Rapport End User License Agreement
PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING OR INSTALLING THE RAPPORT SOFTWARE (“SOFTWARE”), AND INDICATE YOUR ACCEPTANCE BY CHOOSING “I ACCEPT”. THE SOFTWARE IS COPYRIGHTED AND LICENSED (NOT SOLD). BY CHOOSING “I ACCEPT”, YOU ARE ACCEPTING AND AGREEING TO BE BOUND BY ALL THE TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS LICENSE AGREEMENT, THEN DO NOT INSTALL OR USE THE SOFTWARE AND DESTROY ANY COPY THEREOF IN YOUR POSSESSION. THIS LICENSE AGREEMENT REPRESENTS THE ENTIRE AGREEMENT CONCERNING THE SOFTWARE, BETWEEN YOU AND TRUSTEER LTD. (“LICENSOR”), AND IT SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES.
LICENSE GRANT. Subject to the terms and conditions specified hereunder, Licensor hereby grants to you, and you accept, a personal, nonexclusive, non-transferable, non-sublicensable, fully revocable license to use the Software in machine-readable, object code form only, and the accompanying documentation ("Documentation") only for the purpose of Web browsing.
DISCLAIMER OF WARRANTY The Software is provided on an "AS IS" basis, without warranty of any kind. IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, SATISFACTION AND MERCHANTABILITY SHALL NOT APPLY. YOU HEREBY AGREE AND ACKNOWLEDGE THAT TRUSTEER DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO COMPLIANCE WITH THE DISABILITY DISCRIMINATION ACT 1995 OR ANY SIMILAR LAW. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION. The entire risk as to the quality and performance of the Software is borne by you. This disclaimer of warranty constitutes an essential part of this License Agreement.
LIMITATIONS ON USE.You may not unless expressly stated otherwise by Licensor in writing: (i) modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), make any attempt to discover the source code of the Software or create derivative works based on the Software; (ii) sublicense, rent or lease any portion of the Software; (iii) use the Software to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by Licensor; (iv) use the Software for any fraudulent or inappropriate purpose; or (v) remove any copyright, trademark or other proprietary rights notices contained in or on Software.
INTELLECTUAL PROPERTY. You acknowledge and agree that the Software and the Documentation, including any revisions, corrections, modifications, enhancements and/or upgrades thereto, are Licensor’s property protected under copyright laws and treaties. You further acknowledge and agree that all right, title, and interest in and to the Software, including associated intellectual property rights (including, without limitation, copyrights, trade secrets, trademarks, etc.), evidenced by or embodied in and/or attached/connected/related to the Software (including, without limitation, the code), are and shall remain with Licensor. This License Agreement does not convey to you an interest in or to the Software, but only a limited right of use revocable in accordance with the terms of this License Agreement. Nothing in this License Agreement constitutes a waiver of Licensor’s intellectual property rights under any law.
CONTENT. Licensor disclaims any responsibility or liability for any information, content, communications and/or services received, transmitted or monitored via the Software, including without limitation, their accuracy, completeness and your failure to store or to transmit such content.
YOUR REPRESENTATIONS. You represent and warrant that (a) all of the information provided by you to Licensor by you to use the Software is correct and current; and (b) you have all necessary right, power and authority to enter into this License Agreement and to perform the acts required of you hereunder.
THIRD PARTY SOFTWARE. If the Software contains any software provided by third parties, the restrictions contained in this License Agreement shall apply to all such third party software providers and third party software as if they were Licensor’s and the Software, respectively.
TERMINATION. Without prejudice to any other rights, Licensor may terminate this license upon the breach by you of any term hereof. Upon such termination by Licensor, you agree to destroy, or return to Licensor, the Software and the Documentation and all copies and portions thereof.
LIMITATION OF LIABILITY. Licensor’s cumulative liability to you or any other party for any loss or damages resulting form any claims, demands, or actions arising out of or relating to this License Agreement shall not exceed the license fee paid to Licensor for the use of the Software.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL LICENSOR OR ITS SUPPLIERS OR RESELLERS OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, BUSINESS INTERUPTION, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS INFORMATION, DAMAGES FOR PERSONAL INJURY OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT LICENSOR RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF LICENSOR SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
EXPORT CONTROLS. None of the Software or underlying information or technology may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By downloading or using the Software, you agree to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
MISCELLANEOUS This License Agreement represents the complete agreement concerning this license and may amended only by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This License Agreement shall be construed and governed in accordance with the laws of the State of New York without regard to conflict of laws provisions thereof. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. The competent courts of the State of New York shall have exclusive jurisdictions and venue with respect to any matter related to this License Agreement. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
Privacy Statement and Legal Disclaimer
Privacy Statement for Trusteer, Ltd.
Trusteer, Ltd. ("Trusteer") is keen to protect your privacy as you make use of our website and other services we supply from time to time. We encourage you to read this Privacy Statement to learn of our practices regarding user information and to acknowledge some issues associated with the use of our website and service. This Privacy Statement may change from time to time so please check back periodically. If you are not comfortable with all of the provisions of this Privacy Statement, please do not use Trusteer.
Information Gathering and Dissemination Practices
Our software enables our site to logs your IP addresses, security events generated on your PC, and software errors automatically. This information is used to improve the product and detect new security threats. Some information we collect, including your IP address, is compiled into security advice and reports for our partners. You can choose not to send this information to us by unchecking the relevant checkbox during the installation process or by disabling this option in the Rapport Console once the product is installed on your PC. We do not log any of your browsing activities. We do log attempts to modify, reverse engineer, decompile, disassemble, and terminate the software.
If you choose to contact Support, we separately log your Personal Contact Information. We do not intend to share Personal Contact Information with any of our partners. Only a selected group of our employees have access to our user base records. We will however permit authorized officers of the court access to all our available and relevant information only to comply with valid legal process such as a search warrant, subpoena or court order or to protect our rights and property or other necessary persons in special emergencies when we believe safety is at risk.
Trusteer uses measures to protect the loss, misuse and alteration of any information under our control. We use industry standard processes to protect the confidentiality of your personal information. To protect your data in our internal networks and systems, we use technology such as firewalls, authentication, proxies, monitoring technology, and on-going human tracking of network traffic and load to track potentially abusing activity in our network. We would like you to be aware of the fact that when you send information to us over the Internet the information may travel over systems that are not under our control. Others parties may unlawfully intercept the information that you are sending and try to unlawfully access our databases.
Disclaimer of Warranty
Trusteer makes no representation or warranties, either express or implied by or with respect to anything in this document, and shall not be liable for any implied warranties of merchantability or fitness for a particular purpose or for any indirect special or consequential damages.
No part of this publication may be reproduced, stored in a retrieval system or transmitted, in any form or by any means, photocopying, recording or otherwise, without prior written consent of Trusteer. No patent liability is assumed with respect to the use of the information contained herein. While every precaution has been taken in the preparation of this publication, Trusteer assumes no responsibility for errors or omissions. This publication and features described herein are subject to change without notice.
Contacting the Web Site
If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can send an email to firstname.lastname@example.org.