End User License Agreement

Last modified: July 26, 2010

Contents

  1. Definitions
  2. General
  3. Usage
  4. Export Controls
  5. Term
    1. Copyright Infringement
  6. Payment Terms and Conditions
    1. Paid Subscribers
    2. One-Time License Holders
    3. Charges
    4. Default Payment Method
    5. Automatic Billing
    6. Software Updates and Upgrades
    7. Other Purchases
    8. Termination
    9. Cancellation
    10. Refunds
  7. Technical support
  8. No Liability for Non-Availability of Service
  9. Miscellaneous
  10. Restricted Rights
  11. General Public License
  12. End User Acknowledgement
  1. Definitions:

    1. "Agreement" means this End User License Agreement.

    2. "End User", "you" or "your" means the consumer.

    3. "Service" means the software and services available through online subscription to StopSign®, including any of its services.

    4. "eAcceleration Corp.", "Provider", "we", "our" or "us" means eAcceleration Corp., a Delaware corporation.

    5. "Free Scan" means a StopSign virus & spyware scan of the user's computer including a report of infections found, at no cost.

    6. "Free Trial" means a limited time use of a StopSign product at no cost.

    7. "Paid eAcceleration Member", "Paid StopSign Member", "Paid Member" or "Paid Subscriber" means a user who receives eAcceleration or StopSign products for a subscription or membership fee.

    8. "Free Trial User" is a user using StopSign products under one or more of the Free Trial programs offered by eAcceleration Corp.

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  2. General:

    1. Free Scan: The Free Scan is a complimentary software tool.

      1. You are not required to purchase any product from eAcceleration if you are a Free Trial User. Free Scan does not include cures for infections found by the scan. Free Scan Users will receive a page at the completion of every scan with information about purchasing.

    2. By accepting this Agreement, Provider grants you a revocable, nonexclusive, nontransferable license to use the Service on the terms and conditions of this Agreement, as amended from time to time.

    3. You may not (a) copy, distribute, rent, lease, sublicense, or transfer all or any portion of the Service or Software; (b) modify or prepare derivative works of the elements comprising the Service or Software; or (c) reverse engineer, decompile or disassemble elements comprising the Service or Software, except and only to the extent that such activity is expressly permitted by law notwithstanding this limitation.

    4. Provider may terminate the Service granted under this Agreement at any time if you fail to comply with any of the terms of this Agreement.

    5. Provider may temporarily suspend any paid Service if you fail to make prompt payment for that Service, and we will resume Service after payment has been received.

    6. Software and Services provided, and associated source code (except for products licensed under the GPL) are proprietary products of eAcceleration or its licensors and are protected by copyright and other intellectual property laws. The Software is licensed and not sold. You acquire only the right to use the Software and do not acquire any rights, express or implied, in the Software other than those specified in this Agreement.

    7. At the time you install the software, you have the option to allow automatic updates to the Service, including virus data files, bug fixes, enhanced features, patches, and version updates. If you choose not to allow the automatic updates, you will need to manually update the Service on a regular basis to ensure that you have up-to-date protection.

    8. While Provider attempts to provide the greatest protection possible, you acknowledge that it is impossible under currently available technology for the Service or any other application to identify and eliminate 100% of all viruses, malware and other harmful programs.

    9. Provider may change the terms and conditions of this Agreement and the Privacy Statement at any time. Your continued use of the Service after any such change constitutes acceptance of any and all changes made to this agreement.

    10. This Agreement shall be governed by and interpreted under the laws of the State of Washington and, as applicable, Federal laws of the United States of America.

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  3. Usage:

    1. Up to three (3) licenses may be purchased on a StopSign account. Licenses associated with an account are authorized for use only within a single family and/or household. Each license authorizes the use of StopSign products on one computer. Customers interested in using the Service for commercial or business purposes can contact eAcceleration Corp for pricing and availability.

    2. This Service is not intended for use by a government End User. This EULA does not apply to government users. User agreements for government users will be created to meet the specific needs of the governmental unit and eAcceleration Corp.

    3. This Service is not intended for use by an End User requiring continuous, error-free, failsafe operation (including without limitation in applications involving nuclear power plants, military applications, aircraft navigational and communications systems, or in medical or other applications essential to maintaining human lives). You represent and warrant that you will not use the Service in such applications.

    4. You may not obtain a Free Trial more frequently than once in any 12-month period.

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  4. Export Controls:

    1. The Service may not be downloaded or exported at any time (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any country to which the United States of America (U.S.) has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. Licensee agrees that the software will not be shipped, transferred, or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions, or regulations. For further information, please visit http://www.treas.gov/offices/enforcement/ofac/

    2. By downloading and using the Service, you certify that:

      1. You are a national or a resident of the U.S. or of any country other than those countries and prohibited persons referred to in 4(a) above;

      2. You take full and sole responsibility for such downloading or such use;

      3. You understand that elements comprising the Service are subject to export controls under the Export Administration Regulations; and

      4. You understand that you cannot export elements comprising this Service without a license or other authorization.

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  5. Term:

    This Agreement is effective upon your acceptance of this Agreement as provided above, and shall remain in effect until terminated as provided herein.

    1. Copyright and Intellectual Property Infringement:

      If you violate copyright or other intellectual property rights protection laws, pertaining to the Service or Software, eAcceleration may terminate your membership subscription.

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  6. Payment Terms and Conditions:

    1. Paid Subscribers:

      When you become a Paid Subscriber, upon request you must provide Provider with accurate and complete billing information which includes legal name, email address, telephone number, mailing address, zip code, non-profit status if applicable, and credit card/billing information. You must also report to Provider all changes to this information within thirty (30) days of the change.

    2. One-Time License Holders:

      The one time license program is no longer available. Previously purchased one time licenses include access to updates and upgrades made available by eAcceleration at no additional fee; only so long as eAcceleration continues to distribute StopSign Internet Security products. From time to time, as certain computer technology becomes obsolete, users may be required to upgrade their operating system and/or hardware if they wish to continue making use of the available updates and upgrades for Stopsign. Technical support services are only available to you free of charge for 1 year from the date of purchase. After that time, one time license holders may purchase technical support services for an additional fee.

    3. Charges:

      You are responsible for any charges to your account. Provider is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeded credit limits, etc.) resulting from charges billed by us.

    4. Default Payment Method:

      If you provide us with bank account information or credit card information to pay for the Service, you agree that such account will become your "default payment method" for your payment plan and all other purchases on our site.

    5. Automatic Billing:

      By the use of the Service and by supplying bank account or credit card information, you agree to authorize "automatic billing" to charge your subscription fees and all subsequent purchases automatically to your default payment method. You may choose another form of payment as your default payment method. You also agree to pay, under the terms of the agreement with that account's issuer, the amounts charged to your account.

    6. Software Updates and Upgrades

      1. Software updates and upgrades include any modification, refinement or enhancement to the Software. Updates and upgrades to the Software are released at the sole discretion of eAcceleration.

      2. Paid Subscribers. eAcceleration will provide you with any relevant updates and upgrades to the Software that we elect to make available during your subscription period. At the end of your current subscription period, Software updates and upgrades may not be available to you and Software (except Software products designated as free) will not function until you have purchased or renewed your subscription. You may renew your subscription so long as we make such renewal available to you.

    7. Other Purchases:

      From time to time, we may offer to you additional products, services, or upgrades to existing products and services through our website. You agree that charges incurred when you agree to purchase such additional products, services or upgrades may also be billed to your existing default payment method, unless you choose an alternate payment method when purchasing the products.

    8. Termination:

      1. Provider may terminate your access to the Service and Account at any time. Upon termination, you will have no right to continue to use the Service. If Provider terminates your account for cause, you will forfeit all fees paid to Provider as of the date of termination.

    9. Cancellation:

      You may request cancellation of your membership by clicking on any "Live Support" icon on an eAcceleration or StopSign web page, or by calling customer support at 1-800-310-3565.

    10. Refunds:

      1. We stand behind our products and services and want our customers to be happy with their decision to use the Service and so we offer a "No-Nonsense" 30-day money back guarantee.

      2. After 30 days, refunds of payments for products or services will be granted solely at our discretion.

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  7. Technical support:

    1. Introduction. StopSign will provide Technical support as set forth in the Terms. A StopSign technical support representative will attempt to provide the technical support by telephone, live chat, or email. StopSign may, at its discretion, modify the features or descriptions of the technical support from time to time.

    2. StopSign will provide the following technical support subject to the Terms.

      • Virus and Spyware Removal with Custom Cure™ technology: StopSign's technical support representative will use Custom Cure™ technology and determine if the computer is infected with spyware or viruses, and remove the infections found on your computer.
      • Other Technical support: Other technical support which may be provided by StopSign technical support staff.

    3. Some computers may not be able to receive the technical support. A high speed internet connection is required. To receive technical support you must log on as administrator and your computer must meet the minimum system requirements as listed at: http://stopsign.com/products/system-requirements/

    4. Commercially Reasonable Effort. StopSign will make every commercially reasonable effort to troubleshoot or fix your computer problem. In the course of providing the technical support, StopSign may determine that the issue is beyond the scope of the StopSign technical support staff. StopSign may use commercially reasonable efforts to refer you to the appropriate alternative resource; however, StopSign will not transfer you directly to an alternate resource. StopSign reserves the right to refuse, suspend or terminate any of the Technical supports in its sole discretion.

    5. Customer Responsibilities. You agree that you are a legal license holder of the software on your computer and your use of the technical support and the internet is solely at your own risk. To receive the technical support, You must confirm that you

      1. have full access to your hardware and software that are the basis of the problem, and

      2. have completed a back-up of any software or data that may be impacted by the technical support. All information that you provide to StopSign must be accurate, including your name and phone number, and if applicable, any credit or charge card numbers, expiration dates or any other payment information provided by you to StopSign. You further represent that you authorize StopSign to bill the credit card that you provide to StopSign, for any charges to which you consent.

    6. Liability Release. StopSign will have no liability for loss of or recovery of data, programs, or loss of use of systems(s) or networks arising out of the technical support or any act or omission, including negligence, by StopSign and/or its representatives. If StopSign works with you on any password or other access control oriented problems, StopSign strongly recommends that you reset such passwords(s) immediately following the completion of the technical support.

    7. No Transfer. The Technical support services are not transferable. You may not use the technical support in connection with a technical support bureau or any other distributing or sharing arrangement, on behalf of any third parties or with respect to any hardware or software not personally owned by You.

    8. Technical support services will be provided for the length of your active membership.

    9. Refund. Any refund will be limited to the amount paid by you.

    10. Missed Appointments. If you schedule an appointment with a StopSign technical support representative on a particular day and time and you do not contact StopSign prior to your appointment to cancel or otherwise reschedule your appointment, your technical support ticket will be put at the back of the support queue and all time-based guarantees of technical support services within a particular time frame from StopSign will be considered null and void.

    11. Payment for technical support services. For purchases of technical support services made by you from StopSign, you agree that StopSign may charge to your credit card or other valid payment mechanism requested by you and approved by StopSign all amounts due and owing to StopSign for the technical support service.

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  8. No Liability for Non-Availability of Service:

    While eAcceleration makes reasonable efforts to ensure that its product suite is available at all times, eAcceleration does not guarantee that its services will be uninterrupted or error-free and eAcceleration does not guarantee that users will be able to access or use all the suite of features at all times.

    YOU EXPRESSLY AGREE THAT YOUR USE OF eACCELERATION SERVICES IS AT YOUR SOLE RISK. eACCELERATION SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICES PROVIDED BY eACCELERATION, SHALL BE CANCELLATION OF YOUR ACCOUNT.

    eACCELERATION, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF eACCELERATION PRODUCTS OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR eACCELERATION USE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, eACCELERATION'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

    eACCELERATION DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH eACCELERATION, AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTIES THROUGH eACCELERATION. YOU HEREBY RELEASE eACCELERATION FROM ANY AND ALL OBLIGATIONS, LIABILITY AND CLAIMS IN EXCESS OF THESE LIABILITY LIMITATIONS.

    BY BECOMING AN eACCELERATION USER, YOU AGREE TO THE EXTENT PERMITTED BY APPLICABLE LAW TO WAIVE ANY CLAIMS YOU MAY HAVE AGAINST eACCELERATION, AND TO HOLD eACCELERATION HARMLESS AND INDEMNIFY eACCELERATION WITH RESPECT TO ANY CLAIMS, RELATING TO ANY ACTION TAKEN BY eACCELERATION AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED.

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  9. Miscellaneous:

    1. The failure of Provider to insist upon or enforce strict performance of this Agreement will not be construed as a waiver of any provision or right hereunder. Neither the course of conduct between you and Provider nor trade practice will act to modify any provision of this Agreement.

    2. If any provision of this Agreement is held to be unenforceable for any reason, that provision will be reformed only to the extent necessary to effect the original intentions of the parties, and the remainder of this Agreement will remain in full force and effect.

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  10. Restricted Rights:

    In the event the United States Government or an agency thereof is an End User, the Service shall be considered "Restricted Computer Software", as defined in the Rights in Data-General clause at Federal Acquisition Regulations ("FAR") 52.227-14. Use, duplication or disclosure of the Service by the Government is subject to RESTRICTED RIGHTS, and shall be limited to the greatest extent possible under DFARS 252.227-7013, FAR 52.227-19 or other applicable government acquisition regulation.

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  11. General Public License:

    Certain eAcceleration products may be licensed separately under the GNU General Public License (GPL). Nothing in this End User Licensing Agreement should be construed to restrict the GPL concerning those specific products. You may review the GPL licensing agreement at http://www.gnu.org/copyleft/gpl.html. For a list of eAcceleration products that are covered by the GPL, visit http://www.stop-sign.com/legal/gpl.php.

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  12. End User Acknowledgement:

    YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS. YOU FURTHER AGREE THAT THIS IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND PROVIDER, AND SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

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