nProtect GameGuard Personal End User License Agreement
IMPORTANT: THE FOLLOWING AGREEMENT (“AGREEMENT”) SETS FORTH THE TERMS AND CONDITIONS UNDER WHICH INCA INTERNET INCORPORATED IS WILLING TO LICENSE THE “SOFTWARE” AND ACCOMPANYING “DOCUMENTATION” TO “YOU” AS AN INDIVIDUAL USER OR AN AUTHORIZED REPRESENTATIVE OF AN ENTITY. BY ACCEPTING THIS AGREEMENT, YOU ARE ENTERING INTO A BINDING LEGAL CONTRACT WITH INCA INTERNET. THE TERMS AND CONDITIONS OF THE AGREEMENT THEN APPLY TO YOUR USE OF THE SOFTWARE AND SUBSCRIPTION SERVICES. PLEASE PRINT THIS AGREEMENT FOR YOUR RECORDS AND SAVE A COPY ELECTRONICALLY.
If you are downloading or activating the Software, you accept this Agreement by selecting the “I have read and agree with the terms of service” button or box below. If you or the entity you represent do/does not agree to the terms of this Agreement, do not select the “I have read and agree with the terms of service” button or box. Then no Agreement will be formed and you will not be permitted to evaluate, purchase or install and use the Software.
1. APPLICABLE AGREEMENT AND TERMS. This Agreement applies to INCA Internet’s nProtect GameGuard Personal (“Software”).
2. PAID SERVICE LICENSE. For each license purchased, INCA Internet grants you a non-exclusive, non-transferable, non-assignable right to install and use the Software on no more than the maximum number of client, personal or handheld computers (each a “Computer”) for which license fees have been paid as specified on your invoice, receipt, order confirmation, or other purchase documentation.
3. UPDATES. The Software requires Updates to work effectively. “Updates” are new patterns, definitions or rules for the Software’s security components and minor enhancements to the Software and accompanying documentation. Updates are only available for download and use during your Subscription Term as defined in Section 7 below. Upon download, Updates become “Software” for the purposes of this Agreement. Updates may require additional or different license terms that must be accepted before download. Updates will replace previously licensed parts of the Software, but will not increase the authorized number of Computers or registered users.
4. SOFTWARE ACTIVATION/REGISTRATION. To receive Updates and other available “Subscription Services”, you must activate the Software and/or register with INCA Internet. These controls help ensure that the Software operates only on validly licensed Computers and that validly licensed end users receive applicable Subscription Services.
5. INFORMATION COLLECTION. In addition to product registration information, INCA Internet must process and store certain information about your network and equipment to provide Subscription Services and related support services. To improve its products, INCA Internet may also upload information periodically from installed Software about product usage, detected malware or potentially unwanted files and use Service traffic to improve its data bases and heuristics. INCA internet products are not designed to capture or retain any personal or private information. You agree that INCA Internet may (i) use uploaded data from installed Software to improve products and services; (ii) share data that has been identified as malicious or unwanted content with worldwide affiliates and security partners; and (iii) use and disclose uploaded data for analysis or reporting purposes only if any such use, sharing or disclosure does not identify you or include any information that can be used to identify any individual person. INCA Internet reserves the title, ownership and all rights and interests to any intellectual property or work product resulting from its use and analysis of such information.
6. SUBSCRIPTION TERM. For paid service: The “Subscription Term” for paid service starts on the date you pay and get a purchase confirmation, and ends after 12, 24 or 36 months depending on the number of subscription months purchased. You must renew the Subscription Term to continue receiving applicable Subscription Services after the Subscription Term.
7. SIXTY (60) DAY MONEY BACK GUARANTEE:
If you are the original licensee of this copy of the Software and are not completely satisfied with it for any reason, please make no further use of the Software and visit the support section of this website and request for a refund of the money in the 1:1 Email Support section and you may obtain a full refund of the amount you originally paid for the Software (less shipping, handling, and any applicable taxes except in certain states and countries where shipping, handling and taxes are refundable) at any time during the sixty (60) day period following the date of purchase. After the sixty (60) day money back guarantee period, you will not be able to receive a refund (either full or partial) of any kind, even in the case of license cancellation.
8. USE RESTRICTIONS. The Software is licensed not sold. INCA Internet owns the title, copyright and the trade secret, patent rights and other intellectual property rights in the Software and the copyright in the documentation, and reserves all rights not expressly granted to you in this Agreement. You agree that you will not rent, loan, lease or sublicense the Software, use components of the Software separately or use the Software to provide services to others. You also agree not to attempt to reverse engineer, decompile, modify, translate, disassemble, discover the source code of, or create derivative works from, any part of the Software. You also agree not to authorize others to undertake any of these prohibited acts.
9. LIMITED LIABILITY. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. YOU ASSUME THE ENTIRE COST OF ANY DAMAGE RESULTING FROM YOUR USE OF THE SOFTWARE AND THE INFORMATION CONTAINED IN OR COMPILED BY THE SOFTWARE, AND THE INTERACTION (OR FAILURE TO INTERACT PROPERLY) WITH ANY OTHER HARDWARE OR SOFTWARE WHETHER PROVIDED BY THE COMPANY OR A THIRD PARTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF GOODWILL, WORK STOPPAGE, HARDWARE OR SOFTWARE DISRUPTION, IMPAIRMENT OR FAILURE, REPAIR COSTS, TIME VALUE OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, OR THE INCOMPATIBILITY OF THE SOFTWARE WITH ANY HARDWARE, SOFTWARE OR USAGE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN ANY ONE OR MORE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
10. LIMITED WARRANTY. INCA Internet warrants that the Software will perform substantially in accordance with the accompanying documentation for 30 days from the date of purchase. INCA Internet does not warrant that the Software will meet your requirements or that your use of the Software will be uninterrupted or error-free. Given the nature and volume of malicious and unwanted electronic content, INCA Internet does not warrant that the software or updates are complete or accurate or that they detect, remove or clean all, or only, malicious or unwanted application and files.
11. REMEDIES. This limited warranty is void if the software error is the result of accident, abuse, alteration, or misuse of the software or problems or errors resulting from the use of the software with programs that have similar functions or features or are incompatible with the software.
12. CONSUMER PROTECTION. Some Countries, states and provinces, including member states of the European economic area, do not allow certain exclusions or limitations of liability, so the above exclusion or limitation or limitation of liability and disclaimers of warranties may not fully apply to you. You may have additional rights and remedies. Such possible rights or remedies, if any, shall not be affected by this agreement.
13. BACK-UP. For as long as you use the Software, you agree regularly to back-up your Computer programs and files (“Data”) on a separate media. You acknowledge that the failure to do so may cause you to lose Data in the event that any error in the Software causes Computer problems, and that INCA Internet is not responsible for any such Data loss.
14. TERMINATION. INCA Internet may terminate your rights under this Agreement immediately and without notice if you fail to comply with any term or condition of this Agreement. Upon such termination, you agree to destroy all copies of the Software. You may terminate this Agreement at any point by destroying all copies of the Software.
15. GENERAL. This Agreement and specifications regarding number of Computers and Subscription Term constitute the entire agreement between you and INCA Internet. Unless the Software is subject to an existing, written contract signed by INCA Internet, this Agreement supersedes any prior agreement or understanding, whether written or oral, relating to the subject matter of this Agreement. In the event that any provision of this Agreement is found invalid, that finding will not affect the validity of the remaining parts of this Agreement.
16. GOVERNING LAW. This Agreement will be governed by the laws of Republic of Korea and by the international copyright regulations and treaties.
THE SOFTWARE IS PROTECTED BY INTELLECTUAL PROPERTY LAWS AND INTERNATIONAL TREATY PROVISIONS. UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS SUBJECT TO CIVIL AND CRIMINAL PENALTIES.
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