EULA & Terms of Agreement



Version 1.1, from 20.09.2019

 

This EULA & Terms of Agreement applies to all Fokusek Enterprise software and their related support services. 

THIS FOKUSEK END USER LICENSE AGREEMENT (“EULA”) IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND FOKUSEK TECHNOLOGY PTE LTD (“FOKUSEK”) FOR THE FOKUSEK SOFTWARE (“SOFTWARE”), WHICH INCLUDES ANY UPGRADES OR UPDATES THERETO AS PROVIDED BY FOKUSEK, AND MAY INCLUDE ASSOCIATED MEDIA, PRINTED MATERIALS, RELATED EXPLANATORY WRITTEN MATERIALS AND ANY “ONLINE” OR ELECTRONIC DOCUMENTATION (“DOCUMENTATION”). PLEASE READ CAREFULLY AND UNDERSTAND ALL THE TERMS AND CONDITIONS AS STIPULATED IN THIS EULA BELOW. THIS SOFTWARE WILL NOT INSTALL ON YOUR COMPUTER UNLESS OR UNTIL YOU ACCEPT THE TERMS OF THE EULA. BY CLICKING ON THE “ACCEPT” BUTTON, INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO ACCEPT AND BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS EULA, INCLUDING ALL THE RIGHTS AND RESTRICTIONS AS STIPULATED THEREIN. If you do not agree to the terms and conditions of this EULA, you should not continue with the installation process or use the SOFTWARE and you should delete or destroy all copies of the SOFTWARE in your possession.

For your reference, you may print the text of this EULA from this page now, or refer to a copy of this EULA in the help file of the software or send a request for a copy of this EULA to pr@FOKUSEK.com.

SOFTWARE PRODUCT LICENSE

The SOFTWARE and the accompanying DOCUMENTATION is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold, to you by FOKUSEK for use only under the terms of this EULA, and FOKUSEK reserves all rights not expressly granted to you.

GRANT OF LICENSE
FOKUSEK grants you a non-exclusive and non-transferrable license to use the SOFTWARE and the DOCUMENTATION for as long as the SOFTWARE is made available by FOKUSEK and you have agreed to be bound by the terms and conditions of this EULA. This EULA grants you the following rights:

1.1. Permitted Use of the SOFTWARE

You may install, use, access, display, run or otherwise interact with (“RUN”) the SOFTWARE on a maximum of ten (10) desktop computers, laptops, workstations, terminals, handheld PCs, tablet PCs, smart phones, or other digital electronic devices (“COMPUTER”).

ANY USE OF THE SOFTWARE OTHER THAN AS EXPRESSLY AUTHORIZED BY THIS SECTION OR ANY RESALE OR FURTHER DISTRIBUTION OF THE SOFTWARE CONSTITUTES A MATERIAL BREACH OF THIS AGREEMENT AND MAY VIOLATE APPLICABLE COPYRIGHT LAWS.

1.2. Upgrades and Updates

Upgrades and updates of the SOFTWARE shall be provided to you by FOKUSEK. The duration and extent of such upgrades and updates of the SOFTWARE is made available to the users of the free version of the SOFTWARE under FOKUSEK’s exclusive discretion. Any supplemental SOFTWARE code and documentation provided to you as a part of upgrades and updates of the SOFTWARE shall be considered part of the SOFTWARE and subject to the terms of this EULA.

1.3. Intellectual Property Rights

All software produced and available in the Apple AppStore iOS and MacOS are the intellectual property of SC FOKUSEK ENTERPRISE SRL

1.4. Reservation of Rights

All rights not expressly granted are reserved by FOKUSEK. To the extent you provide any comments or suggestions about the SOFTWARE to FOKUSEK, FOKUSEK shall have the right to retain and use any such comments or suggestions in our current or future products or services, without further compensation to you and without your approval of such retention or use.

The SERVICES provided by FOKUSEK are constantly evolving, and FOKUSEK reserves the rights to change the form and nature of the SERVICE from time to time without prior notice to you. Any changes to the SERVICE, including the release of new SOFTWARE features, are subject to this EULA. In addition, FOKUSEK reserves the right to stop (permanently or temporarily) providing the SERVICE (or any features or AV within the SERVICE) without providing prior notice. We also retain the right to create limits on use and storage at FOKUSEK’s sole discretion at any time without prior notice to you.

RESTRICTIONS
2.1. Maintenance of Notices

You may not copy or use the SOFTWARE or the DOCUMENTATION except as set forth in Section 1 of this EULA. You must not remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the SOFTWARE or in copies of the SOFTWARE. Any copies that you are permitted to make pursuant to this EULA must contain the same copyright and other proprietary notices that appear on and in the SOFTWARE.

2.2. Prohibition and Limitations of Reverse Engineering, Decompilation and Disassembly

You must not modify, adapt, translate, reverse engineer, decompile, or disassemble the SOFTWARE, except as and only to the extent that such activity is permitted in this EULA, by applicable licensing terms governing the use of the Open-Sourced Components, and by applicable law notwithstanding this limitation.

2.3. Prohibition and Limitations of SOFTWARE Usage with Any Commercial Services

You are not permitted to use the SOFTWARE in connection with the provision of any commercial services which include processing or transferring the data of or for other persons or entities (“DATA”), including cloud computing and “Software as a Service” solutions, providing storage capacities for DATA; transmitting, routing of or providing connection to DATA or providing connection to DATA or providing information search tool services. You may not permit third parties to benefit from the use or functionality of the SOFTWARE via a timesharing, service bureau or other similar arrangement.

2.4. SOFTWARE Transfer

You may not rent, lease, sub-license or lend the SOFTWARE or the DOCUMENTATION or any portions thereof. You may, however, transfer all your rights to use the SOFTWARE and the DOCUMENTATION to another person provided that (i) the transferee accepts the terms of this Agreement; (ii) you transfer the SOFTWARE, including all copies, updates and prior versions, and all DOCUMENTATION to such individual/entity; and (iii) you retain no copies of the SOFTWARE of the DOCUMENTATION, including but not limited to copies stored on your computer. Any assignment or delegation in violation of the foregoing shall be void. Partial transfer of your rights under this EULA is strictly prohibited.

2.5. Support Services

The extent and duration of the support services related to the free version of the SOFTWARE (“SUPPORT SERVICES”) is provided by FOKUSEK, in its exclusive discretion. Use of SUPPORT SERVICES, if any, is governed by FOKUSEK policies and programs described in the user manual, in “online” documentation, and/or other FOKUSEK provided materials. Any supplemental SOFTWARE code provided to you as a part of SUPPORT SERVICES shall be considered part of the SOFTWARE and subject to the terms of this EULA. With respect to the technical information you provide to FOKUSEK as part of the SUPPORT SERVICES, FOKUSEK may use such information for its business purposes, including for product support and development. FOKUSEK will not utilize such information in a form that personally identifies you except to the extent necessary to provide you with support.

TERMINATION
Without prejudice to any other rights, FOKUSEK may terminate this EULA if you fail to comply with the terms and conditions of this EULA. FOKUSEK may terminate this EULA by offering you a superceding EULA for the SOFTWARE PRODUCT or any replacement or modified version of or upgrade to the SOFTWARE PRODUCT and conditioning your continued use of the SOFTWARE PRODUCT or such replacement, modified or upgraded version on your acceptance of such superceding EULA. In addition, FOKUSEK may terminate this EULA by notifying you that your continued use of the SOFTWARE PRODUCT is prohibited. In the event that FOKUSEK terminates this EULA, you must immediately stop using the SOFTWARE and destroy all copies of the SOFTWARE and all of its component parts.

COPYRIGHT
All title and copyrights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text and “applets,” incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the FOKUSEK Application Whitelisting Component and on-the-fly antivirus scanning engine of the SOFTWARE, are owned by FOKUSEK or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE is the property of the respective content owner 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 contains documentation which 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.

LIMITED WARRANTY; DISCLAIMERS AND EXCLUSION OF LIABILITY
Be aware that the SOFTWARE may make changes to your computer that may adversely affect its functionality, such as deleting system or application files identified (correctly or incorrectly) by the SOFTWARE as infected. You acknowledge and agree to such changes to your computer that may occur as a result of your use of the SOFTWARE. The SOFTWARE is not fault-tolerant and as such is not designed for use in hazardous environments requiring fail-safe performance.

YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICE ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” BASIS AND WITH ALL FAULTS. WITHOUT LIMITING THE FOREGOING, FOKUSEK AND ITS LICENSORS, DISTRIBUTORS, AFFILIATES, AGENTS, PARTNERS AND SUBSIDIARIES DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

FOKUSEK, AND ITS LICENSORS, DISTRIBUTORS, AFFILIATES, AGENTS, PARTNERS AND SUBSIDIARIES DO NOT AND CANNOT WARRANTY THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR SERVICE OR DOCUMENTATION. THE REMEDY IN THIS SECTION STATES THE SOLE AND EXCLUSIVE REMEDIES FOR FOKUSEK’S OR ITS DISTRIBUTORS’ OR AFFILATES OR AGENTS’ OR PARTNERS OR SUBSIDIARIES OR BREACH OF WARRANTY. FOKUSEK PROVIDE THE SOFTWARE AND SERVICE “AS IS” AND “AS AVAILABLE” 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 OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, OF QUIET ENJOYMENT, OR OF NONINFRINGEMENT OF THIRD PARTY RIGHTS. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND SERVICE IS WITH YOU. IF THE SOFTWARE AND SERVICE BECOME DEFECTIVE IN ANY RESPECT, YOU AND NOT FOKUSEK ASSUME THE ENTIRE COST OF ANY SERVICE OR REPAIRS. AS THE SECURITY MECHANISMS IMPLEMENTED BY THE SOFTWARE AND SERVICE HAVE INHERENT LIMITATIONS, YOU MUST DETERMINE THAT THE SOFTWARE AND SERVICE SUFFICIENTLY MEETS YOUR REQUIREMENTS. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS EULA.

YOU AGREE AND ACCEPT THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FOKUSEK OR ITS LICENSORS OR ITS DISTRIBUTORS OR AFFILIATES OR AGENTS OR PARTNERS OR SUBSIDIARIES BE LIABLE TO YOU FOR DEATH, PERSONAL INJURY, FRAUD, OR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY INJURY TO PERSON OR PROPERTY, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, FOR LOSS OF PRIVACY FOR FAILURE TO MEET ANY DUTY INCLUDING GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FOKUSEK OR ITS LICENSORS OR ITS DISTRIBUTORS OR AFFILIATES OR AGENTS OR PARTNERS OR SUBSIDIARIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF DAMAGES SHALL BE EFFECTIVE EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

TO THE FULL EXTENT PERMITTED BY LAW, YOU AGREE AND ACCEPT THAT IN NO CASE SHALL FOKUSEK’S OR ITS LICENSORS’ OR ITS DISTRIBUTORS’ OR AFFILIATES’ OR AGENTS’ OR PARTNERS’ OR SUBSIDIARIES’ LIABILITY FOR ANY DAMAGE EXCEED THE LESSER OF FIVE U.S. DOLLARS ($5.00) OR THE AMOUNT OF THE ONE YEAR LICENSE FEE FOR FOKUSEK’S COMMERCIAL PRODUCT CLOSEST TO YOUR FREE VERSION OF THE SOFTWARE.

Collection of Certain System Information
The SOFTWARE and SERVICE automatically after installation and from time to time may collect and stored certain information, which may include personally identifiable information, from the computer on which it is installed, including:

6.1. Hashes of exe, DLL, msi, scripts and other relevant executable programs on your computer,

6.2. Certain program files on your computer that are identified by the SOFTWARE and SERVICE as new and not found in the SERVICE.

6.3. Information and files on your computer identified by the SOFTWARE or SERVICE as potentially infected, together with the information about the nature of the identified threats;

6.4. Copies of applications, files or programs that are identified by the SOFTWARE or SERVICE as potentially malicious or infected or parts thereof may be automatically sent to FOKUSEK for further examination and analysis;

6.5. Certain information about your computer hardware, software and/or network connection such as your IP address, operating system, information about the SOFTWARE and its installed features, Web browser Software and version;

6.6. Information about trusted applications and binaries identified by the SOFTWARE or SERVICE;

6.7. Information about applications and files that were wrongfully classified as malicious, meaning that they are allowed to run or used by the user after detection;

6.8. Certain information about the installation and operation of the SOFTWARE and encountered errors or problems; and

6.9. Statistical information about threats detected by the SOFTWARE or SERVICE.

The information collected by the SOFTWARE and SERVICE is generally not correlated with any other personal information related to you that FOKUSEK may be processing such as information given by you to FOKUSEK or its distributors or agents or affiliates or partners or subsidiaries during the process of ordering and downloading the SOFTWARE. Unless you have permitted otherwise, the information collected by the SOFTWARE or the SERVICE is used anonymously in aggregation with similar information from other users of the SOFTWARE for continuous cloud-based file scanning and analytical purposes to identify new viruses and threats and for improvement and development of the SOFTWARE and for statistical purposes.

By using the SOFTWARE you acknowledge and agree that FOKUSEK or its distributors or agents may collect and use the information as described above. You are giving this consent on behalf of all users of all computers where the SOFTWARE will be used under this license and you accept full responsibility for informing all users and acquiring their fully informed, free and valid consent with processing of their personal information by the SOFTWARE as described above.

The collected information may be transferred to third parties or to other countries that may have less protective data protection laws than the country or region in which you are situated (including the European Union). FOKUSEK takes measures to ensure that any collected information will receive an adequate level of protection if and when transferred. Notwithstanding anything to the contrary in this EULA or any DOCUMENTATION or other materials provided to you in connection with the SOFTWARE, FOKUSEK reserves all rights to cooperate with any legal process or government inquiry (including, but not limited to, court orders and law enforcement requests) related to your use of the SOFTWARE. In connection with such cooperation, FOKUSEK may provide documents and information relevant to a court subpoena or government or other legal investigation, which may include disclosure of your personally identifiable information. FOKUSEK may also use statistics derived from the collected information to track and publish reports on security risk trends.

By using the SOFTWARE, you acknowledge and agree that FOKUSEK or its distributors or agents or affiliates or partners or subsidiaries may collect, transmit, store, disclose and analyze such information for any of the foregoing purposes listed in this Section.

Governing Law and Jurisdiction
This EULA is governed by the laws of Romania and European Union.

ILLEGALITY
If any provision of this EULA shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable the invalidity or unenforceability of such provision shall not affect the other provisions of this agreement and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. You hereby agree to attempt to substitute for any invalid or unenforceable provision a valid or enforceable provision which achieves to the greatest extent possible the economic legal and commercial objectives of the invalid or unenforceable provision.

General
This EULA represents the complete agreement concerning the license granted hereunder and may be amended only by an agreement in writing executed by FOKUSEK and you. This EULA supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to the SOFTWARE or SERVICE or DOCUMENTATION. Notwithstanding the foregoing, nothing in this EULA will diminish any rights you may have under existing consumer protection legislation or other applicable laws in your jurisdiction that may not be waived by contract.

This EULA will immediately terminate upon your breach of any obligation contained herein (especially your obligations in Sections 1, 2) and you shall cease use and destroy all copies of the SOFTWARE and DOCUMENTATION in your possession. FOKUSEK reserves the right to any other remedies available under law in the event your breach of this EULA adversely affects FOKUSEK or its distributors or agents. The limitations of liability and disclaimers of warranty and damages contained herein shall survive termination of this EULA. This EULA may be modified by the DOCUMENTATION. No provision hereof shall be deemed waived unless such waiver shall be in writing and signed by FOKUSEK. If any provision of this EULA is held invalid, the remainder of this EULA shall continue in full force and effect.

If you have any questions regarding this EULA or wish to request any information from FOKUSEK, please write to, e-mail: office@fokusek.com.

THIS SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM OUT OF OR IN CONNECTION WITH THE WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.