NOTICE TO ALL USERS: PLEASE READ THIS AGREEMENT CAREFULLY.
THIS AGREEMENT IS A BINDING LEGAL CONTRACT BETWEEN YOU (EITHER AN INDIVIDUAL OR A LEGAL ENTITY) AND WONTOK, INC. (HEREINAFTER REFERRED TO AS “WONTOK”, “US” OR “WE”) FOR USE OF THE SAFECENTRAL MOBILE SECURITY FOR ANDROID SOFTWARE (THE “SOFTWARE”) AND THE RELATED SERVICES ENABLED BY OR PROVIDED BY THE SOFTWARE, WHICH MAY INCLUDE ASSOCIATED MEDIA, PRINTED MATERIALS, AND “ONLINE” OR ELECTRONIC DOCUMENTATION (HEREAFTER DESIGNATED AS “SOFTWARE AND SERVICES"), ALL OF WHICH ARE PROTECTED BY INTERNATIONAL COPYRIGHT LAWS AND INTERNATIONAL TREATIES. BY SELECTING "I ACCEPT", "OK", "CONTINUE", "YES" OR BY COPYING, INSTALLING OR USING THE SOFTWARE IN ANY WAY, YOU ARE INDICATING YOUR COMPLETE UNDERSTANDING AND ACCEPTANCE OF THE TERMS OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS DO NOT INDICATE ASSENT AND DO NOT COPY, INSTALL, ACCESS OR USE THE SOFTWARE.
SOFTWARE REGISTRATION. By accepting this Agreement, You agree to register Your Software. Registration requires a valid product serial number and a valid email address. Registration is necessary for the activation of the online features, as stated in the Software Documentation.
GRANT OF LICENSE. The Software and Services are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold. This agreement only gives you limited rights to use Software. Wontok (on behalf of itself and its licensors) reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use Software and Services only as expressly permitted in this Agreement.
Wontok hereby grants you and only you a non-exclusive, limited, non-assignable, non-transferable, non-sub licensable and royalty-free license to use Software and Services for evaluation purposes only. The Software is being licensed to you during the evaluation period only and for evaluation purposes in a non-production environment only. The evaluation period shall be the period described in the correspondence providing the authentication key enabling your use of the Software. The evaluation period shall begin the day that you download the Software. At the end of the evaluation period, your right to use the Software shall terminate. Upon termination of the evaluation license you shall immediately uninstall the Software and destroy all related documentation and all copies. This requirement applies to copies in all forms, partial and complete, in all types of media and computer memory and whether or not modified or merged into other materials. We reserve the right to disable the Software at the end of the evaluation period. You agree that the results of your evaluation shall be the confidential information of Wontok and that you will not disclose, distribute or in any way publish the performance results for your evaluation of the Software to any third party.
You may install and use (for evaluation purposes only) the Software only on the number and type of mobile devices as have been authorized by Wontok in writing.
During the installation process, the Software and Services may uninstall or disable other security products if such products or features are incompatible with Software and Services.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SOFTWARE AND SERVICES AND ANY SERVICES AND RELATED DOCUMENTATION USED FOR EVALUATION PURPOSES ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTIES OF ANY KIND.
COPYRIGHT AND TRADEMARK; LICENSE RESTRICTIONS. All rights, titles and interest in and to the Software and Services and all trademark and copyright rights in and to the Wontok marks and logos, the marks and logos of Wontok’s licensors and the Software and Services (including but not limited to any images, photographs, logos, animations, video, audio, music, text, and “applets” incorporated into the Software and Services), the accompanying printed materials, and any copies of the Software are owned by Wontok and its respective licensors. The Software is protected by copyright laws and international treaty provisions. Therefore, you must treat the Software like any other copyrighted material. You may not copy the printed materials accompanying the Software. You must produce and include all trademark and copyright notices in their original form for all copies created irrespective of the media or form in which Software exists. You may not sub-license, rent, sell, resell, loan, lease, share or otherwise transfer, with or without consideration, the license granted to you herein. Except to the extent expressly permitted under applicable law, you may not reverse engineer de/recompile or disassemble, create derivative works, modify, translate, or make any attempt to reconstruct or to discover the source code for the Software or underlying ideas, algorithms, file formats, programming or interoperability interfaces. You may not permit third parties to benefit from the use or functionality of Software and Services. You may not remove any proprietary notices or labels on the Software and Services. All rights not expressly set forth here under are reserved by Wontok and its respective licensors.
TECHNICAL SUPPORT. Certain technical support features may be offered by Wontok during the evaluation period and may include live chat with a technical support consultant and/or assistance from a technical support consultant via telephone or remote computer access. If such features are offered and you choose to access such technical support it shall be governed by the following conditions: Any such technical support shall be provided in Wontok’s sole discretion without any guarantee or warranty of any kind. It is solely your responsibility to complete a backup of all your existing data, software and programs before receiving any technical support. In the course of providing the technical support, Wontok may determine that the technical issue is beyond the scope of the technical support. Wontok reserves the right to refuse, suspend or terminate any of the technical support in its sole discretion.
WONTOK (ON ITS OWN BEHALF AND ON BEHALF OF ITS LICENSORS) DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE AND SERVICES, ENHANCEMENTS, MAINTENANCE OR SUPPORT RELATED THERETO, OR ANY OTHER MATERIALS (TANGIBLE OR INTANGIBLE) OR SERVICES SUPPLIED BY WONTOK, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOSS OF DATA, COMPUTER FAILURE OR MALFUNCTION, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON INFRINGEMENT, ACCURACY OF DATA, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION, AND NON INTERFERENCE OF THIRD PARTY RIGHTS BY FILTERING, DISABLING, OR REMOVING SUCH THIRD PARTY'S SOFTWARE, SPYWARE, ADWARE, COOKIES, EMAILS, DOCUMENTS, ADVERTISEMENTS OR THE LIKE, WHETHER ARISING BY STATUTE, LAW, COURSE OF DEALING, CUSTOM AND PRACTICE, OR TRADE USAGE. Wontok does not warrant that Software and Services will be uninterrupted or error free or that the errors will be corrected. Wontok does not warrant that the Software and Services will meet your requirements Wontok is acting on behalf of its licensors, suppliers and marketing partners for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this Agreement, but in no other respects and for no other purpose. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.
The Software and Services, as provided under this Agreement, can contain features and functionalities that allow you to protect sensitive information on your computer. You will be required to provide a password in order to encrypt and protect such information. You will not be able to recover the information you have encrypted if you lose or forget the password. You acknowledge that the encryption may be broken. You also acknowledge that information that has been encrypted may not be unencrypted if your hard drive has bad sectors or fails. Wontok shall not be held responsible for access of your information where you have provided your password to a third party or have failed to use reasonable efforts to protect such information, password, answers to challenge questions or for user error.
IN NO EVENT WILL WONTOK BE LIABLE FOR LOSS OF PRODUCTION, LOSS OF OR CORRUPTION TO DATA, LOSS OF PROFITS OR OF CONTRACTS, LOSS OF OPERATION TIME OR LOSS OF GOODWILL OR ANTICIPATED SAVINGS OR ANY INDIRECT OR CONSEQUENTIAL LOSS, DAMAGE, COSTS OR EXPENSE OF ANY KIND WHATSOEVER AND HOWSOEVER CAUSED, WHETHER ARISING UNDER CONTRACT, NEGLIGENCE OR OTHERWISE, EVEN IF WONTOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES, DAMAGES, COSTS OR EXPENSES.
TO THE EXTENT THAT YOUR APPLICABLE STATE OR COUNTRY DOES NOT ALLOW THE LIMITATION OF DAMAGES OR EXCLUSION OF LIABILITY SET FORTH ABOVE, SUCH LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO CASE SHALL WONTOK'S LIABILITY EXCEED THE GREATER OF US$1,000 OR THE PURCHASE PRICE PAID BY YOU THE SOFTWARE AND SERVICES. The disclaimers and limitations set forth above will apply regardless of whether you accept to use, evaluate, or test the Software and Services.
We strongly recommend that you back up your data frequently. You shall at all times be under a duty to mitigate your loss.
IMPORTANT NOTICE TO USERS. THIS SOFTWARE IS NOT FAULT-TOLERANT AND IS NOT DESIGNED OR INTENDED FOR USE IN ANY HAZARDOUS ENVIRONMENT REQUIRING FAIL-SAFE PERFORMANCE OR OPERATION. THIS SOFTWARE IS NOT FOR USE IN THE OPERATION OF AIRCRAFT NAVIGATION, NUCLEAR FACILITIES, OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, DIRECT OR INDIRECT LIFE-SUPPORT SYSTEMS, AIR TRAFFIC CONTROL, OR ANY APPLICATION OR INSTALLATION WHERE FAILURE COULD RESULT IN DEATH, SEVERE PHYSICAL INJURY OR PROPERTY DAMAGE.
UPDATES. By accepting this Agreement, you acknowledge and agree that your system will be used for receiving and serving updates of the Software through a peer to peer protocol. The protocol will not be used for anything other than transmitting and receiving Software updates of signatures files.
CONSENT TO ELECTRONIC COMMUNICATIONS. Wontok may send you legal notices and other communications about the Software and Services or our use of the information you provide us (“Communications”). Wontok will send Communications via in-product notices or via email to the primary user's registered email address, or will post Communications on its website(s). By accepting this Agreement, you consent to receive all Communications through these electronic means only and acknowledge and demonstrate that you can access Communications on such websites.
DATA COLLECTION TECHNOLOGY- Wontok informs you that in certain programs or products it may use data collection technology to collect technical information (including suspect files), to improve the products, to provide related services, to adapt them and to prevent the unlicensed or illegal use of the product or the damages resulting from the Malware products. You accept that Wontok and its licensors may use such information as part of the services provided in relation to the product and to prevent and stop the Malware programs running on your computer.
By accepting this Agreement, you acknowledge and agree that the security technology used can scan the traffic in an impersonal mode to detect the Malware and to prevent the damages resulting from the Malware products. You acknowledge and accept that Wontok may provide updates or additions to the program or product, which automatically download to your mobile device. By accepting this Agreement, you agree to upload the executable files for the purpose of being scanned by the Wontok servers. Similarly, for the purpose of contracting and using the program, you may have to give Wontok or its licensors certain personal data. Wontok informs you that Wontok and its licensors will treat your personal data in accordance with current applicable legislation and as established in their respective privacy policies.
From time to time, the Software and Services may collect certain information from the mobile device on which it is installed, which may include:
Information on potential security risks as well as URLs of websites visited that the Software and Services deems potentially fraudulent. The URLs could contain personally identifiable information that a potentially fraudulent website is attempting to obtain without your permission. This information is collected by Wontok for the purpose of evaluating and improving the ability of Wontok’s products to detect malicious behavior, potentially fraudulent websites and other Internet security risks. This information will not be correlated with any personally identifiable information.
URLs of websites visited as well as search keywords and search results only if the browser toolbar feature is enabled. This information is collected by Wontok for the purpose of evaluating and advising you regarding potential threats and risks that may be associated with a particular website before you view it. This information will not be correlated with any personally identifiable information.
Executable files that are identified as potential malware, including information on the actions taken by such files at the time of installation. These files are submitted to Wontok using the Software and Services' automatic submission function. The collected files could contain personally identifiable information that has been obtained by the malware without your permission. Files of this type are being collected by Wontok only for the purpose of improving the ability of Wontok’s products to detect malicious behavior. Wontok will not correlate these files with any personally identifiable information that you have provided to Wontok in connection with registering the Software and Services. Such automatic submission function may be deactivated after installation by following the instructions in the documentation for the Software and Services.
Status information regarding installation and operation of the Software and Services. This information indicates to Wontok whether installation of the Software and Services was successfully completed as well as whether the Software and Services has encountered an error. The status information could contain personally identifiable information only if such information is included in the name of the file or folder encountered by the Software and Services at the time of installation or error. The status information is collected by Wontok for the purpose of evaluating and improving the Software’s product performance and installation success rate. This information will not be correlated with any personally identifiable information that you have provided to Wontok in connection with registering for the Software and Services.
Information contained in a report that you may choose to send through the Software and Services to Wontok when the Software and Services encounter a problem. The report includes information regarding the status of both the Software and Services and your mobile device at the time that the Software and Services encountered the problem. The status information about your mobile device may include the system language, and the operating system version for your mobile device, as well as the processes running, their status and performance information, and data from files or folders that were open at the time the Software and Services encountered the problem. The information could contain personally identifiable information if such information is included in, or is a part of the name of the files or folders open at the time the Software and Services encountered the problem. This information will be sent to Wontok only with your permission, and will not be sent automatically. The information is collected by Wontok for the purpose of correcting improving the Software and Services performance. This information will not be correlated with the encountered problem or with any personally identifiable information that you have provided to Wontok in connection with registering for the Software and Services.
The Internet Protocol (IP) address of the mobile device on which the Software is installed, as well as other general, statistical information used for license administration, product analysis, and for improving product functionality. This information will not be correlated with any personally identifiable information.
The collected information as set out above is necessary for the purpose of optimizing the functionality of the Software and Services and may be transferred to Wontok and its affiliates and its licensors in the United States or other countries that may have less protective data protection laws than the region in which you are situated (including the European Union), but Wontok and its affiliates and licensors have taken steps so that the collected information, if transferred, receives an adequate level of protection.
Wontok reserves the right to cooperate with any legal process and any law enforcement or other government inquiry related to your use of this Software and Services . This means that Wontok may provide documents and information relevant to a court subpoena or to a law enforcement or other government investigation. In order to promote awareness, detection and prevention of Internet security risks, Wontok may share certain information with research organizations and other security software vendors.
Wontok may also use statistics derived from the information to track and publish reports on security risk trends. By using the Software and Services, you acknowledge and agree that Wontok may collect, transmit, store, disclose and analyze such information for these purposes. You declare that all the data that you provide will be true and accurate and undertakes to inform Wontok of any changes to said data. You have the right to object to the processing of any of such data which is not essential for the execution of the agreement and to its use for any purpose other than the maintenance of the contractual relationship.
In the event that you provide the details of a third-party, Wontok shall not be held responsible for complying with the principles of information and consent, and it shall therefore be you that guarantees to have previously informed and obtained the consent of the owner of the data, with regards to communicating such data.
In addition to Software and Services registration information, Wontok must process and store certain information about your network and equipment to provide maintenance and related support services. To improve its products, Wontok may also upload information periodically from installed Software and Services about product usage, detected malware or potentially unwanted files and use Service traffic to improve its data bases and heuristics. The Software and Services are not designed to capture or retain any personal or private information. You agree that Wontok may (i) use uploaded data from installed Software and Services to improve products and services; (ii) use uploaded data for analysis or reporting purposes only if any such use does not identify you or include any information that can be used to identify any individual person. Wontok reserves the title, ownership and all rights and interest to any intellectual property or work product resulting from its use and analysis of such information.
GENERAL. This Agreement will be governed by the laws of Florida and by international copyright regulations and treaties. The exclusive jurisdiction and venue to adjudicate any dispute arising out of these License Terms shall be of the state or federal courts in Palm Beach County, Florida. Nothing in this License Agreement 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.
In the event of invalidity of any provision of this Agreement, the invalidity shall not affect the validity of the remaining portions of this Agreement.
Wontok and SafeCentral Mobile Security for Android trademarks, service marks and logos are the property of Wontok. All other trademarks, service marks and logos used in the product or in associated materials are the property of their respective owners.
The license will terminate immediately without notice if you are in breach of any of its terms and conditions. You shall not be entitled to a refund from Wontok or any re sellers of the Software and Services as a result of termination. The terms and conditions concerning confidentiality and restrictions on use shall remain in force even after any termination.
Wontok may revise these terms at any time and the revised terms shall automatically apply to the corresponding versions of the Software and Services distributed with the revised terms. If any part of these terms is found void and unenforceable, it will not affect the validity of rest of the terms, which shall remain valid and enforceable.
In case of controversy or inconsistency between translations of these terms to other languages, the English version issued by Wontok shall prevail.
Contact Wontok, Inc., 7121 Fairway Drive, Suite 105, Palm Beach Gardens, Florida 33418; 561-472-5200, e-mail address: firstname.lastname@example.org.
Copyright (c) 2014 Wontok INT. LTD. All rights reserved.