software licenses. Nothing in this Agreement limits an end user’s rights under, or grants the end user rights that supersede, the terms of any such third party software.
9. CHOICE OF LAW AND VENUE
This Agreement shall be governed by the laws of United States of America, without regard to any conflict of laws provisions. You hereby consent to jurisdiction of the courts of United States of America.
10. COMPLETE AGREEMENT
This Agreement constitutes the entire agreement between the Parties and supersedes all prior or contemporaneous communications, agreements and understandings, written or oral, with respect to the subject matter hereof including without limitation the terms of any party or any purchase order issued in connection with this Agreement. If any provision of this Agreement is held to be unenforceable, that shall not affect the enforceability of the remaining provisions.