Laptop Security by Final Defense the Laptop Security Experts - Terms & conditions

Final Defence - End-User Licence Agreement

Issued June, 2009

END-USER LICENCE AGREEMENT ("LICENCE") FOR FINAL DEFENCE SOFTWARE

PLEASE READ THE FOLLOWING LEGAL AGREEMENT CAREFULLY:

You have acquired the First Defence Service (“Service”) and you must now purchase a licence for the First Defence Software (“Licence”). Your purchase of the Licence is conditional upon your acceptance and compliance with the terms and conditions which can be found online at http://www.finaldefence.com ("Online") for review and download.

By installing, copying or using the Final Defence software product you are deemed to have accepted and agreed to be bound by this Licence and the attached Terms and Conditions of Service. If you do not agree to accept or be bound by this Licence or the Terms and Conditions of Service, do not install, copy or use the Final Defence software product and promptly remove the Final Defence software product and any copies from your computer and return the software.

1. Licensor. This Licenceis being granted by Final Defence Limited, trading as Final Defence and is a company incorporated in England.
2. LicenceGrant. Final Defence grants to you a non-exclusive, non-transferable, worldwide right to use this Final Defence software in object code form including any updates thereto provided to you by Final Defence (the “Software”). This Licence to use the Software includes a subLicence to use included third party software and is conditional upon your compliance with the terms Licence herein. You agree you will only copy the Software into a machine readable or printed form as necessary to use it in accordance with this Licence or for backup purposes in support of your use of the Software.
3. Term. This Licence is effective for the term of the service period you have purchased (which cannot exceed five years), unless terminated earlier as provided in this Licence, and only with respect to those computers covered by the Service.
4. Termination. This Licence is terminated automatically at the end of the purchased service term. You may terminate this Licence at any point by destroying the Software and all copies. Final Defence may terminate this Licence, without notice, if you fail to comply with any term or condition of this Licence or upon the termination of any Service provided to you by Final Defence, its affiliates or authorized service providers in connection with the Software.
5. Ownership of the Software. Final Defence 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 Final Defence or its licensors and that the only rights you have with respect to the Software and related materials is the right to use them in accordance with the terms of this Licence. 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 subLicence the Software, (b) make any telecommunications data transmission of the Software, or (c) unless all CPUs or users are properly individually or site Licenced by Final Defence, 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. Final Defence 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 Final Defence has made reasonable effort to ensure that the Software works with certain operating systems and application software, Final Defence can not check every possible combination of equipment or software available or that is subsequently installed by you.
9. Customer Assistance.
Contact: support@FinalDefence.com
10. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. NEITHER FINAL DEFENCE NOR ITS AFFILIATES, AUTHORIZED SERVICE PROVIDERS, 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 LOST COMPUTER), EVEN IF FINAL DEFENCE OR ITS AFFILIATES, AUTHORIZED SERVICE PROVIDERS, SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIABILITY OF FINAL DEFENCE AND ITS AFFILIATES, AUTHORIZED SERVICE PROVIDERS, SUPPLIERS AND LICENSORS FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, WILL NOT EXCEED THE LICENCE OR OTHER FEES PAID BY YOU, IF ANY.
11. Severability. In the event of the invalidity of any provision of this Licence, the parties agree that such invalidity shall not affect the validity of the remaining portions of this Licence.
12. Governing Law and Jurisdiction. This Licence is governed by the laws of England and Wales, and the laws of the United Kingdom applicable therein. The Licencee irrevocably and exclusively commits that any dispute in respect of this Licence will be commenced and heard only in the courts of England and Wales and all courts having appellate jurisdiction there over.
13. Entire Agreement. This End User Licence Agreement, along with the Terms and Conditions of Service and, if applicable, Recovery Guarantee Terms and Conditions comprise the entire agreement between you and Final Defence, and supersedes any prior agreement or understanding, whether written or oral, relating to the subject matter of
this Licence.

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 Final Defence Limited, trading as Final Defence.

1. BY PURCHASING THE SERVICE, THE CUSTOMER IS AWARE THAT:
1.1. The Customer is deemed to have read and agreed to these Terms and Conditions of Service by installing and using the Final Defence software. This document was provided to the customer with the purchase documentation, and is also available Online at, http://www.FinalDefence.com.
1.2. In order for Final Defence to provide the Service, the Customer must install onto their computer a software agent ("Final Defence") and activate the Service Online, and connect to the Internet from time to time. To do so, follow the installation guide provided with the Final Defence software.
1.3. The Final Defence solution installed on the Customer computer will make automatic communication with a server at Final Defence Monitoring Centre on a regular basis while the computer is connected to the Internet.
1.4. It is the Customer’s sole responsibility to ensure that the Final Defence remains installed on the computer, that the Final Defence automatically communicates with Final Defence Monitoring Centre on a regular basis, including but not limited to allowing agent access through Customer configured firewalls, and otherwise complies with "Final Defence" for the deployment and maintenance of the Final Defence.
1.5. 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.
1.6. There are minimum system requirements to run the Final Defence software:
For Microsoft Windows
95/98/2000/NT/Me/XP/Vista operating systems.

The Theft Report is available by logging-in through the Customer account Online at http://www.FinalDefence.com, or it will be mailed to the Customer upon a request sent to support@FinalDefence.com, or issued in writing to the registered address.

2. THE SERVICE
2.1. Service and Term. The Service is enabled by a software based Tool for an annual subscription term for the Professional Product and a 3 month trial period for the Lite Product.
2.2. The Final Defence Application. The Final Defence Application retains an Electronic ID Number that uniquely identifies the computer. When a computer installed with Final Defence connects to the Internet, the Final Defence application contacts Final Defence Monitoring Centre to report the computer’s location using its Internet Protocol ("IP") address and check the status of the product. This message is brief, silent, and requires no prompting by, or interaction with, the Customer.
2.3. Monitoring. The Final Defence Monitoring Centre provides a means of monitoring system status for computers that are installed with the Service. Final Defence Monitoring Centre is located in the United Kingdom. When the Final Defence application calls into the Monitoring Centre, the monitoring server logs the call and auto-discovers and records the computer location. Computers installed with the Service automatically call the Monitoring Centre on a regular basis in order to transmit the data required for Final Defence to provide the Service.
2.4. Final Defence Customer Centre. All information provided by Final Defence is archived and kept confidential. Technical Support is for Customers Only, at support@FinalDefence.com. The Customer may also receive support information Online using the Live Chat service within the Support section of My Account.

3. CANCELLATION AND/OR TRANSFER RIGHTS
3.1. Final Defence 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.
3.2. The Customer may not transfer this Agreement made with Final Defence.
3.3. End Of Licence. When the active Licences in the user account expires, Final Defence will disable access to the Final Defence system and service unless the customer renews his service when contacted at appropriate timing by Final Defence.

4. LIMITATIONS AND WARRANTIES
Final Defence does not guarantee that operation of the Final Defence application will be uninterrupted or error-free. Final Defence 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.

5. GOVERNING LAW AND JURISDICTION
This Service is governed by the laws of England and Wales. The Customer irrevocably and exclusively commits that any dispute in respect of this Service will be commenced and heard only in the courts of England and Wales and all courts having appellate jurisdiction there over.

6. CONSUMER PROTECTION LAWS
This is a contract to which consumer protection laws in the Customer's jurisdiction may apply. Under such laws, the Customer may have the right to cancel this contract after receiving a copy of this contract by giving Final Defence 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 - support@FinalDefence.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 Final Defence 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 Final Defence, 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.

THESE TERMS AND CONDITIONS ARE AVAILABLE ONLINE

Final Defence
101 Wardour Street
London
W1F 0UG
United Kingdom
tel: +44 (0) 2074327628