User License Agreement

IMPORTANT: PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY.

YOU WILL HAVE ACCEPTED THIS END USER LICENSE AGREEMENT IF YOU:

DOWNLOAD, INSTALL, ACTIVATE, OR USE NEWSOFTWARE'S FOLDER LOCK SOFTWARE OR DATA HOSTING SERVICES.

This End User License Agreement ("Agreement") is a legal agreement between you, the customer, and New Softwares.net, a Beaverton, Oregon company, regarding the purchase, use, and installation of NewSoftware's Folder Lock Software and/or Data Hosting Services (hereinafter collectively the "NewSoftware's Products"). In this Agreement, "you" and "your" refer to you, the customer, and his or her agents, and "we", "us" and "our" is herein collectively referred to as "New Softwares.net," "New Softwares.net" "New Softwares.net," "New Softwares.net", "NewSoftware's").

NEWSOFTWARES IS WILLING TO ALLOW THE SALE AND USE OF THE NEWSOFTWARES PRODUCTS TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT. BY ACCEPTING THIS AGREEMENT YOU ARE BINDING YOURSELF TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THEN NEWSOFTWARES.NET IS UNWILLING TO ALLOW THE SALE AND USE OF THE NEWSOFTWARES PRODUCTS TO YOU AND YOU MUST (A) NOT DOWNLOAD, INSTALL, ACTIVATE, OR USE THE FOLDER LOCK SOFTWARE OR DATA HOSTING SERVICES, AND (B) YOU MAY RETURN THE FOLDER LOCK SOFTWARE FOR A FULL REFUND OF ITS PURCHASE PRICE. YOUR RIGHT TO RETURN AND A REFUND FOR THE FOLDER LOCK SOFTWARE EXPIRES 7 DAYS AFTER ITS PURCHASE, AND APPLIES ONLY IF YOU ARE THE ORIGINAL END USER PURCHASER.

IF YOU ARE UNDER 13 YEARS OF AGE, YOU MAY NOT PURCHASE OR USE THE NEWSOFTWARES PRODUCTS. IF YOU ARE BETWEEN THE AGES OF 13 AND 17 YEARS OF AGE YOU MAY ONLY PURCHASE AND USE THE NEWSOFTWARES PRODUCTS AFTER RECEIVING PRIOR CONSENT FROM YOUR PARENTS OR LEGAL GUARDIANS.

ANY PURCHASE OR USE OF ANY NEWSOFTWARES PRODUCTS WITHOUT AGREEING TO THE TERMS OF THIS AGREEMENT IS STRICTLY PROHIBITED.

New Softwares.net makes no representations that the New Softwares.net Products are appropriate for use in other locations outside of the United States. If you use the New Softwares.net Products in or from other locations you are responsible for compliance with applicable laws.

DESCRIPTION OF NEWSOFTWARES PRODUCTS.

Throughout this Agreement, the following descriptions shall apply. More detailed information regarding these New Softwares.net Products can be found at http://www.newsoftwares.net.

• "Folder Lock" is the Folder Lock software program that allows you to encrypt and backup your data online in real-time (i.e. backups that occur multiple times a day) to New Softwares.net using New Softwares.net's Data Hosting Services that: i) are running any form of the Folder Lock Software; 2) have given you permission to backup to that device; and 3) are in a functional state and condition appropriate for receiving and storing your data (e.g., powered on, connected to the Internet, containing appropriate storage space, etc.). Folder Lock does not allow for the storage of multiple versions of data without overwriting previous backups of that data.
• "Folder Lock" is free to try for 7 days. This evaluation version of the Folder Lock software program includes the full functionalities of Folder Lock and allows you to encrypt and backup your data online.
• "Folder Lock Software" refers collectively to Folder Lock 7, Folder Lock, and Trial Folder Lock.
• "Data Hosting Services" refers to Backup Online, a feature of Folder Lock Software. It is the data hosting service for both COMMERCIAL and NON-COMMERCIAL USE, and is provided by New Softwares.net through its partnerships with third-party service providers. New Softwares.net will use commercially reasonable efforts to provide the Data Hosting Services to you under the terms and conditions of this Agreement.

GRANT OF LICENSE

Unless otherwise noted in this Agreement, and to the full extent allowed under any applicable laws, all terms and conditions of this Agreement apply to purchases and use of any and all New Softwares.net Products, whether Folder Lock Software or Backup Online (Data Hosting Services).

• NEWSOFTWARES PRODUCTS LIMITED EVALUATION LICENSE. Subject to the terms of this Agreement, you are hereby licensed by New Softwares.net to use for evaluation purposes only one copy of Folder Lock per computer or workstation, without charge, for a period of seven (7) days for the Folder Lock Software. The Data Hosting Services feature provided in Folder Lock has no free planning. If you want to continue to use Folder Lock after the 7-use evaluation period, you must acquire from New Softwares.net, for a fee, a license for either Folder Lock and agree to pay the associated fee for the optional Data Hosting Services. Use of Folder Lock after the expiration of the 7-day evaluation period without acquiring such a license is outside the scope of this Agreement and a violation of U.S. and international copyright laws. If you do not purchase Folder Lock after the evaluation period is expired, your ability to protect, encrypt or backup new files will cease to function, however you will still be able to view, copy, download or get back your files you backed up or protected with Folder Lock during the evaluation period.
• NON-EVALUATION GRANT OF LICENSE. Conditioned upon compliance with the terms and conditions of this Agreement including the purchase of Folder Lock, New Softwares.net grants to you a non-exclusive and non-transferable license to use those New Softwares.net Products that you have purchased and their related Documentation. You may only use each single copy of Folder Lock Software you purchase on one computer or workstation at a time; however, you are allowed to transfer each purchased Folder Lock Software copy from one computer to another, single computer so long as you do not abuse this privilege (e.g., repeated transfers of the Folder Lock Software for the purpose of backing up multiple computers without the purchase of multiple licenses). What actions constitute an abuse is the sole discretion of New Softwares.net. "Documentation" as used in this Agreement means written information (whether contained in user or technical manuals, training materials, specifications or otherwise) specifically pertaining to the New Softwares.net Products and made available by New Softwares.net with the New Softwares.net Products in any manner (including on CD-ROM or on-line).
• TITLE AND LIMITATIONS. This is a license, not a transfer of title, to the Folder Lock Software and Documentation. New Softwares.net retains ownership of all copies of the Folder Lock Software and Documentation. You are granted no implied licenses to any other intellectual property rights other than as specifically granted herein. You acknowledge that the Folder Lock Software and Documentation contain trade secrets of New Softwares.net, its suppliers, or licensors, including but not limited to, the specific internal design and structure of individual programs and associated interface information. Accordingly, except as otherwise expressly provided under this Agreement, you shall have no right and you specifically agree not to:
  
  i. transfer, assign or sublicense its license rights to another person or entity and you acknowledge that any attempted transfer, assignment, sublicense or use shall be void;
  
  ii. make error corrections to, or otherwise modify or adapt, the Folder Lock Software or to create derivative works based upon the Folder Lock Software, or permit third parties to do the same;
  
  iii. reverse engineer or decompile, decrypt, disassemble or otherwise reduce the Folder Lock Software to human-readable form, except to the extent otherwise expressly permitted under applicable law notwithstanding this restriction; iv. use or permit the Folder Lock Software to be used to perform services for third parties, whether on a service bureau or time sharing basis or otherwise, without the express written authorization of New Softwares.net; disclose, provide, or otherwise make available trade secrets contained within the Folder Lock Software and Documentation in any form, to any third party without the prior written consent of New Softwares.net. You shall implement reasonable security measures to protect such trade secrets; or use the Folder Lock Software to develop any software application intended for resale which employs the Folder Lock Software.
• SOFTWARE, UPGRADES, AND ADDITIONAL COPIES. For purposes of this Agreement, "Software" shall include (and the terms and conditions of this Agreement shall apply to) the Folder Lock Software and any upgrades, updates, bug fixes or modified versions thereto (collectively, "Upgrades") or backup copies of the Folder Lock Software licensed or provided to you by New Softwares.net.

DISTRIBUTING SHAREWARE COPIES:

You may make copies of unregistered Shareware version of the Product for distribution in CD/DVD or by other means for the sole purpose of advertisement, exposure, bundle etc., however you cannot sell Shareware Copies of the Product for a profit. If you are a New Softwares.net reseller or an affiliate, you have exclusive rights to sell the full version of the products in legal manner. Individuals other than resellers and affiliates cannot distribute full versions, registration key, serial no., such a distribution will be considered Illegal and will be prosecuted to the maximum extent under the law. You CANNOT: (a) distribute registered versions of Product if you're not a New Softwares.net affiliate or a reseller (b) ship incomplete versions of the Product; (c) defeat or try to defeat, messages in the Product which encourage users to register their software or actively discourage user registration in any way.

NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT:

• YOU HAVE NO LICENSE OR RIGHT TO USE ANY ADDITIONAL COPIES OR UPGRADES UNLESS YOU, AT THE TIME OF ACQUIRING SUCH COPY OR UPGRADE, ALREADY HOLD A VALID LICENSE TO THE ORIGINAL SOFTWARE AND HAVE PAID THE APPLICABLE FEE FOR THE UPGRADE OR ADDITIONAL COPIES.
• THE MAKING AND USE OF ADDITIONAL COPIES OF LICENSED VERSION IS STRICTLY PROHIBITED. YOU MAY USE A TRIAL VERSION OF THE PRODUCT IF YOU REQUIRE PORTABLE OR BACKUP SERVICES ON ANOTHER COMPUTER THAT HAS NOT PURCHASED A LICENSE FOR THE PRODUCT.
• ACCESS TO NEWSOFTWARES PRODUCTS. In order to use New Softwares.net Products, you must provide all equipment and software necessary to use New Softwares.net Products that are not a part of the New Softwares.net Products, including, but not limited to, a computer that is in working order running an operating system compatible with the New Softwares.net Products and that is suitable for use in connection with the New Softwares.net Products. You are responsible for ensuring that your equipment and/or software do not disturb or interfere with New Softwares.net's operations or the operations of other users of New Softwares.net Products. If any upgrade or modification to New Softwares.net Products requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance New Softwares.net Products, including the release of new products and services, shall be subject to the terms and conditions of this Agreement.

INVOICING AND PAYMENT.

• PRICING INFORMATION. Pricing information for New Softwares.net Products is provided at our Store.
• INVOICING AND PAYMENT TERMS FOR DATA HOSTING SERVICES (BACKUP ONLINE). Backup Online is one of the features of Folder Lock application; New Softwares.net will offer you the opportunity to subscribe to its monthly service in order to backup encrypted data on your computer. If you do not sign up, New Softwares.net will not make it necessary for you to purchase it anytime in the future. If you sign up, New Softwares.net will evaluate your usage of that service and generate an invoice for pre-payment for the next 30 days based upon that usage. You will continue to be billed and be required to pre-pay on a monthly schedule with payment amounts based upon your usage of the Data Hosting Service during the previous month from the date you purchased the service. If you update your disk space during the time of utilization of this service, you will be billed that for the new quota and your old contract will be over. Pre-paid amounts are not refundable except where explicitly stated in this Agreement. New Softwares.net will deliver invoices for your use of the Data Hosting Services by e-mail to the e-mail account you register with New Softwares.net. Payment of all invoices issued by New Softwares.net to you are due thirty (30) days from the date of the invoice. BY ACCEPTING THIS AGREEMENT AND USING DATA HOSTING SERVICES, YOU EXPRESSLY AUTHORIZE NEWSOFTWARES TO BILL AND COLLECT PAYMENT FROM YOU BY ANY PAYMENT METHOD YOU REGISTER WITH NEWSOFTWARES INCLUDING, BUT NOT LIMITED TO, YOUR CREDIT CARD, BANK ACCOUNT, OR ONLINE PAYMENT SYSTEM SUCH AS PAYPAL(TM).
• FAILURE TO PAY ON TIME. In the event that you fail to pay any New Softwares.net invoice when due, New Softwares.net may immediately and without notice terminate this Agreement including all rights to continue using the Data Hosting Services. If your payment becomes more than 15 days overdue, New Softwares.net reserves the right to delete any and all data you have stored with New Softwares.net through the Data Hosting Service.
• BILLING DISPUTES. You may dispute any amount invoiced under Section 3.b. within thirty (30) days of the invoice date by submitting in writing to New Softwares.net the following information: 1) the New Softwares.net Products purchased that are in dispute; 2) the amount in dispute; and 3) the reason for the disputed billing. Failure to submit such information in writing within thirty (30) days of the invoice date will result in a waiver of your ability dispute the invoiced charges. New Softwares.net may require additional information as it sees fit from you in order to resolve the billing dispute. Any resolution of the billing dispute will be in the sole discretion of New Softwares.net subject to the rights and obligations set forth in this Agreement. Regardless of any billing dispute, New Softwares.net retains the right to terminate this Agreement under Sections 3.c. and 10 of this Agreement.

DATA STORAGE AND CUSTOMER INFORMATION COLLECTED.

• DATA STORAGE. If you use Backup Online feature in Folder Lock, you data is stored in a encrypted cloud storage. Data is only stored if you choose to purchase a Backup Online account from New Softwares.net. All other uses of Folder Lock will require you to gain authorization from another Folder Lock user to backup data to their device and/or for you to supply all hardware, software, infrastructure, and other equipment required for data storage. REGARDLESS OF WHETHER YOU OR NEWSOFTWARES STORES YOUR DATA, ONLY THOSE FILES YOU SELECT FOR BACKUP WILL BE STORED. All data stored on the Backup Server are encrypted using 256-bit Military grade AES encryption and stays that way without exception. File Names stored in your Lockers on your local PC remain decrypted however, to identify files during backup and restore. Transmission of data exchanges in your Backup Online Account is also encrypted with the use of 128-bit SSL encryption.
• DATA SECURITY. Folder Lock uses 256-bit Military grade AES encryption to secure your data stored in Lockers, Portable Lockers and Executable Lockers, Wallets and Backup Online Storage. However, the Lock Files feature doesn't change the content of your data and uses Windows Filter Driver to filter OS request to hide or restrict access to files. In case of encryption, your password is required for decrypting stored data. Folder Lock doesn't store your Locker, portable Locker, Online Backup or ZIP files passwords anywhere on the computer, however, Passwords for Locked Files, Master Password and Master Keys are stored on your computer in encrypted form.
• STORAGE AND USE OF E-MAIL AND PASSWORD. In addition to the storage and use of your password, your e-mail address, contact details, mailing address, name and method of payment may be stored by New Softwares.net. However, New Softwares.net doesn't store your payment numbers like Credit Card numbers, Debit Card numbers or any such information to maintain its PCI compliance.

• METHOD OF PAYMENT INFORMATION. If you purchased New Softwares.net Products from New Softwares.net, we will collect and store your method of payment for the New Softwares.net for roducts you have purchased but will not store your Credit Card numbers, Debit Card numbers or any such information to maintain PCI compliance.
• E-MAIL ADDRESS INFORMATION. Your e-mail address in combination with your password, allows New Softwares.net to verify your identity. New Softwares.net may offer services such as allowing you to use your e-mail address in combination with your password to remotely delete your data from a computer on which Folder Lock Software is installed, or New Softwares.net may allow you to put up a "lost/stolen" sign that will appear on that computer when it is booted. All such new functionality will be announced to you by sending messages to your registered e-mail. AS STATED IN SECTION 14 OF THIS AGREEMENT, NEWSOFTWARES EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY LOST, STOLEN, OR DELETED DATA, INCLUDING ANY DATA DELETED REMOTELY AS DESCRIBED IN THIS SECTION.
• INFORMATION COLLECTED VIA THE INTERNET. Folder Lock may automatically use the Internet to search for updates, such as, but not limited to, bug fixes and security updates, for Folder Lock. Such updates may install automatically. New Softwares.net Products may also contact New Softwares.net to verify the status of any license and right to use the New Softwares.net Products for anti-cracking purposes. New Softwares.net products may also connect to internet to verify the registration details you enter into the product for the purpose of activation. Furthermore, information that maybe collected include; information submitted in contact forms, upgrade forms, lost registration forms, contact forms, feedback forms of any sort. New Softwares.net will do everything to protect the rights to your privacy. For more details, visit our website to read our privacy policy.
• NEWSOFTWARES PRODUCTS' LICENSE KEY. New Softwares.net Products may require activation via a license key. New Softwares.net Products requiring activation by a license key will require an Internet connect to complete activation. Activation via a license key will result in the computer installed with New Softwares.net Products to transmit the license key to New Softwares.net via the Internet for activation of the New Softwares.net Products. If you purchased a single quantity, you are entitled to use Folder Lock on a single computer. You will not be allowed to register another computer with the same key ever again. In order to use the product on multiple computers, a multiple quantity license can be purchased from the product site. Any registration bought in this manner, would allow multiple number of licenses on the same number of computers you purchased for.
• MODIFICATIONS. You agree that New Softwares.net may, at its sole discretion, access our software on your computer, and/or cause Folder Lock Software to contact New Softwares.net, in order to provide additional or modified functionality, updates, enhancements, security updates and patches, and upgrades to Folder Lock Software or to remove or terminate the functionality of any Folder Lock Software in accordance with the termination provisions of this Agreement (collectively "Modifications"). All Modifications will be related to the New Softwares.net Products and will not include additional software from third parties.
• UNINSTALLING FOLDER LOCK SOFTWARE. You may uninstall Folder Lock Software by using any uninstall utility that accompanies the installed Folder Lock Software or through the uninstall mechanism provided by your compatible operating system. Uninstalling the FOLDER LOCK SOFTWARE will cause them to cease to functioning. Uninstalling Folder Lock or Folder Lock will result in you not being able to access any encrypted data that was stored using the Folder Lock software. Uninstalling free Folder Lock will result in the inability of others backing up to that device to retrieve their backed up data from that device. New Softwares.net does not warrant that any and all portions of the Folder Lock Software will be removed by any uninstall utility or the uninstall mechanism of your operating system. New Softwares.net does not warrant that all of your computer's software content, including but not limited to the operating system, will regress to a state of operation, including but not limited to settings and options that are identical to those that existed prior to the installation of Folder Lock Software. You remain bound by the terms of this Agreement, including but not limited to its disclaimer of warranties, limitation of liability, exclusive remedy, intellectual property, and ownership clauses even after you uninstall the Folder Lock Software.
• PROPRIETARY NOTICES. You agree to maintain and reproduce all copyright, trademarks and other proprietary notices on all copies, in any form, of the Folder Lock Software in the same form and manner that such copyright and other proprietary notices are included on the Folder Lock Software. Except as expressly authorized in this Agreement, you shall not make any copies or duplicates of any Folder Lock Software without the prior written permission of New Softwares.net.
• TERMINATION. This Agreement shall be effective as of your acceptance of this Agreement and shall continue in effect until terminated by either party. Either party may, at its election and in its sole discretion, terminate this Agreement at will, except as otherwise set forth in this Agreement. New Softwares.net specifically reserves the right to terminate this Agreement and your use of New Softwares.net products immediately, without notice from New Softwares.net, if you fail to comply with any provision of this Agreement, you use any New Softwares.net Product in a way not intended by New Softwares.net, or you abuse your use of New Softwares.net Products. New Softwares.net is further entitled to obtain injunctive relief if your use of the New Softwares.net Products is in violation of any license restrictions. Upon termination, you shall destroy all copies of the Folder Lock Software and Documentation in your possession or control.

ACCORDING TO THIS SECTION OR OTHER SECTIONS OF THIS AGREEMENT, NEWSOFTWARES MAY TERMINATE YOUR ABILITY TO CONTINUE TO USE NEWSOFTWARES PRODUCTS OR SERVICES. THE TERMINATION OF YOUR ABILITY TO CONTINUE TO USE NEWSOFTWARES PRODUCTS WILL CAUSE THOSE NEWSOFTWARES PRODUCTS TO CEASE FUNCTIONING AND result in you not being able to access any encrypted, backed up or stored data that was stored using the Folder Lock.

• ALLOCATION OF RISK. You acknowledge and agree that New Softwares.net has set its prices and entered into this Agreement and sales of New Softwares.net Products in reliance upon the disclaimers of warranty and the limitations of liability set forth herein, that the same reflect an allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that the same form an essential basis of the bargain between the parties.
• LIMITED WARRANTY. New Softwares.net warrants that, for a period of ninety (90) days from the date of the first purchase of Folder Lock Software that such version, in the form delivered by New Softwares.net, will substantially conform to and perform substantially in accordance with New Softwares.net's published documentation, to the extent such exists, with respect thereto when installed and operated in accordance with New Softwares.net specifications, and New Softwares.net will endeavor to correct any failure of the New Softwares.net Products to so conform or perform of which New Softwares.net receives written notice from you within said ninety (90) day period. EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEWSOFTWARES PRODUCTS FURNISHED BY NEWSOFTWARES AND ACCEPTED BY YOU ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTY WHATSOEVER. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, ARE SPECIFICALLY EXCLUDED AND DISCLAIMED BY NEWSOFTWARES. NEWSOFTWARES DOES NOT WARRANT THAT THE NEWSOFTWARES PRODUCTS OR ASSOCIATED DOCUMENTATION WILL MEET THE YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE NEWSOFTWARES PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF NEWSOFTWARES PRODUCTS IS WITH YOU.
• LIMITATION OF REMEDIES. YOUR SOLE AND EXCLUSIVE REMEDY FOR BREACH OF THE FOREGOING LIMITED WARRANTY WILL BE THAT (A) NEWSOFTWARES WILL ENDEAVOR TO CORRECT WITHIN A REASONABLE TIME ANY REPORTED FAILURE OF NEWSOFTWARES PRODUCTS TO SUBSTANTIALLY CONFORM TO OR PERFORM SUBSTANTIALLY IN ACCORDANCE WITH NEWSOFTWARES'S SPECIFICATIONS, TO THE EXTENT SUCH SPECIFICATIONS EXIST, DURING THE WARRANTY PERIOD SET FORTH IN SECTION 12 OF THIS AGREEMENT OR (B) IN THE EVENT THAT NEWSOFTWARES SHALL FAIL OR BE UNABLE FOR ANY REASON TO CORRECT ANY SUCH FAILURE OR NON-CONFORMITY OF THE NEWSOFTWARES PRODUCTS YOU MAY TERMINATE THE END USER LICENSE AGREEMENT AS TO THE AFFECTED NEWSOFTWARES PRODUCTS.
• LIMITATION OF NEWSOFTWARES LIABILITY. IN NO EVENT WILL NEWSOFTWARES BE LIABLE TO YOU FOR ANY LOST PROFITS, LOST SAVINGS, LOST DATA, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, LOST REVENUE, BUSINESS INTERRUPTION, LOSS OF CAPITAL OR OTHER SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY NEWSOFTWARES PRODUCT FURNISHED OR TO BE FURNISHED BY NEWSOFTWARES UNDER THIS AGREEMENT OR THE USE THEREOF, EVEN IF NEWSOFTWARES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, AND THE AGGREGATE LIABILITY OF NEWSOFTWARES UPON ANY AND ALL CLAIMS HOWSOEVER ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY NEWSOFTWARES PRODUCTS.

FURNISHED OR TO BE FURNISHED BY NEWSOFTWARES UNDER THIS AGREEMENT WILL IN ANY EVENT BE ABSOLUTELY LIMITED TO THE AMOUNT PAID BY YOU TO NEWSOFTWARES FOR YOUR PURCHASES OF NEWSOFTWARES PRODUCTS UNDER THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTHING IN THIS AGREEMENT SHALL OPERATE TO RELIEVE NEWSOFTWARES FROM LIABILITY FOR ITS OWN WILLFUL OR WANTON RECKLESSNESS OR INTENTIONAL TORTS.

• COPYRIGHT, PATENT, TRADE SECRET, AND TRADEMARK INDEMNITY. Subject to the limitations of Section 14, New Softwares.net will defend you and hold you harmless against liability upon any claim by any third party that the New Softwares.net Products as furnished by New Softwares.net infringe or violate any copyright, trademark or trade secret rights of such third party or any patent rights of such third party under a United States patent issued as of the effective date of this Agreement, provided that: a) you notify New Softwares.net promptly in writing of any notice of any such claim; b) you cooperate with New Softwares.net in all reasonable respects in connection with the investigation and defense of any such claim; c) New Softwares.net shall have sole control of the defense of any action.

on any such claim and all negotiations for its settlement or compromise; and d) should the New Softwares.net Products become, or in New Softwares.net's opinion be likely to become, the subject of a claim of copyright, patent or trademark infringement or trade secret misappropriation, you will permit New Softwares.net, at New Softwares.net's option and expense, either to: i) procure for you the right to continue using the affected New Softwares.net Products; ii) replace or modify the same so that it becomes non-infringing; or iii) terminate this Agreement with respect to such New Softwares.net Products and refund to you the amount of the license fees paid to New Softwares.net for charges for the thirty (30) day billing cycle during which you notified New Softwares.net in writing of any such claims. Notwithstanding anything herein to the contrary, however, New Softwares.net shall have no obligation or liability under any provision of this Section if any copyright, patent or trademark infringement or trade secret misappropriation claim is based upon use of an New Softwares.net Products in a manner other than that for which it was furnished by New Softwares.net, upon any New Softwares.net Products which has been modified by or for you in such a way as to cause it to become infringing, or upon any trademark or service mark which is not used by New Softwares.net.

• INDEMNITY BY YOU. You will, to the fullest extent permitted by law, indemnify New Softwares.net against and hold New Softwares.net harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees in connection with investigating, defending, or settling any claim relating to or arising out of any acts or omissions on the part of you which gives rise to claims against New Softwares.net by third parties.
• This Section defines the Acceptable Use Policy ("Policy") relating to the Service. You are responsible for continual compliance with this Policy. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations. We take no responsibility for third party content, nor do we have any obligation to monitor such third party content. Nonetheless, we reserve the right to monitor content at any time for any reason. Further, we reserve the right to remove objectionable or personally identifiable information. We will not be responsible or liable for the exercise or non-exercise of your rights under this TOU/EULA.

If you become aware of any such activities, you are obligated to immediately notify us.

We reserve the right to suspend or terminate access to the Services upon notice of a violation of this Policy. Indirect or attempted violations of this Policy, and actual or attempted violations by a third party on behalf of you, shall be considered violations of this Policy by you.

We have the right, but not the obligation, to monitor any activity or content associated with the Service. We may investigate any reported violation of its policies and take any action we deem appropriate, including terminating your access to the Service without notice. Any of the following, without limitation, would be a violation of the TOU/EULA and our policies and guidelines, and upon our determination, in our sole discretion, that you have engaged in any of the following, we shall terminate your access to the Service without notice, and to the extent applicable, remove, or disable access to, any material that is in violation of the following or claimed to be infringing or to be the subject of infringing activity. Accordingly, you expressly represent, warrant and covenant that you shall not upload, post or transmit to or distribute or otherwise publish through the Service any materials which (i) restrict or inhibit any other user from using and enjoying the Service, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, or (vi) constitute or contain false or misleading indications of origin or statements of fact.

We may report any activity we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. To cooperate with governmental requests, to protect our systems and users, to ensure the integrity and operation of our business and systems, or in response to subpoenas, court orders, or legal requirements, we may access and disclose any information we consider necessary or appropriate, including your contact details, IP addressing and traffic information, posted content, and web usage paths. By using the Service you expressly consent to the foregoing use and disclosure.

• U.S. GOVERNMENTAL END USER PURCHASES. The purchase and use of New Softwares.net Products by the U.S. Government is considered a commercial use by New Softwares.net.
• YOUR OBLIGATIONS. You represent and warrant that (a) you are the owner or an authorized user of the computer and data on which the New Softwares.net Products are installed or are used in conjunction with; and (b) you shall use the New Softwares.net Products only for lawful purposes, and will comply at all times with all applicable federal, state, and local laws and regulations applicable to the use of the same. You agree not to use any automated or manual process to interfere with, modify, or attempt to interfere with or modify the New Softwares.net Products except to uninstall the same as provided herein.

GENERAL PROVISIONS

• ENFORCEMENT/CHOICE OF LAW/CHOICE OF FORUM. Every provision of this Agreement will be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Agreement so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision will be deemed severed from this Agreement, and all other provisions will remain in full force and effect.
• ENTIRE AGREEMENT/NO WAIVER. This Agreement sets forth the entire agreement and understanding between New Softwares.net and you regarding the subject matter hereof and supersedes any prior representations, advertisements, statements, proposals, negotiations, discussions, understandings, or agreements regarding the same subject matter. You acknowledge that it has not been induced to enter into this Agreement by any representations or statements, oral or written, not expressly contained in this Agreement. This Agreement may not be modified or amended except as described herein or by a separate writing referencing this Agreement and signed by both you and an authorized representative of New Softwares.net.

The failure by New Softwares.net at any time to enforce any of the provisions of this Agreement or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, will not constitute a waiver of such provision, right, remedy or option or in any way affect the validity of this Agreement. The waiver of any default by New Softwares.net will not be deemed a continuing waiver, but will apply solely to the instance to which such waiver is directed.

This Agreement will in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the United States of America and the state of Minnesota without respect to its choice of law provisions. Any action between the parties will be venued in a state or federal court situated within the state of Minnesota, and you irrevocably submit yourself to the personal jurisdiction of such courts for such purpose.

• CORRECTION OF ERRORS AND INACCURACIES. This Agreement may contain typographical errors or other errors or inaccuracies and may not be correct or current. New Softwares.net reserves the right to correct any errors, inaccuracies or omissions and to change or update this Agreement at any time without prior notice. New Softwares.net does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
• HEADINGS. The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.

This Agreement shall not be construed as creating or constituting any partnership, joint venture or agency relationship between the parties.

• ASSIGNMENT AND RESALE. Your rights under this Agreement are not assignable or transferable. You agree not to resell New Softwares.net Products or any portion thereof. This Agreement will be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. No third-party beneficiaries are intended or shall be construed as created by virtue of this Agreement.

If you have any questions regarding this Agreement or wish to obtain additional information, please send a letter via U.S. Mail to 15500 SW Jay Street, #37715, Beaverton, OR 97006, USA.