Sentry 3.0

EULA - End User License Agreement

END USER LICENSE AGREEMENT FOR FRESH SOFTWARE LLC
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IMPORTANT-READ CAREFULLY:
This Fresh Software End User License Agreement ("EULA") is a legal agreement between you (either an individual person or a single legal entity, who will be referred to in this EULA as "You") and for the Fresh Software product that accompanies this EULA, including any associated media, printed materials and electronic documentation (the "Software Product"). The Software Product also includes any Software updates, add-on components, web services and/or supplements that Fresh Software may provide to You or make available to You after the date You obtain Your initial copy of the Software Product to the extent that such items are not accompanied by a separate license agreement or terms of use. By installing, copying, downloading, accessing or otherwise using the Software Product, You agree to be bound by the terms of this EULA. If You do not agree to the terms of this EULA, do not install, access or use the Software Product.

SOFTWARE PRODUCT LICENSE
The Software Product is protected by intellectual property laws and treaties. The Software Product is licensed, not sold.

1. GRANT OF LICENSE.
This Section of the EULA describes Your general rights to install and use the Software Product. The license rights described in this Section are subject to all other terms and conditions of this EULA.

General License Grant to Install and Use Software Product. You may install and use one copy of the Software Product on a single computer, device, workstation, terminal, or other digital electronic or analog device ("Device"). A license for the Software Product may not be shared. This license may not be transferred to another user or company.
Reservation of Rights. All rights not expressly granted are reserved by Fresh Software.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Trial period. Sentry is copyrighted shareware. It is not freeware, nor in the public domain. It may be used on a trial basis for evaluation for a maximum period of fifteen (35) days after which the trial expires. To continue use of the software, you must purchase a licensed registration code. If you purchase a license for this software from Fresh or its delegate, a registration key will be provided to you. The registration key allows you to unlock the software permanently. This registration key will only be sent to you via email by Fresh Software. Any attempt to register this software or unlock the software by using an illegal or fraudulent registration key, either before during or after the 35 day trial period makes this software copy an illegal copy and violates Fresh's copyright. A legal copy of this software can be used for 35 day s without entering a registration key.
If you wish to purchase the program, you may do so by contacting Fresh either during the trial period or following its expiration. For purchasing information, please visit: http://www.freshsoftware.com.
3. COPIES

A. Printed Matter. Except as specifically set forth herein, no Software or Documentation which is provided by Fresh pursuant to this Agreement in human readable form, such as written or printed documents, shall be copied in whole or in part by You without Fresh's prior written agreement.

B. Machine Readable Matter. Except as specifically set forth herein, any Software provided in machine readable form may not be copied by You in whole or in part, except for backup or archive purposes. You agree to maintain appropriate records of the number and location of all copies of the Software and make such records available upon Fresh's request. You further agree to reproduce all copyright and other proprietary notices on all copies of the Software in the same form and manner that such copyright and other proprietary notices are originally included with the Software.

4. Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the Software Product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
5. Trademarks. This EULA does not grant You any rights in connection with to any of the trademarks or service marks of Fresh Software.
6. Third Party Usage. No rental, leasing or usage to a Third Party of any Fresh product is permitted. This license is non-transferable and is intended to be used only by the lawful purchaser. You may not rent, lease, lend or provide third parties with the Software Product.
7. Support Services. Fresh Software may provide You with support services related to the Software Product ("Support Services"). Any supplemental Software code provided to You as part of the Support Services are considered part of the Software Product and subject to the terms and conditions of this EULA. You acknowledge and agree that Fresh Software may use technical information You provide to Fresh Software as part of the Support Services for its business purposes, including for product support and development. Fresh Software will not utilize such technical information in a form that personally identifies You.
8. Termination. Without prejudice to any other rights, Fresh Software may terminate this EULA if You fail to comply with the terms and conditions of this EULA. In such event, You must immediately destroy, delete and remove all copies of the Software Product and all of its component parts. Further use by You following termination may constitute infringement subjecting You to damages.
9. Injunctive Relief. YOU acknowledge that the unauthorized access to, use of, transfer or disclosure of the Software and Documentation or copies thereof will: (1) substantially diminish the value to FRESH of the copyrighted program and other proprietary interests that are the subject of this Agreement; (2) render FRESH's remedy at law for such unauthorized access to, use of, disclosure or transfer inadequate; and (3) cause irreparable injury. If YOU breach any obligation with respect to the use of the Software, YOU acknowledge FRESH shall be entitled to equitable relief to protect its interests therein, including, but not limited to, preliminary and permanent injunctive relief.
10. Survival. YOUR obligations under this Section will survive the termination of this Agreement or of any license granted under this Agreement for whatever reason.

11. UPGRADES. If the Software Product is labeled as an upgrade, You must be properly licensed to use a product identified by Fresh Software as being eligible for the upgrade in order to use the Software Product. A Software Product labeled as an upgrade replaces or supplements (and may disable) the product that formed the basis for Your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the Software Product is an upgrade of a component of a package of Software programs that You licensed as a single product, the Software Product may be used and transferred only as part of that single product package and may not be separated for use on more than one Device.
12. INTELLECTUAL PROPERTY RIGHTS. All title and intellectual property rights in and to the Software Product (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Software Product), the accompanying printed materials, and any copies of the Software Product are owned by Fresh Software or its suppliers. All title and intellectual property rights in and to the content that is not contained in the Software Product, but may be accessed through use of the Software Product, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants You no rights to use such content. If this Software Product contains documentation that is provided only in electronic form, you may print one copy of such electronic documentation. You may not copy the printed materials accompanying the Software Product.
13. BACKUP COPY. After installation of one copy of the Software Product pursuant to this EULA, you may keep the original media on which the Software Product was provided by Fresh Software solely for backup or archival purposes. If the original media is required to use the Software Product on the Device, you may make one copy of the Software Product solely for backup or archival purposes. Except as expressly provided in this EULA, you may not otherwise make copies of the Software Product or the printed materials accompanying the Software Product.
14. EXPORT RESTRICTIONS. You acknowledge that the Software Product is of U.S. origin. You agree to comply with all applicable international and national laws that apply to the Software Product, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments
15. CHOICE OF LAW, VENUE AND JURISDICTION
This EULA will be governed by and construed in accordance with the law of the State of California, USA, excluding its conflict of laws principles and you expressly agree that exclusive jurisdiction for any claim or dispute with Fresh Software or relating in any way to your use of the Software resides in the federal or state courts of California and you further agree and expressly consent to the exercise of personal jurisdiction in the federal or state courts of California in connection with any such dispute or claim.
This EULA shall not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
16. LIMITED WARRANTY. LIMITED WARRANTY FOR SOFTWARE PRODUCTS ACQUIRED IN THE US AND CANADA. Fresh Software warrants that the SOFTWARE PRODUCT will perform substantially in accordance with the accompanying materials for a period of ninety (90) days from the date of receipt.
If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (NINETY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE NINETY (90) DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to you.
Any supplements or updates to the SOFTWARE PRODUCT, including without limitation, any (if any) service packs or hot fixes provided to you after the expiration of the ninety (90) day Limited Warranty period are not covered by any warranty or condition, express, implied or statutory.

17. LIMITATION ON REMEDIES: NO CONSEQUENTIAL OR OTHER DAMAGES. Your exclusive remedy for any breach of this Limited Warranty is, as set forth below. Except for any refund elected by Fresh Software, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Software Product does not meet Fresh Software' Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of Section 10 below ("Exclusion of Incidental, Consequential and Certain Other Damages") are also incorporated into this Limited Warranty. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You may have others which vary from state/jurisdiction to state/jurisdiction.
18. YOUR EXCLUSIVE REMEDY. Fresh Software' and its suppliers' entire liability and your exclusive remedy shall be, at Fresh Software' option from time to time exercised subject to applicable law, (a) return of the price paid (if any) for the Software Product, or (b) repair or replacement of the Software Product, that does not meet this Limited Warranty and that is returned to Fresh Software with a copy of your receipt. You will receive the remedy elected by Fresh Software without charge, except that you are responsible for any expenses you may incur (e.g. cost of shipping the Software Product to Fresh Software). This Limited Warranty is void if failure of the Software Product has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement Software Product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States or Canada, neither these remedies nor any product support services offered by Fresh Software are available without proof of purchase from an authorized international source.
19. DISCLAIMER OF WARRANTIES. THE LIMITED WARRANTY THAT APPEARS ABOVE IS THE ONLY EXPRESS WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER EXPRESS WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING. EXCEPT FOR THE LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FRESH SOFTWARE AND ITS SUPPLIERS PROVIDE THE SOFTWARE AND SUPPORT SERVICES (IF ANY) AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OR RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.

20. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FRESH SOFTWARE OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF FRESH SOFTWARE OR ANY SUPPLIER, AND EVEN IF FRESH SOFTWARE OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
21. LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF FRESH SOFTWARE AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING (EXCEPT FOR ANY REMEDY OF REPAIR OR REPLACEMENT ELECTED BY FRESH SOFTWARE WITH RESPECT TO ANY BREACH OF THE LIMITED WARRANTY) SHAL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR U.S. $5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS (INCLUDING SECTIONS 6, 7, AND 8 ABOVE) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

22. REGISTRATION / USAGE INFORMATION. When you use this Software, and also when you register this Software, the following information about our Software and your computer is recorded into the Fresh Software and/or our 3rd party User Registration Tracking Company Database: Product Name, Version, Registration Key, Computer Name, Computers Internal IP address, Username logged onto Computer, Operating Systems Registered Owner, Operating Systems Registered Organization, Name, Organization Name, Email Address (as entered on the registration screen) and installation date. Additionally, your organizations public IP address, and hostname is recorded by Fresh Software and/or by the 3rd party Tracking database. The above information may also be posted to Fresh Software and/or our 3rd party user registration database on a regular periodic basis in order to update our registered user usage records. Usage of the product may also result in tracking the number of alerts provided, number of displayed connections and disconnects accomplished, and how often the software was opened. Such tracking may be required in the event violation of this license occurs.

Fresh Software assures the user the above information will be securely stored and maintained by Fresh and our 3rd party tracking company. By installing and/or registering and/or using this Software, you agree that Fresh Software or our 3rd party User Registration tracking company should not be held liable in any manner, if the security of this information is compromised in any manner. In no event will Fresh Software or our 3rd party User Registration tracking company be liable for any lost revenue, profit or data, or for special, indirect, consequential, incidental or punitive damages, however caused, regardless of the theory of liability, if the security of this information is compromised in any manner.

YOU SHOULD ONLY INSTALL THIS SOFTWARE IF YOU AGREE TO HAVE THE ABOVE USAGE INFORMATION RECORDED BY FRESH SOFTWARE AND/OR OUR 3RD PARTY USER REGISTRATION TRACKING COMPANY. BY INSTALLING AND/OR REGISTERING AND/OR USING THIS SOFTWARE, YOU AGREE THAT YOU GRANT FRESH SOFTWARE AND ITS DELEGATE YOUR FULL AND UNCONDITIONAL CONSENT TO RECORD THIS INFORMATION AND THE SAME PERMISSION IS EXTENDED TO OUR 3RD PARTY USER REGISTRATION TRACKING COMPANY.
23. COPYRIGHT INFRINGEMENT: You agree not to infringe on the Fresh Software copyright of this program. Copyright violation could be in the form of a) violating license counts, which you have purchased or b) using illegally generated registration keys to unlock the Software, without purchasing a valid license(s). You agree to only use Registration Keys generated online from our Fresh Software website, or only use registration keys emailed to you by Fresh Software or our third party order processing Company. You agree that any attempt to register this Software, or unlock the Software permanently, by using an illegal or fraudulent registration key makes this Software copy an illegal and unauthorized copy, and violates Fresh Software copyright of this Software. You agree to only use Registration keys provided to you by Fresh Software. In the event that you violate the Fresh Software copyright, you agree that you are liable to Fresh for actual damages, statutory damages, attorney fees lost profits, diminution of value of the software, lost license fees and/or all other costs and expenses incurred by Fresh for the loss according to law. (17 U.S.C. '504).

24. ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this EULA which is included with the Software Product) is the entire agreement between you and Fresh Software relating to the Software Product and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software Product or any other subject matter covered by this EULA. To the extent the terms of any Fresh Software policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control.
LICENSEE HEREBY ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT, UNDERSTANDS IT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.