FREEWARE LICENSE AGREEMENT

IMPORTANT-READ CAREFULLY: This Software End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Robert Newhall (thesecurityguide.com) for all SOFTWARE and ELECTRONIC DOCUMENTS produced by Robert Newhall or hosted on thesecurityguide.com web site, which includes any associated SOFTWARE components, any media, any printed materials, and any "online" or electronic documents herinafter referred to as "SOFTWARE". By downloading, installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not download, install or use the SOFTWARE.


1. The SOFTWARE is licensed, not sold.

     1.1 The SOFTWARE are released as "Freeware". This means that you can use them for as long as you like and on an unlimited number of computers.

     1.2 The SOFTWARE are freeware for non-commercial use. If you are using the SOFTWARE for commercial purpose, you must obtain the express written consent of Robert Newhall.


2. GRANT OF LICENSE

The right for User to use the Software pursuant to the terms and conditions defined herein. The absence of a license fee shall in no way be an indication of a willingness or desire on the part of Robert Newhall to place the Software in the public domain. Robert Newhall intends to retain, and does retain, all intellectual property and ownership rights in the SOFTWARE.


3. ACCEPTANCE OF TERMS
 
   3.1 This agreement shall be accepted by User upon User’s performance of any of the following acts:
       
     a. Installation, copying, or use of the SOFTWARE on one or more of User’s computers;
     b. Retention of any version of the SOFTWARE for more than fifteen (15) days; or
     c. Any other act not consistent with non-acceptance of the terms and conditions recited herein.

   3.2 If User does not accept the terms and conditions recited herein, User shall delete, return, and/or discard any files, data, or materials associated with the SOFTWARE.
       
   3.3 If User has a License Agreement executed by Robert Newhall (and “Executed Agreement”) containing one or more terms and conditions which are inconsistent with the terms and conditions contained in this agreement, then to the extent necessary, the terms and conditions of the Executed Agreement shall supersede this license agreement.


4. DISTRIBUTION

You are hereby licensed to make copies of the SOFTWARE as you wish. You are NOT allowed to distribute the SOFTWARE by any means (Internet, BBS's, Shareware distribution libraries, CD-ROMs, etc.).

   (a) Distribution on the Internet

       Direct link (Hot link) is NOT allowed to any of the files on thesecurityguide.com web site. If a site is discovered trying to establish a direct link to any of the SOFTWARE, the site will be blocked from accessing thesecurityguide.com. A general link to the securityguide.com home page is allowed.
       
       You are not allowed to post or distribute any of the SOFTWARE on the Internet.


5. RESTRICTIONS

You may not reverse engineer, decompile, or disassemble the SOFTWARE. You may not rent, lease, or lend the SOFTWARE. You may not use the SOFTWARE to perform any unauthorized transfer of information (e.g. transfer of files in violation of a copyright) or for any illegal purpose.


6. SUPPORT SERVICES

Robert Newhall or thesecurityguide.com web site does not provide any support services related to the SOFTWARE.

     (a) BUG REPORTS, SUGGESTIONS
     
You are encouraged to send bug reports and suggestions. The SOFTWARE are not supported as you see above. Hence, your technical questions may or may not be answered. Questions, bug reports, comments and suggestions should all be sent to ** thesecurityguide(at)gmail(dot)com **, or posted on the forum when it is available.


7. TERMINATION

Without prejudice to any other rights, Robert Newhall may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE.


8. COPYRIGHT

The SOFTWARE is protected by copyright laws and international treaty provisions. You acknowledge that no title to the intellectual property in the SOFTWARE is transferred to you. You further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of Robert Newhall and you will not acquire any rights to the SOFTWARE except as expressly set forth in this license. You agree that any copies of the SOFTWARE will contain the same proprietary notices which appear on and in the SOFTWARE.


9. DISCLAIMER OF WARRANTY

The software and related documentation are provided "as is", without warranty of any kind. Robert Newhall disclaims all warranties, express or implied, including, but not limited to, the implied warranties of design, merchantability, fitness for a particular purpose. Robert Newhall does not warrant that the functions contained in the software or documentation will meet User’s requirements, or that the operation of the SOFTWARE will be error-free, complete, or that defects in the software or documentation will be corrected.


10. LIMITATION OF LIABILITY

Under no circumstances shall Robert Newhall, nor any other person or entity involved in the creation, production, or delivery of the SOFTWARE be liable for any lost revenue or profits or any incidental, indirect, special, punitive, or consequential damages that result from the use or inability to use the Software or related products or documentation, even if Robert Newhall has been advised of the 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. In no event shall Robert Newhall's total liability to User for all damages, losses, and causes of action, whether in contract, tort or otherwise, exceed the amount paid for the SOFTWARE, including media fees.


11. GENERAL TERMS

   11.1. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between User and Robert Newhall in regard to the subject matter herein, and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between the parties. No amendment of this Agreement shall be effective unless in writing and signed by duly authorized representatives of both parties.
       
   11.2. NON-WAIVER. Waiver by Robert Newhall of any violation of any provision of this License shall not be deemed to waive any further or future violation of the same or any other provision.
       
   11.3. LAW AND JURISDICTION. This License and any dispute relating to the Software or to this License shall be governed by the laws of the United States and the laws of the State of Texas, without regard to U.S. or Texas choice of law rules. User agrees and consents that jurisdiction and proper venue for all claims, actions and proceedings of any kind relating to Robert Newhall or the matters in this License shall be exclusively in courts located in Denton, Texas. If a court with the necessary subject matter jurisdiction over a given matter cannot be found in Denton, then jurisdiction for that matter shall be exclusively in a court with the proper jurisdiction as close to Denton as possible, and within Texas if possible.
       
   11.4. SEVERABILITY. If any part or provision of this License is held to be unenforceable for any purpose, including but not limited to public policy grounds, then both parties agree that the remainder of the License shall be fully enforceable as if the unenforceable part or provision never existed.
       
   11.5. NON-ASSIGNMENT. User may not assign this License without the prior written consent of Robert Newhall, except, where User is a commercial entity, as part of a sale of all or substantially all of the assets of User’s business.
       
   11.6. NO THIRD PARTY BENEFICIARIES. There are no third party beneficiaries of any promises, obligations or representations made by Robert Newhall herein.
       
   11.7. HEIRS AND ASSIGNS. This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto, but nothing in this paragraph shall be construed as a consent by Robert Newhall to any assignment of this agreement except as provided hereinabove.


12. MISCELLANEOUS

Should you have any questions concerning this EULA, or if you desire to contact RNEWHALL for any reason, please contact by electronic mail at: thesecurityguide(at)gmail(dot)com