SecureTrieve – Terms of Use

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SecureTrieve, LLC.

END-USER LICENSE AGREEMENT ("LICENSE")

PLEASE READ CAREFULLY THE FOLLOWING LEGAL AGREEMENT:

Use of the SecureTrieve product is required to enable the SecureTrieve service ("Service") purchased by you, and is conditioned upon acceptance and compliance by you with this license and the attached Terms and Conditions of Service and. By installing, copying or using the SecureTrieve product you will be deemed to have accepted and agreed to be bound by this license and the attached Terms and Conditions of Service,. If you do not agree to accept or be bound by this license or the Terms and Conditions of Service do not install, copy or use the SecureTrieve product and promptly remove the SecureTrieve product and any copies from your computer and return the software.

1. Licensor. This license is being granted by SecureTrieve Corpora tion ("SecureTrieve"), a company incorporated in the State of California.

2. License Grant. SecureTrieve grants to you a non-exclusive, non-transferable right to use this SecureTrieve software including any updates thereto provided to you by SecureTrieve (the "Software"). This license to use the Software includes a sublicense to use included third party software and is conditioned upon your compliance with the terms of this license. You agree you will only copy the Software into a machine-readable or printed form as necessary to use it in accordance with this license or for backup purposes in support of your use of the Software.

3. Term. This license is effective for the term of the service period you have purchased (which cannot exceed five years), unless terminated earlier as provided in this license, and only with respect to those computers covered by the Service. At the completion or early termination, the provisions of sections 5,7,8,9,11,13,14 and 16 of this license will survive and you will destroy the Software and all copies.

4. Termination. This license is terminated automatically at the end of the purchased service term. You may terminate this license at any point by destroying the Software and all copies. SecureTrieve may terminate this license, without notice, if you fail to comply with any term or condition of this license or upon the termination of any Service provided to you by SecureTrieve, its affiliates or authorized service providers in connection with the Software.

5. Ownership of the Software. SecureTrieve or its licensors may have patents or pending patent applications, trademarks, copyrights, trade secret rights or other intellectual property rights covering the Software and all materials delivered to you along with the Software (user manuals and other documentation). You acknowledge that the Software and such materials are the property of SecureTrieve or its licensors and that the only rig hts you have with respect to the Software and related materials is the right to use them in accordance with the terms of this license. The Software is protected by applicable intellectual property laws (patent and copyright) and international treaties. You (a) acknowledge that no title to the intellectual property in the Software is transferred to you, (b) confirm that any copies of the Software you make will contain the same proprietary notices, which appear on and in the Software, and (c) agree that you will not copy the printed materials accompanying the Software.

6. Modification; Reverse Engineering. You agree that you will not, and will not attempt to, (a) modify any part of the Software or (b) decompile, reverse assemble, reverse engineer, translate or disassemble any part of the Software.

7. Other Restrictions. You may not (a) transfer, rent, lease, or sublicense the Software, (b) make any telecommunications data transmission of the Software, or (c) unl ess all CPUs or users are properly individually or site licensed by SecureTrieve, permit use of the Software in a computer service business, network, timesharing, multiple CPU or multiple user arrangement.

8. Software and Monitoring Service Limitations. The Software is provided to you "as is" without warranty of any kind, either express or implied. SecureTrieve or its authorized reseller cannot guarantee that the Software will meet your other requirements or that operation of the Software will be uninterrupted or that the Software will be error-free. While SecureTrieve has made reasonable effort to ensure that the Software works with certain operating systems and application software, SecureTrieve can not check every possible combination of equipment or software available or that is subsequently installed by you. Furthermore, if you have purchased a Service that includes data recovery services, recovery of every computer’s data which uses the Software can not be guar anteed. You bear the entire risk as to the quality and performance of the Software and the related Service.

9. NO OTHER WARRANTY. SECURETRIEVE DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH A CASE, ANY IMPLIED WARRANTIES RELATING TO THE SOFTWARE ARE LIMITED TO 30 DAYS. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.

10. Customer Assistance. If the Software does not conform to the limited warranty set out in section 11 (the "Limited Warranty'), at the option of SecureTrieve, SecureTrieve, or its affiliates will either correct the error or help you work around or avoid the error. SecureTrieve will not have any other obligation to you with respect to the Limited Warranty and you will have no other remedy against SecureTrieve. The Limited Warranty is void if failure of the Software has resulted from accident, abuse or misapplication. Any replacement Software will be warranted for the remainder of the original Limited Warranty period.

11. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. NEITHER SecureTrieve NOR ITS AFFILIATES, , SUPPLIERS OR LICENSORS ARE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR COMPUTER TIME, LOSS OF BUSINESS PROFITS OR BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE DELIVERY, USE OR INABILITY TO USE THE SOFTWARE (INCLUDING THE FAILURE TO RECOVER A LOS T COMPUTER), EVEN IF SecureTrieve OR ITS AFFILIATES, , SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIABILITY OF SecureTrieve AND ITS AFFILIATES, SUPPLIERS AND LICENSORS FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, WILL NOT EXCEED THE LICENSE OR OTHER FEES PAID BY YOU, IF ANY.

12. Export Restrictions. The export or re-export of SecureTrieve is prohibited to persons and organizations on the United States Government's Bureau of Industry and Security's Denied Persons list as well as to the following countries: Afghanistan, Angola, Cuba, Iran, Iraq, Libya, North Korea, Rwanda, Sudan and Syria (this list is subject to change). You hereby certify that the Software is not intended for shipment, either directly or indirectly, to any country in respect of which export restrictions or sanctions have been applied by the government of Canada or the United States.

13. Severability. In the event of the inval idity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license.

14. Governing Law and Jurisdiction. This license is governed by the laws of the State of California, USA.

15. Entire Agreement. This End User License Agreement, along with the Terms and Conditions of Service comprise the entire agreement between you and SecureTrieve, and supersedes any prior agreement or understanding, whether written or oral, relating to the subject matter of this license.

© 2004 SecureTrieve LLC. All rights reserved. SecureTrieve is a trademark of SecureTrieve, LLC.

The following terms and conditions apply only if you have purchased a software service.

Terms and Conditions of Service

The following terms set forth the computer security and tracking service (the "Service") provided by SecureTr ieve LLC ("SecureTrieve"). The Service is performed for the legal owner of a computer who purchased the Service (the "Customer"). The Service will be provided only for the time period purchased, (the "Service Term"), from date of purchase and only for the individual computer registered with SecureTrieve Online.

BY PURCHASING THE SERVICE, THE CUSTOMER IS AWARE THAT:

1. SecureTrieve's obligation to provide the Service is conditional upon the Customer complying with these Terms and Conditions of Service and the SecureTrieve End User License Agreement ("EULA").

2. The Customer is deemed to have read and agreed to these Terms and Conditions of Service by installing and using the SecureTrieve software (the "Software"). This document was provided to the customer with the purchase documentation, and is also available Online at www.securetrieve.com.

3. In order for SecureTrieve to provide the Service, the Customer must install onto their computer the S oftware and activate the Service Online, and connect to the Internet from time to time. To do so, follow the installation guide provided with the Software. Additional installation assistance is available for the Customer by contacting SecureTrieve at www.securetrieve.com.

4. The Software installed on the Customer computer will make automatic communication with a server at SecureTrieve Monitoring server on a regular basis while the computer is connected to the Internet or will use a dialup connection and disclose information that will enable SecureTrieve to perform the Service purchased.

5. It is the Customer's sole responsibility to ensure that the Software remains installed on the computer and that the Software automatically communicates with SecureTrieve Monitoring server on a regular basis, including but not limited to allowing Software access through Customer configured firewalls.

6. The Customer is required to maintain the secrecy of any passwords used to access the service management web site, Online and must keep passwords and other account activation material separate from the protected computer.

7. There are minimum system requirements to run the SecureTrieve Software. Any "IBM" PC that will operate the Microsoft Windows 2000/NT/Me/XP operating systems is compatible.

8. THE SERVICE

8.1. Service and Term. The Service is enabled by a software-based tool for computer security and a data-monitoring server. Monitoring of all computers is provided through Monitoring servers operated by SecureTrieve. The Service Term begins on the date the Service is purchased. SecureTrieve is only obligated to provide the Service during the Service Term. In order to ensure its full functionality, SecureTrieve will periodically make automatic updates to the Software Agent when it communicates with SecureTrieve Monitoring Server. The Customer hereby acknowledges and consents to such periodic updates without th e need for further notification or consent.

8.2. The Software. The Software retains an Electronic Serial Number that uniquely identifies the computer.

When a computer is installed with the Software and connects to the Internet or uses a direct dial-up modem connection, the Software contacts the SecureTrieve Monitoring Server to log in and check for file updates. This message is brief, silent, and requires no prompting by, or interaction with, the Customer.

8.3. Monitoring. SecureTrieve Monitoring server provides a means of monitoring system data status for computers that are installed with the Service. When the Software connects to the Monitoring server over the Internet, SecureTrieve monitoring server logs the connection and updates data status.. Computers installed with the Service must log into the SecureTrieve Monitoring Center on a regular basis in order to e xchange the data required for SecureTrieve to provide the Service and to provide software updates.

8.4. Customer Center. All information provided by the Software is archived, kept confidential, stored within a physically secure location, and accessed/used by SecureTrieve solely as required in the performance of the Service. Customers are able to access the account details of their computer, online, 24 hours a day, seven days a week, through a secure socket layer, password-protected website ("Customer Center"). SecureTrieve will comply with applicable United State's privacy laws in the handling of the information provided by the Software. SecureTrieve's Privacy Policy is available Online and is incorporated into this Agreement by reference. SecureTrieve reserves the right to modify its Privacy Policy at any time without notice.

8.5. Data Recovery Service. The computer Data Recovery Service is provided by SecureTrieve. The Data Recovery Service begins if and when a Customer properly contacts SecureTrieve Support at www. SecureTrieve.com. SecureTrieve's support team will follow the audit trail logged by the Monitoring server and use reasonable efforts to locate the missing computer’s data. SecureTrieve does not warrant that it will be able to recover the data of every computer that uses the Software. The Customer will be informed of the status of their computer's data recovery, primarily through e-mail communication to their designated e-mail address.

9. Technical Support. Technical Support is for Customers Only. SecureTrieve will work with and provide either phone based or electronic technical support to the Customer during the Service Term.

Hours of Operation. SecureTrieve provides technical support for Customers exclusively in the English language, from 8:00 am to 6:00 pm Pacific Time, Monday through Friday, excluding statu tory holidays. Technical support can be reached at 1-888-830-1348 Ext 3, or at support@securetrieve.com. The Customer may also receive support information Online. SecureTrieve reserves the right to modify these support terms at any time without notice to the Customer.

10. CANCELLATION AND/OR TRANSFER RIGHTS

10.1. SecureTrieve reserves the right to cancel this Agreement, or any Service, at any time, with or without cause, immediately upon electronic notification to the Customer at the last email address provided by Customer. SecureTrieve will refund a pro-rated portion of the purchase price to account for the unused Service Term.

10.2. The Customer may transfer the Software and Service to another computer only by contacting SecureTrieve, and by providing written notification to SecureTrieve at support@securetrieve.com and only under the following circumstances:

a. If a new computer was provided by the computer manufacturer or distributor as a rep lacement to the original computer; or

b. If the Customer has retired the Software on the original computer on which the Service was applied, and wishes to transfer it to another computer owned by the Customer.

10.3. The Customer may not transfer this Agreement, or any Service, at any time, to another person, or subsequent owner of the Customer Computer. Prior to the Customer's sale or transfer of the Customer Computer to another owner, Customer must complete the process to remove the Software from the Customer Computer and transfer it to a new computer owned by Customer in accordance with section 3.2) b. above.

11. Limitations and Warranties. SecureTrieve and its affiliates do not guarantee that operation of the Software will be uninterrupted or error-free, nor does it guarantee that will be able to recover every computer which uses the Software. SecureTrieve disclaims all warranties with respect to the Software and the Service, either express or impl ied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. If your jurisdiction does not allow the exclusion of or other limitations on implied warranties, any implied warranty relating to the Software is limited to 30 days. SecureTrieve is not liable to you for any consequential, special, incidental or indirect damages whatsoever, including, without limitation, damages for loss of data or computer time, loss of business profits or business interruption, loss of business information or any other pecuniary loss.

12. Governing Law and Jurisdiction. This Service is governed by the laws of the State of California, United States. The Customer irrevocably and exclusively commits that any dispute in respect of this Service will be commenced and heard only in the courts of California.

13. Consumer Protection Laws. This is a contract to which consumer protection laws in the Customer's jurisdiction may apply. Under suc h laws, the Customer may have the right to cancel this contract after receiving a copy of this contract by giving SecureTrieve notice of cancellation within the period of time as prescribed in such laws. It may not be necessary to give a reason for the cancellation. The Customer can send a notice of cancellation to the following electronic mail address - techsupport@securetrieve.com - or by some other method, such as certified mail, fax, electronic mail or personal delivery that will allow the Customer to prove that they gave notice. If the Customer sends the notice of cancellation by mail, fax or electronic mail, it may not matter if SecureTrieve receives the notice after the prescribed period provided that the Customer sent it within the prescribed period. In addition to the above right, in some jurisdictions and in certain limited cases the Customer may, on notice to SecureTrieve, also be able to terminate this agreement at any time during the Service Term. In such a case , the Customer may receive a full or partial refund of the subscription price paid for the balance of the unused Service Term.

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	No obligation! For as little as $1.39/month Home Products How It Works Who Benefits About Us Valued Partners Press & News Help Read More...		SecureTrieve, LLC. END-USER LICENSE AGREEMENT ("LICENSE") PLEASE READ CAREFULLY THE FOLLOWING LEGAL AGREEMENT: Use of the SecureTrieve product is required to enable the SecureTrieve service ("Service") purchased by you, and is conditioned upon acceptance and compliance by you with this license and the attached Terms and Conditions of Service and. By installing, copying or using the SecureTrieve product you will be deemed to have accepted and agreed to be bound by this license and the attached Terms and Conditions of Service,. If you do not agree to accept or be bound by this license or the Terms and Conditions of Service do not install, copy or use the SecureTrieve product and promptly remove the SecureTrieve product and any copies from your computer and return the software. 1. Licensor. This license is being granted by SecureTrieve Corpora tion ("SecureTrieve"), a company incorporated in the State of California. 2. License Grant. SecureTrieve grants to you a non-exclusive, non-transferable right to use this SecureTrieve software including any updates thereto provided to you by SecureTrieve (the "Software"). This license to use the Software includes a sublicense to use included third party software and is conditioned upon your compliance with the terms of this license. You agree you will only copy the Software into a machine-readable or printed form as necessary to use it in accordance with this license or for backup purposes in support of your use of the Software. 3. Term. This license is effective for the term of the service period you have purchased (which cannot exceed five years), unless terminated earlier as provided in this license, and only with respect to those computers covered by the Service. At the completion or early termination, the provisions of sections 5,7,8,9,11,13,14 and 16 of this license will survive and you will destroy the Software and all copies. 4. Termination. This license is terminated automatically at the end of the purchased service term. You may terminate this license at any point by destroying the Software and all copies. SecureTrieve may terminate this license, without notice, if you fail to comply with any term or condition of this license or upon the termination of any Service provided to you by SecureTrieve, its affiliates or authorized service providers in connection with the Software. 5. Ownership of the Software. SecureTrieve or its licensors may have patents or pending patent applications, trademarks, copyrights, trade secret rights or other intellectual property rights covering the Software and all materials delivered to you along with the Software (user manuals and other documentation). You acknowledge that the Software and such materials are the property of SecureTrieve or its licensors and that the only rig hts you have with respect to the Software and related materials is the right to use them in accordance with the terms of this license. The Software is protected by applicable intellectual property laws (patent and copyright) and international treaties. You (a) acknowledge that no title to the intellectual property in the Software is transferred to you, (b) confirm that any copies of the Software you make will contain the same proprietary notices, which appear on and in the Software, and (c) agree that you will not copy the printed materials accompanying the Software. 6. Modification; Reverse Engineering. You agree that you will not, and will not attempt to, (a) modify any part of the Software or (b) decompile, reverse assemble, reverse engineer, translate or disassemble any part of the Software. 7. Other Restrictions. You may not (a) transfer, rent, lease, or sublicense the Software, (b) make any telecommunications data transmission of the Software, or (c) unl ess all CPUs or users are properly individually or site licensed by SecureTrieve, permit use of the Software in a computer service business, network, timesharing, multiple CPU or multiple user arrangement. 8. Software and Monitoring Service Limitations. The Software is provided to you "as is" without warranty of any kind, either express or implied. SecureTrieve or its authorized reseller cannot guarantee that the Software will meet your other requirements or that operation of the Software will be uninterrupted or that the Software will be error-free. While SecureTrieve has made reasonable effort to ensure that the Software works with certain operating systems and application software, SecureTrieve can not check every possible combination of equipment or software available or that is subsequently installed by you. Furthermore, if you have purchased a Service that includes data recovery services, recovery of every computer’s data which uses the Software can not be guar anteed. You bear the entire risk as to the quality and performance of the Software and the related Service. 9. NO OTHER WARRANTY. SECURETRIEVE DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH A CASE, ANY IMPLIED WARRANTIES RELATING TO THE SOFTWARE ARE LIMITED TO 30 DAYS. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. 10. Customer Assistance. If the Software does not conform to the limited warranty set out in section 11 (the "Limited Warranty'), at the option of SecureTrieve, SecureTrieve, or its affiliates will either correct the error or help you work around or avoid the error. SecureTrieve will not have any other obligation to you with respect to the Limited Warranty and you will have no other remedy against SecureTrieve. The Limited Warranty is void if failure of the Software has resulted from accident, abuse or misapplication. Any replacement Software will be warranted for the remainder of the original Limited Warranty period. 11. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. NEITHER SecureTrieve NOR ITS AFFILIATES, , SUPPLIERS OR LICENSORS ARE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR COMPUTER TIME, LOSS OF BUSINESS PROFITS OR BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE DELIVERY, USE OR INABILITY TO USE THE SOFTWARE (INCLUDING THE FAILURE TO RECOVER A LOS T COMPUTER), EVEN IF SecureTrieve OR ITS AFFILIATES, , SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIABILITY OF SecureTrieve AND ITS AFFILIATES, SUPPLIERS AND LICENSORS FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, WILL NOT EXCEED THE LICENSE OR OTHER FEES PAID BY YOU, IF ANY. 12. Export Restrictions. The export or re-export of SecureTrieve is prohibited to persons and organizations on the United States Government's Bureau of Industry and Security's Denied Persons list as well as to the following countries: Afghanistan, Angola, Cuba, Iran, Iraq, Libya, North Korea, Rwanda, Sudan and Syria (this list is subject to change). You hereby certify that the Software is not intended for shipment, either directly or indirectly, to any country in respect of which export restrictions or sanctions have been applied by the government of Canada or the United States. 13. Severability. In the event of the inval idity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license. 14. Governing Law and Jurisdiction. This license is governed by the laws of the State of California, USA. 15. Entire Agreement. This End User License Agreement, along with the Terms and Conditions of Service comprise the entire agreement between you and SecureTrieve, and supersedes any prior agreement or understanding, whether written or oral, relating to the subject matter of this license. © 2004 SecureTrieve LLC. All rights reserved. SecureTrieve is a trademark of SecureTrieve, LLC. The following terms and conditions apply only if you have purchased a software service. Terms and Conditions of Service The following terms set forth the computer security and tracking service (the "Service") provided by SecureTr ieve LLC ("SecureTrieve"). The Service is performed for the legal owner of a computer who purchased the Service (the "Customer"). The Service will be provided only for the time period purchased, (the "Service Term"), from date of purchase and only for the individual computer registered with SecureTrieve Online. BY PURCHASING THE SERVICE, THE CUSTOMER IS AWARE THAT: 1. SecureTrieve's obligation to provide the Service is conditional upon the Customer complying with these Terms and Conditions of Service and the SecureTrieve End User License Agreement ("EULA"). 2. The Customer is deemed to have read and agreed to these Terms and Conditions of Service by installing and using the SecureTrieve software (the "Software"). This document was provided to the customer with the purchase documentation, and is also available Online at www.securetrieve.com. 3. In order for SecureTrieve to provide the Service, the Customer must install onto their computer the S oftware and activate the Service Online, and connect to the Internet from time to time. To do so, follow the installation guide provided with the Software. Additional installation assistance is available for the Customer by contacting SecureTrieve at www.securetrieve.com. 4. The Software installed on the Customer computer will make automatic communication with a server at SecureTrieve Monitoring server on a regular basis while the computer is connected to the Internet or will use a dialup connection and disclose information that will enable SecureTrieve to perform the Service purchased. 5. It is the Customer's sole responsibility to ensure that the Software remains installed on the computer and that the Software automatically communicates with SecureTrieve Monitoring server on a regular basis, including but not limited to allowing Software access through Customer configured firewalls. 6. The Customer is required to maintain the secrecy of any passwords used to access the service management web site, Online and must keep passwords and other account activation material separate from the protected computer. 7. There are minimum system requirements to run the SecureTrieve Software. Any "IBM" PC that will operate the Microsoft Windows 2000/NT/Me/XP operating systems is compatible. 8. THE SERVICE 8.1. Service and Term. The Service is enabled by a software-based tool for computer security and a data-monitoring server. Monitoring of all computers is provided through Monitoring servers operated by SecureTrieve. The Service Term begins on the date the Service is purchased. SecureTrieve is only obligated to provide the Service during the Service Term. In order to ensure its full functionality, SecureTrieve will periodically make automatic updates to the Software Agent when it communicates with SecureTrieve Monitoring Server. The Customer hereby acknowledges and consents to such periodic updates without th e need for further notification or consent. 8.2. The Software. The Software retains an Electronic Serial Number that uniquely identifies the computer. When a computer is installed with the Software and connects to the Internet or uses a direct dial-up modem connection, the Software contacts the SecureTrieve Monitoring Server to log in and check for file updates. This message is brief, silent, and requires no prompting by, or interaction with, the Customer. 8.3. Monitoring. SecureTrieve Monitoring server provides a means of monitoring system data status for computers that are installed with the Service. When the Software connects to the Monitoring server over the Internet, SecureTrieve monitoring server logs the connection and updates data status.. Computers installed with the Service must log into the SecureTrieve Monitoring Center on a regular basis in order to e xchange the data required for SecureTrieve to provide the Service and to provide software updates. 8.4. Customer Center. All information provided by the Software is archived, kept confidential, stored within a physically secure location, and accessed/used by SecureTrieve solely as required in the performance of the Service. Customers are able to access the account details of their computer, online, 24 hours a day, seven days a week, through a secure socket layer, password-protected website ("Customer Center"). SecureTrieve will comply with applicable United State's privacy laws in the handling of the information provided by the Software. SecureTrieve's Privacy Policy is available Online and is incorporated into this Agreement by reference. SecureTrieve reserves the right to modify its Privacy Policy at any time without notice. 8.5. Data Recovery Service. The computer Data Recovery Service is provided by SecureTrieve. The Data Recovery Service begins if and when a Customer properly contacts SecureTrieve Support at www. SecureTrieve.com. SecureTrieve's support team will follow the audit trail logged by the Monitoring server and use reasonable efforts to locate the missing computer’s data. SecureTrieve does not warrant that it will be able to recover the data of every computer that uses the Software. The Customer will be informed of the status of their computer's data recovery, primarily through e-mail communication to their designated e-mail address. 9. Technical Support. Technical Support is for Customers Only. SecureTrieve will work with and provide either phone based or electronic technical support to the Customer during the Service Term. Hours of Operation. SecureTrieve provides technical support for Customers exclusively in the English language, from 8:00 am to 6:00 pm Pacific Time, Monday through Friday, excluding statu tory holidays. Technical support can be reached at 1-888-830-1348 Ext 3, or at support@securetrieve.com. The Customer may also receive support information Online. SecureTrieve reserves the right to modify these support terms at any time without notice to the Customer. 10. CANCELLATION AND/OR TRANSFER RIGHTS 10.1. SecureTrieve reserves the right to cancel this Agreement, or any Service, at any time, with or without cause, immediately upon electronic notification to the Customer at the last email address provided by Customer. SecureTrieve will refund a pro-rated portion of the purchase price to account for the unused Service Term. 10.2. The Customer may transfer the Software and Service to another computer only by contacting SecureTrieve, and by providing written notification to SecureTrieve at support@securetrieve.com and only under the following circumstances: a. If a new computer was provided by the computer manufacturer or distributor as a rep lacement to the original computer; or b. If the Customer has retired the Software on the original computer on which the Service was applied, and wishes to transfer it to another computer owned by the Customer. 10.3. The Customer may not transfer this Agreement, or any Service, at any time, to another person, or subsequent owner of the Customer Computer. Prior to the Customer's sale or transfer of the Customer Computer to another owner, Customer must complete the process to remove the Software from the Customer Computer and transfer it to a new computer owned by Customer in accordance with section 3.2) b. above. 11. Limitations and Warranties. SecureTrieve and its affiliates do not guarantee that operation of the Software will be uninterrupted or error-free, nor does it guarantee that will be able to recover every computer which uses the Software. SecureTrieve disclaims all warranties with respect to the Software and the Service, either express or impl ied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. If your jurisdiction does not allow the exclusion of or other limitations on implied warranties, any implied warranty relating to the Software is limited to 30 days. SecureTrieve is not liable to you for any consequential, special, incidental or indirect damages whatsoever, including, without limitation, damages for loss of data or computer time, loss of business profits or business interruption, loss of business information or any other pecuniary loss. 12. Governing Law and Jurisdiction. This Service is governed by the laws of the State of California, United States. The Customer irrevocably and exclusively commits that any dispute in respect of this Service will be commenced and heard only in the courts of California. 13. Consumer Protection Laws. This is a contract to which consumer protection laws in the Customer's jurisdiction may apply. Under suc h laws, the Customer may have the right to cancel this contract after receiving a copy of this contract by giving SecureTrieve notice of cancellation within the period of time as prescribed in such laws. It may not be necessary to give a reason for the cancellation. The Customer can send a notice of cancellation to the following electronic mail address - techsupport@securetrieve.com - or by some other method, such as certified mail, fax, electronic mail or personal delivery that will allow the Customer to prove that they gave notice. If the Customer sends the notice of cancellation by mail, fax or electronic mail, it may not matter if SecureTrieve receives the notice after the prescribed period provided that the Customer sent it within the prescribed period. In addition to the above right, in some jurisdictions and in certain limited cases the Customer may, on notice to SecureTrieve, also be able to terminate this agreement at any time during the Service Term. In such a case , the Customer may receive a full or partial refund of the subscription price paid for the balance of the unused Service Term.

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