AMERITEC IPS, LLC
END USER LICENSE AGREEMENT
THIS DOCUMENT IS A LEGAL CONTRACT. PLEASE READ IT CAREFULLY. These End User License Terms (“Terms”) govern your access to and use of the zIPS or zIAP client-side mobile application software (the “Software”) provided by Ameritec IPS, LLC (“Ameritec IPS.”, “we”, or “us”), and the zCONSOLE cloud-based software-as-a-service application that we make available through or in connection with the Software (the “Cloud Application”).
Your use of and access to the Software and Cloud Application are conditioned on your compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. By installing the Software or by using the Software or Cloud Application you are indicating that you understand and agree to abide by these Terms. If the Software or Cloud Application is to be used by or on behalf of a company or other organization, the individual expressing acceptance of these Terms represents and warrants that he or she has the authority to bind that company or other organization to these Terms, and “you,” and “your” will refer to that company or other organization. If you do not accept all of these Terms, then we are unwilling to license the Software or make the Cloud Application available to you, and you must delete all copies of the Software without retaining any copies thereof.
Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable license for 365 days base on the date of purchase: (i) install one copy of the Software on each compatible mobile device for which we have issued you a valid license key for that Software (each, an “Authorized Device”); and (ii) use the Software on each such Authorized Device, and access and use the Cloud Application in connection with your Authorized Device(s), solely for your own personal or internal business use during the license period for which we have issued you the applicable license key(s). The foregoing rights may be suspended or terminated as set forth in these Terms. For non-evaluation and other paid licenses, the foregoing rights are also conditioned upon your timely payment and our receipt of all associated fees (as specified by us at the time you selected the license) and applicable taxes, if any.
Your rights with respect to the Software and Cloud Application are limited to those expressly granted in Section 2 above. Ameritec IPS. and its licensors reserve sole and exclusive ownership of the Software and Cloud Application and all copyrights, patents, trademarks, and other intellectual property rights therein. You may not remove, alter, or obscure any copyright, trademark, or other proprietary rights notices appearing on the Software or Cloud Application. If you provide us with any suggestions, comments, or other feedback regarding the Software or Cloud Application (“Feedback“) you acknowledge that such Feedback will become the exclusive property of Ameritec IPS., and we may use (or not use) any such Feedback in any manner and for any purpose, without compensation to you and without implying or creating any interest on your part in any of our products or services that may be based on such Feedback. You hereby irrevocably assign to us all right, title, and interest in any Feedback you provide.
The Cloud Application and Software may change from time to time (for example, we may push updates to your Authorized Device, increase or decrease server capacity, or modify our user interface), and/or we may stop providing the Cloud Application or any of its features (permanently or temporarily), possibly without prior notice to you. In the case of paid licenses, however, we will not discontinue the essential features of the Software or Cloud Application during your paid license period without offering a reasonable substitute or alternative. We may decide to charge users a fee for the use of certain features, although if we do, we will provide you with prior notice before such fees take effect.
The Software and Cloud Application may also collect “Forensic Data”, defined here as information about the attacker when and if such an attack occurs. When an attack occurs, Forensic Data collected may include but is not limited to the following:
Device Data and Forensic Data together, are hereinafter referred to as “Data”. The exact nature of any Data collected is determined by the entity that made the Software available to you.
Ameritec IPS. cares about your data privacy and wants to be transparent about the following:
Ameritec IPS. has made changes to our Software, Cloud Application and our privacy statement. These changes align with the standards established by the General Data Protection Regulation (GDPR). This regulation is a set of laws passed in the European Union. Ameritec IPS. respects your personal data, and never sells it to third parties.
For more information on GDPR and limiting personally identifiable information (PII) data, see the following website: https://www.eugdpr.org/
For an end user with the zIPS application, Ameritec IPS. supports the following user requests:
For each of these requests the user can:
This is requested on the Ameritec IPS. Customer Support Portal by entering a ticket on this website: https://ameritecips.com
Note: The “Right to be Forgotten” request causes your information to be permanently removed and going forward you will be an anonymous user to the Software and Cloud Application. This request cannot be rolled back or undone.
As part of making the Cloud Application available to you, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Cloud Application, which you may not be able to opt- out from receiving.
The Software and/or Cloud Application may be accompanied by or utilize certain third-party software components, libraries or applications that are distributed (with or without modifications) under open-source licensing terms (the “Open-Source Components”). Your rights with respect to the Open-Source Components are, to the extent of any conflict with these Terms, governed by and subject to the terms of the open-source licenses under which they are distributed. You are responsible for complying with those licenses. Please refer to our website for more specific information regarding the Open-Source Components that we redistribute and the licenses that apply to them. You may not assume or infer that we endorse, or that we have reviewed, verified, or authenticated, any Open-Source Components or other third-party software that may be furnished with, available through, or used in connection with the Software or Cloud Application. Open- Source Components and any other third-party software, and the information or results provided by them, may be unreliable, inaccurate, incomplete, delayed, or otherwise defective. We make no representations, warranties, or guarantees in connection with any third-party software or the information or results provided by it. You acknowledge sole responsibility for and assume all risk arising from your use of or reliance on any third-party software.
We may (but are not required to) monitor the use of the Software and Cloud Application, including by tracking the device IDs and license keys associated with the Authorized Devices on which the Software is used, for purposes of verifying compliance with these Terms. In addition, you agree to track and keep records of the individual users and Authorized Device(s) using the Software and promptly notify us if you learn of any unlicensed use. At our written request, you will provide us with a certification signed by you (or, if you are an organization, by an officer of the organization) verifying that the Software and Cloud Application are being used in compliance with these Terms. We may, at any time during the term of your license or for one year thereafter, upon reasonable written notice, audit your use of the Software. We may use a third-party organization to assist us in conducting such an audit. You agree to cooperate with us in such audit and will promptly make available to us all information, equipment and materials reasonably required by us to conduct such an audit. If an audit reveals that you have underpaid any license or service fees for the period audited, you agree to promptly pay us for such underpaid fees based on our price list in effect at the time the audit is completed. If the underpaid fees exceed five percent (5%) of the fees you paid for the relevant period, then you also agree to pay our reasonable costs of conducting the audit.
Your rights under these Terms will expire at the end of the period(s) for which you have acquired a valid license key from us for the Software. The Software may cease to function once the license key has expired. Any license renewals or extensions will be subject to availability and your payment of all applicable fees as then in effect. We have no obligation to offer license renewals or extensions, and we may condition renewals upon your acceptance of revised or new terms and conditions. Your rights under these Terms will automatically terminate, and we may suspend or terminate your Account and your use of the Software and Cloud Application, immediately and without notice if you breach any of these Terms. In addition, we may suspend your Account and your use of the Software and Cloud Application as we deem appropriate to prevent, investigate, or otherwise address any suspected misuse of the Software or Cloud Application. Upon expiration or termination of these Terms or your Account, you agree to promptly and permanently delete all copies of the Software that are on the Authorized Device(s) or otherwise in your possession or control. The provisions of Sections 3, 4, 10, and 12 through 17 will survive any expiration or termination of these Terms.
We have no software maintenance or technical support obligations under these Terms. We may from time to time offer maintenance and support services or other add-on services for the Software or Cloud Application for you to purchase. Any add-on services will be subject to such separate fees and contract terms and conditions as we may specify when offering those services.
You agree to comply fully with all relevant export laws and regulations of the United States and other applicable jurisdictions to ensure that neither the Software nor Cloud Application, nor any direct product thereof, are: (i) downloaded or otherwise exported or re-exported directly or indirectly in violation of such export laws and regulations; or (ii) used for any purposes prohibited by the such export laws and regulations, including but not limited to nuclear, chemical, or biological weapons proliferation.
The Software and Cloud Application consist of “commercial items,” “commercial computer software” and “commercial computer software documentation,” as those terms are used in FAR Subpart 12.2, DFARS 227.7202 and other government acquisition regulations, as applicable. Any use, duplication, or disclosure of the Software or Cloud Application by the U.S. government is permitted solely as expressly provided in Section 2 above and is subject to restrictions as set forth in these Terms.
These Terms will be governed by and construed in accordance with the laws of the State of California, without regard to or application of conflict of laws rules or principles. The parties to these Terms irrevocably consent to the jurisdiction of, and venue in, the state or federal courts located in the State of California for any disputes arising under these Terms. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect. You may not assign, delegate or transfer these Terms or any of your rights or obligations hereunder without our prior written consent, and any attempt to do so will be void. We may assign these Terms without your consent. These Terms constitute the entire agreement between you and us regarding the Software and Cloud Application, and they supersede and replace any prior agreements and understandings between you and us regarding the Software or Cloud Application.
If you have any questions regarding these Terms, please contact us via email at:support@ameritecps..com
Agreement version: August 20, 2020
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