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USE AGREEMENT
All KEYKatcher hardware is subject to this use agreement.
HEREAFTER, DEVICE will refer to the KEYKatcher keystroke recording
device that accompanies this use agreement.
HEREAFTER, FIRMWARE will refer to the program memory contents of the
KEYKatcher keystroke recording device that accompanies this use
agreement.
LEGAL DISCLAIMER
PLEASE READ THE ATTACHED LEGAL INFORMATION CAREFULLY BEFORE USING THIS
DEVICE. BY USING THIS DEVICE, YOU ARE CONSENTING TO BE BOUND BY AND ARE
BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE
TERMS OF THIS AGREEMENT, DO NOT USE THE DEVICE. (IF APPLICABLE, YOU MAY
RETURN THE PRODUCT TO THE PLACE OF PURCHASE FOR A FULL REFUND.)
You take on full responsibility for your actions once you purchase or
use this device and no one at Allen Concepts, Inc., will be held
responsible or liable in any way. As with many things in the world, if
this device is used responsibly and not abused, it is completely legal.
If you fail to use the device as instructed, in a manner in which may be
illegal you agree to take full responsibility of your actions. Using the
KEYKatcher in any other way than it is intended may be illegal and it is
the complete responsibility of the buyer to check federal, state, and
local laws to verify if use is legal. Below are some guidelines you must
follow to use this device.
1. You CANNOT install this device on any computer without first
obtaining permission from everybody who uses that computer. 2. You may
not use this device to retrieve confidential information from any
person, business, or government agency without written permission from
the owner of the computer you wish to use this device on. 3. The
KEYKatcher was designed for parents or adults (18 and older) to watch
what someone else is doing with permission. This is useful for parents
who wish to monitor what their children are doing online without having
to be in the same room, or for a person to detect and monitor
unauthorized use of their computer.
LIMITATIONS ON USE.
With respect to the device, you may not:
(A) make any attempts to defeat the code protection which is in place on
the internal microcontroller;
(B) make any attempts to read the program contents of the internal
microcontroller;
(C) cut open the casing around the device;
(D) Use the device with intent to cause damage or interfere with the
operation of any computer.
(E) Use the device to violate the privacy rights of any other party.
(F) Use the device to obtain information that may later be used for the
purposes of any other unauthorized or illegal acts.
With respect to the device, you may:
(A) Monitor activities on a computer, as far as it does not violate the
privacy rights of any other party.
LIMITED WARRANTY FOR DEVICE.
Allen Concepts, Inc. ("ACI"), warrants that for a period of ninety (90)
days from the date of original purchase, the device, if operated as
directed, will substantially achieve the functionality described in the
Documentation. ACI does not warrant, however, that your use of the
device will be uninterrupted or that the operation of the device will be
error-free or secure. In addition, the security mechanisms implemented
by the device have inherent limitations, and you must determine that the
device sufficiently meets your requirements.
ACI also warrants that the device, if provided by ACI, is free from
defects in material and workmanship and will so remain for ninety (90)
days from the date of original purchase of the device. ACI's sole
liability for any breach of this warranty shall be, in ACI's sole
discretion: (i) to repair or replace your device; or (ii) to advise you
how to achieve substantially the same functionality with the device as
described in the Documentation through a procedure different from that
set forth in the Documentation. Repaired, corrected, or replaced device
and Documentation shall be covered by this limited warranty for the
period remaining under the warranty that covered the original device, or
if longer, for thirty (30) days after the date (a) of delivery to you of
the repaired or replaced device, or (b) ACI advised you how to operate
the device so as to achieve substantially the same functionality
described in the Documentation.
Only if you inform ACI of your problem with the device during the
applicable warranty period and provide evidence of the date the device
was originally purchased, will ACI be obligated to honor this warranty.
ACI will use reasonable commercial efforts to repair, replace, advise
or, for individual consumers, refund pursuant to the foregoing warranty
within thirty (30) days of being so notified.
If you make any modifications to the device during the warranty period;
if the device is subjected to accident, abuse, or improper use; or if
you violate the terms of this Agreement, then this warranty shall
immediately terminate. This warranty shall not apply if the device is
used on or in conjunction with hardware or software other than the
unmodified version of hardware and software with which the device was
intended to be used as described in the Documentation.
THIS IS A LIMITED WARRANTY, AND IT IS THE ONLY WARRANTY MADE BY ACI OR
ITS SUPPLIERS. ACI MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD PARTIES' RIGHTS. YOU
MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, TO THE FULL EXTENT PERMITTED
BY LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL
BE LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD. MOREOVER, IN NO EVENT
WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLYUNLESS THEY ARE REQUIRED
TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. NO
DEALER, AGENT, OR EMPLOYEE OF ACI IS AUTHORIZED TO MAKE ANY
MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS LIMITED WARRANTY.
TITLE.
Intellectual property rights of the device and firmware shall remain
with the creator. You acknowledge such ownership and intellectual
property rights and will not take any action to jeopardize, limit or
interfere in any manner with ACI' rights with respect to the device. The
devices are protected by copyright and other intellectual property laws
and by international treaties. Title and related rights in the content
accessed through the device is the property of the applicable content
owner and is protected by applicable law. This Agreement gives you no
rights to such content.
TERMINATION.
This Agreement and the license granted hereunder will terminate
automatically if you fail to comply with the limitations described
herein. Your obligations to pay accrued charges and fees shall survive
any termination of this Agreement.
EXPORT CONTROLS.
None of the device or underlying information or technology may be
downloaded or otherwise exported or re-exported (i) into (or to a
national or resident of) Cuba, Iraq, Libya, Sudan, 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 using the device, you are agreeing to the foregoing and you
are representing and warranting that you are not located in, under the
control of, or a national or resident of any such country or on any such
list. In addition, you are responsible for complying with any federal,
state, or local laws in your jurisdiction which may impact your right to
import, export or use the device, and you represent that you have
complied with any regulations or registration procedures required by
applicable law to make this license enforceable.
If the device is identified as a not-for-export product (for example, on
the packaging, or in the operating manual), then, unless you have an
exemption from the United States Department of State, the following
applies: EXCEPT FOR EXPORT TO CANADA FOR USE IN CANADA BY CANADIAN
CITIZENS, THE SOFTWARE AND ANY UNDERLYING TECHNOLOGY MAY NOT BE EXPORTED
OUTSIDE THE UNITED STATES OR TO ANY FOREIGN ENTITY OR "FOREIGN PERSON"
AS DEFINED BY U.S. GOVERNMENT REGULATIONS, INCLUDING WITHOUT LIMITATION,
ANYONE WHO IS NOT A CITIZEN, NATIONAL OR LAWFUL PERMANENT RESIDENT OF
THE UNITED STATES. BY DOWNLOADING OR USING THE SOFTWARE, YOU ARE
AGREEING TO THE FOREGOING AND YOU ARE WARRANTING THAT YOU ARE NOT A
"FOREIGN PERSON" OR UNDER THE CONTROL OF A "FOREIGN PERSON."
LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT,
CONTRACT, OR OTHERWISE, SHALL ACI OR ITS SUPPLIERS OR RESELLERS BE
LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO
EVENT WILL ACI BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT ACI
RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF ACI SHALL HAVE
BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY
ANY THIRD PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO
LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM ACI'S NEGLIGENCE
TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO
YOU.
MISCELLANEOUS.
This Agreement represents the complete agreement concerning the license
granted hereunder and may be amended only by a writing executed by both
parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY
MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT
THOSE IN YOUR PURCHASE ORDER. 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. Unless otherwise agreed in writing,
all disputes relating to this Agreement (excepting any dispute relating
to intellectual property rights) shall be subject to final and binding
arbitration in Phoenix, Arizona, under the auspices of American
Arbitration Association, with the losing party paying all costs of
arbitration. Arizona law shall govern this Agreement, excluding conflict
of law provisions (except to the extent applicable law, if any, provides
otherwise). The application of the United Nations Convention on
Contracts for the International Sale of Goods is expressly excluded.
ACI - DISCLAIMER OF LIABILITY
ACI, its principals or its officers or employees are not liable to the
users of this device or information or to its listed participants for
the content, quality, performance or any other aspect of any information
provided by the listed participants and transmitted by this device or
for any errors in the transmission of said information. Nor is ACI, its
principals or its officers or employees responsible to any person for
any damages arising in any manner out of the use of this device. The
users and participants acknowledge that they assume all risk and/or
responsibility for any loss or damage arising from the uses to which
this device is put. Indemnification: The user and/or the listed
participant shall indemnify and hold harmless ACI Inc., its licensor and
predecessor, and their collective principals, officers and employees,
from and against any claims, liabilities, losses, costs, damages or
expenses (including attorney's fees) arising from the user's use of or
participation in this device or the information contained thereon.
TRADEMARK NOTICE
KEYKatcher and the KEYKatcher logo are the trademarks and of Allen
Concepts, Inc. All other trademarks and logos used in these documents
are the trademarks or service marks of their respective owners.
COPYRIGHT INFORMATION / USER RIGHTS
As a user, you are authorized only to view, copy, print and distribute
documents on this device so long as (1) the document is used for
informational purposes only; and (2) any copy of the document (or
portion thereof) includes the following copyright notice: (c)2000, Allen
Concepts, Inc. All Rights Reserved.
USE OF THE KEYSTROKE RECORDING DEVICE
YOU UNDERSTAND THAT THIS DEVICE MAY CONTAIN A UNIQUE SERIAL NUMBER. A
UNIQUE SERIAL NUMBER MAY BE ELECTRONICALLY STORED IN THE DEVICE TO AID
LAW ENFORCEMENT OFFICIALS IN THE INVESTIGATION OF ANY ILLEGAL ACTS WHICH
MAY BE COMMITTED WITH THIS DEVICE. YOU FURTHER UNDERSTAND THAT ACI WILL
ASSIST LAW ENFORCEMENT OFFICIALS BY PROVIDING SERIAL NUMBER AND SALES
INFORMATION AS NECESSARY IN THE COURSE OF THE INVESTIGATION. YOU FURTHER
UNDERSTAND THAT ACI MAY REQUEST THE ASSISTANCE OF ITS
DISTRIBUTORS/CUSTOMERS IN PROVIDING INFORMATION RELATING TO THE SERIAL
NUMBERS OF SUCH DEVICE(S).
YOU UNDERSTAND THAT THIS DEVICE MAY NOT BE USED IN SITUATIONS THAT WOULD
VIOLATE THE PRIVACY OF ANY PARTY. PRIVACY LAWS VARY FROM STATE TO STATE,
AND IT IS THE RESPONSIBILITY OF THE USER TO ENSURE THAT THEY ARE IN
COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS. YOU FURTHER UNDERSTAND
THAT THE DEVICE IS NOT TO BE USED FOR, BUT NOT LIMITED TO THE FOLLOWING
ACTS: RETRIEVAL OF CREDIT CARD INFORMATION, PASSWORDS, PERSONAL AND/OR
MEDICAL INFORMATION, CONFIDENTIAL AND/OR PROPRIETARY INFORMATION, OR
TRADE SECRETS.
YOU UNDERSTAND THAT THIS DEVICE MAY NOT BE MODIFIED OR PROGRAMMED WITH
DATA THAT WOULD CAUSE MALFUNCTION, DAMAGE OR UNDESIRABLE OPERATION TO
ANY COMPUTER.
NO SERVICE WARRANTIES
THE PRODUCTS, SERVICES AND INFORMATION PROVIDED THROUGH ACI ARE PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
TITLE, NON INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY ACI,
ITS AFFILIATES OR ITS CONTRACTORS (VENDORS) OR THEIR RESPECTIVE
EMPLOYEES SHALL CREATE A WARRANTEE.
All Materials are the property of Allen Concepts, Inc Copyright 2000
Allen Concepts, Inc. All Rights Reserved.
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