cPGuard License Agreement
cPGuard (the “Software”)
License Agreement Published Jan 2019. This License Agreement is a CONTRACT between you (either an individual or company) and us. “You” means the licensee. “We” and “us” means OPSSHIELD LLP, India.
Limited Non-Exclusive License
You acknowledge that you are acquiring only a limited non-exclusive license to use the Software (the “License”). We remain the owner of all right, title, and interest in the Software and in any copies of it. The License permits you to install one copy of the Software on one server. Additional installations require additional licenses. You agree not to make nor to permit the making of copies of the Software (including its documentation) except as authorized by this License Agreement or otherwise authorized in writing by us. You agree not to engage in nor to permit the decompilation, disassembly, or another reverse engineering of the Software. You agree not to disassemble and use the part of Software or as a whole without permission
YOU ACCEPT THE SOFTWARE “AS IS,” AND WE MAKE NO WARRANTY AS TO ITS USE, PERFORMANCE, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.
No Incidental or Consequential Damages
IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING FROM OR CONNECTED WITH THIS AGREEMENT OR YOUR USE OF THE SOFTWARE, regardless whether we know or have reason to know of the possibility of such damages.
Your Indemnity to Us
Independent of the foregoing provisions, you agree to defend and indemnify us against, and hold us harmless from, any and all claims, damages, losses, and expenses of any kind arising from or connected with the operation of your business.
If you materially breach this License Agreement, we may terminate your right to use the Software by an automatic process, with or without notification. You agree that, upon termination of the License, you will destroy all copies of the Software in your possession. Personal Information Control You agree to comply with all applicable laws, regulations, rulings, and orders of the EU, US and other countries (including but not limited to the GDPR,PDPA etc) in which you have operations relating to the protection, use, and distribution of personal information of your users or visitors on any devices which have the Program installed or stored. Further, you shall indemnify OPSSHIELD, India for any and all claims resulting from your violation of any such laws, regulations, rulings, or orders.
We do not process a refund for payments against license purchases. All products are sold “as is”. You assume the responsibility for your purchase, and no refunds will be issued.
We collect virus/bad files / IP Address of brute-force/web attack source/brute-force Request URI from customer servers to our cloud system to analyze and improve the virus/reputation database. This information will be used for our R&D and we will sync only reported bad files / IP Address to the cloud.
In order to provide the Services to you, OPSSHIELD may collect information from you including, but not limited to: (a) IP addresses, usernames and passwords necessary to login to SSH, Control Panel and the Licensed Server's root directory; (b) the usernames and passwords necessary to login into any affected accounts and other information that you voluntarily supply or that OPSSHIELD requests in order to resolve your Incident ((a) through (c) collectively, "Support Data"). OPSSHIELD will use commercially reasonable efforts to preserve the security of the Support Data by using reasonable physical and electronic security measures (except to the extent OPSSHIELD is required or permitted to disclose, access or use such information by Applicable Law). But OPSSHIELD cannot guarantee the security of such data. To the extent that Applicable Law requires that you obtain any consents, permissions or licenses from third parties (including Third Party Users) or to give any notices or disclaimers to third parties (including Third Party Users) prior to your disclosure of Support Data to OPSSHIELD, you agree to comply with such Applicable Laws prior to your disclosure of Support Data to OPSSHIELD. Though we take enough precautions to clean the shared data periodically, it is the responsibility of the customer to remove and revoke the data and access shared with OPSSHIELD support.
Entire Agreement, etc.
This written License Agreement is the exclusive agreement between you and us concerning the Software and supersedes any and all prior oral or written agreements, negotiations, or other dealings between us concerning the Software. This License Agreement may be modified by us at any time. Any such revisions will be posted online at our website at www.OPSSHIELD.com. We will make an attempt to notify you via email or via our social media accounts of any such revisions.