This End-User License Agreement ("EULA") is a legal agreement between you and SearchHelp, Inc. in the software which you are installing now (herein after referred to as the "Software"). In consideration of the license fee, which is a part of the price you paid for this product, we grant you (the "Licensee"), a non-exclusive software license to use the Software and related documentation. Any other software provided along with the Software that is associated with a separate end-user license agreement is licensed to you under the terms of that license agreement. You agree to be bound by the terms of this EULA by installing, copying, downloading, accessing or otherwise using the Software. If you do not agree, we are unwilling to license the Software to you. In such event, you may not use, copy or register the Software, and you should promptly contact us at www.SearchHelp.com/returns for instructions on return of the unused product(s) in accordance with our return policies. The terms of this license are as follows:
1. You may use the Sentry Software on one computer for the child's installation. Installation and use of the Software products mentioned above are to be installed on a PC computer (desktop or laptop) which has the Windows 2000, XP, and Vista (Home and Professional) operating system. Notwithstanding anything contrary contained herein, you may not use the Software on any non-PC product or on any embedded or device versions of the above operating systems, including, but not limited to, mobile devices, internet appliances, set top boxes (STB), handhelds, PDAs, phones, web pads, tablets, game consoles, TVs, DVDs, gaming machines, home automation systems, kiosks or any other consumer electronics devices or mobile/cable/satellite/ television or closed system based service. A license for the Software may not be shared, installed or used concurrently on different computers.
You agree that we may audit your use of the Software for compliance with these terms at any time, upon reasonable notice. In the event that such audit reveals any use of the Software by you other than in full compliance with the terms of this Agreement, you shall reimburse SearchHelp, Inc. for all reasonable expenses related to such audit in addition to any other liabilities you may incur as a result of such non-compliance.
Your license rights under this EULA are non-exclusive.
2. As the Licensee, you own only the physical media on which the Software is recorded. All copyright and other intellectual property rights in the Software are owned by SearchHelp, Inc.
3. You are required to protect the copyright of the Software. You may NOT distribute or otherwise make the Software or documentation available to any third party without the prior written consent of SearchHelp, Inc. You may be held legally responsible for any copyright infringement that is caused or encouraged by your failure to abide by the terms of this license.
4. You may NOT:
(a.) use, copy, modify, alter, or transfer the Software or the operation manual except as expressly provided in this license;
(b.) translate, disassemble, decompile, reverse program or otherwise reverse engineer the Software;
(c.) sublicense or lease the Software or its documentation; or
(d.) use the Software in a multi-user, network, or multiple computer environments or in a rental, time sharing or computer service business. Any portion of the Software that is merged into or used in conjunction with other software will continue to be the property of SearchHelp, Inc., and will be subject to the terms of this EULA.
You shall not use the Software to develop any software or other technology having the same primary function as the Software, including but not limited to using the Software in any development or test procedure that seeks to develop like software or other technology, or to determine if such software or other technology performs in a similar manner as the Software.
5. You are permitted to copy the Software for exclusive use as your working or back-up copy. Any such copy must contain the same copyright notice and proprietary marking as the original Software.
6. In no event may you transfer, assign, rent, sell, or otherwise dispose of the Software or this EULA to any other person, on a temporary or permanent basis, except with the prior written consent of SearchHelp, Inc. Any authorized transferee of the Software shall be bound by the same terms and conditions of this EULA and, in such case your rights under this EULA will be automatically terminated. .
7. This EULA is effective until terminated. This EULA will terminate automatically without notice from SearchHelp, Inc. if you fail to comply with any provision of this Agreement. Upon termination you will uninstall or destroy the Software together with all copies and modifications in any form.
8. To the maximum extent permitted by law and provided that the statutory rights of a consumer are not affected, we exclude all warranties, whether express or implied, with respect to the software and the accompanying written materials. We do not warrant, guarantee, or make any representations regarding the use or the results of the use, of the software and the accompanying written materials in terms of correctness, accuracy, reliability or otherwise; the entire risk as to the results and the performance of the Software is assumed by the licensee.
9. You may receive the Software in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for the computer. You may not use or install the other medium on another computer. You may not loan, rent, lease, lend or otherwise transfer the other medium to another user.
10. You acknowledge that the Software is of U.S. origin. You agree to comply with all applicable international and national laws that apply to these products, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments.
11. We warrant that the Software will perform substantially in accordance with the accompanying written or online materials for a period of ninety (90) days from the date of receipt. This warranty is exclusive and in lieu of all other warranties, express or implied.
LIMITED WARRANTY
12. SEARCHHELP, INC. AND ITS AFFILIATES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED ON OR IN ALL SEARCHHELP, INC. WEBSITES OR SOFTWARE PROGRAMS OR APPLICATIONS FOR ANY PURPOSE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THIS SOFTWARE IS SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE OR IN ANY WAY RESPONSIBLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT ECONOMIC LOSS OR PROPERTY DAMAGE CAUSED AS A RESULT OF YOUR USE OF THE SOFTWARE OR ITS DOCUMENTATION. BECAUSE OF THE VARIOUS HARDWARE AND SOFTWARE ENVIRONMENTS INTO WHICH THE SOFTWARE MAY BE PUT, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS OFFERED. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THE TOTAL LIABILITY OF SEARCHHELP, INC. AND/OR ITS AFFILIATES TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SOFTWARE THAT CAUSED SUCH DAMAGE.
This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
13. You assume the entire risk of using the Software.
14. SearchHelp, Inc. and its affiliates obtain publicly available information about registered sex offenders from web sites maintained by the Department of Justice and the various states. SearchHelp, Inc. and its affiliates have neither responsibility for nor control over the information available from such web sites. SearchHelp, Inc. and its affiliates do not guarantee the accuracy, completeness, or timeliness of the information contained in such web sites regarding specific offenders or with respect to the omission of information about other offenders who may be residing, working, or attending school in the vicinity of any location that is the subject of any search using the Software. In this regard, SearchHelp, Inc. and its affiliates accept no responsibility or liability for damages of any kind resulting from reliance on this information or lack thereof.
It is possible that information accessed or obtained using the Software may not reflect current residences, employment, school attendance, or other information regarding such individuals, and users are forewarned that it is incumbent upon them to verify information. Any user seeking more information or verification should communicate with the responsible state agency and/or the local law enforcement agency where the offender resides, works, or attends school, as appropriate.
Federal and/or state laws prohibit any person who uses information contained in or accessed through the web sites maintained by the Department of Justice and the various states from threatening, intimidating, or harassing any individual, including registrants or family members, or otherwise misusing such information. A person who violates this prohibition may be subject to criminal prosecution or civil liability. The Software should not be used for the purpose of threatening, intimidating, or harassing anyone. SearchHelp, Inc. and its affiliates assume no responsibility or liability for the use of the Software for such illegal purposes.
By using the Software, you agree to waive any and all rights that you may or might have against SearchHelp, Inc. and its affiliates, arising out of use of and/or reliance on the information about registered sex offenders provided in connection with the Software.
15. Modifications of Agreement. SearchHelp, Inc. may modify this EULA or the Software at any time without providing notice to you. Such modification will be made by posting a revised EULA on our web site and such modification shall be deemed effective immediately upon posting of the modified EULA. Your continued access or use of the Software shall be deemed your acceptance of the modified EULA. You agree to check our web site periodically to review such modifications.
16. General
This EULA shall be governed by the internal laws of the State of New York, without giving effect to principles of conflict of laws, and you hereby consent to the exclusive jurisdiction of such courts in the State of New York to resolve any disputes arising under this EULA. In each case this EULA shall be construed and enforced without regard to the United Nations Convention on the International Sale of Goods.
This EULA contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. You agree that any varying or additional terms contained in any purchase order or other written notification or document issued by you in relation to the Software licensed hereunder shall be of no effect. The failure or delay of SearchHelp, Inc. or its affiliates to exercise any of their rights under this EULA or upon any breach of this EULA shall not be deemed a waiver of those rights or of the breach.
If any provision of this EULA shall be held by a court of competent jurisdiction to be contrary to law, such provision will be enforced to the maximum extent permissible and the remaining provisions of this EULA will remain in full force and effect.
All questions concerning this EULA shall be directed to: SearchHelp, Inc., 6800 Jericho Tpke - Suite 208E, Jericho, 11791 New York, attention: General Counsel.
The trademarks or servicemarks contained in the Software are trademarks or servicemarks of SearchHelp Inc. in the United States and/or other countries. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners. You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Software.
Privacy Policy
What This Privacy Policy Covers
ï This policy covers how SearchHelp treats personal information that SearchHelp collects and receives, including information related to your past use of SearchHelp products and services. Personal information is information about you and your child that is personally identifiable like your name, address, email address, or phone number, and that is not otherwise publicly available.
ï This policy does not apply to the practices of companies that SearchHelp does not own or control or to people that SearchHelp does not employ or manage.
Information Collection and Use
General
ï SearchHelp collects personal information when you register with SearchHelp, when you or your child uses SearchHelp products or services, when you visit SearchHelp pages or the pages of certain SearchHelp partners, and when you enter promotions or sweepstakes. SearchHelp may combine information about you that we have with information we obtain from business partners or other companies.
ï When you register we may ask for information such as your name, email address, birth date, gender, ZIP code, occupation, industry, and personal interests. When you register with SearchHelp and sign in to our services, you and your child are not anonymous to us.
ï SearchHelp collects information about your transactions with us and with some of our business partners, including information about your use of products and services that we offer.
ï SearchHelp automatically receives and records information on our server logs from your childís browser and chat clients, including IP address, SearchHelp cookie information, and the page requested.
ï SearchHelp uses information for the following general purposes: to customize the advertising and content you see, fulfill your requests for products and services, improve our services, contact you, conduct research, and provide anonymous reporting for internal and external clients.
Children
ï SearchHelp does not contact children of any age about special offers or for marketing purposes.
ï SearchHelp does not ask a child of any age for additional personal information.
ï SearchHelp does not read or disclose private communications except to comply with a valid legal process such as a search warrant, to protect the companyís rights and property. As a parent using our monitoring tool, it is up to you to read data logged by SearchHelp applications to monitor your childís online behavior, your childís interaction with others on the Internet, and determine if your childís safety is at risk.
ï SearchHelp will never provide personally identifiable information about your child to any party.
Information Sharing and Disclosure
ï SearchHelp does not rent, sell, or share personal information about you with other people or non-affiliated companies except to provide products or services you've requested, when we have your permission, or under the following circumstances:
o We provide the information to trusted partners who work on behalf of or with SearchHelp under confidentiality agreements. These companies may use your personal information to help SearchHelp communicate with you about offers from SearchHelp and our marketing partners. However, these companies do not have any independent right to share this information.
o We have a parent's permission to share the information if the user is a child under age 13. Parents have the option of allowing SearchHelp to collect and use their child's information without consenting to SearchHelp sharing of this information with people and companies who may use this information for their own purposes.
o We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims.
o We believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of SearchHelp's terms of use, or as otherwise required by law.
o We transfer information about you if SearchHelp is acquired by or merged with another company. In this event, SearchHelp will notify you before information about you is transferred and becomes subject to a different privacy policy.
ï SearchHelp displays targeted advertisements based on personal information. Advertisers (including ad serving companies) may assume that people who interact with, view, or click targeted ads meet the targeting criteria-for example, women ages 18-24 from a particular geographic area.
o SearchHelp does not provide any personal information to the advertiser when you interact with or view a targeted ad. However, by interacting with or viewing an ad you are consenting to the possibility that the advertiser will make the assumption that you meet the targeting criteria used to display the ad.
o SearchHelp advertisers include financial service providers (such as banks, insurance agents, stock brokers and mortgage lenders) and non-financial companies (such as stores, airlines, and software companies).
ï SearchHelp works with vendors, partners, advertisers, and other service providers in different industries and categories of business.
Cookies
ï SearchHelp may set and access SearchHelp cookies on your computer.
ï SearchHelp lets other companies that show advertisements on some of our pages set and access their cookies on your computer. Other companies' use of their cookies is subject to their own privacy policies, not this one. Advertisers or other companies do not have access to SearchHelp's cookies.
Your Ability to Edit and Delete Your Account Information and Preferences
General
ï You can edit your SearchHelp account, including your marketing preferences at any time.
ï New categories of marketing communications might be added to the Settings option in the Control Panel from time to time. Users who visit the Control Panel can opt out of receiving future marketing communications from these new categories or they can unsubscribe by following instructions contained in the messages they receive.
ï We reserve the right to send you certain communications relating to the SearchHelp service, such as service announcements, administrative messages and the SearchHelp Newsletter, that are considered part of your SearchHelp account, without offering you the opportunity to opt out of receiving them.
ï You can delete your SearchHelp account by visiting our Account page; however, information might possibly remain in our archived records after your account has been deleted.
Children
ï Parents can review, edit, and delete information relating to their child's SearchHelp account using tools offered in the productsí Control Panel.
ï If a parent chooses not to allow us to further collect or use a child's information, parents enrolled in SearchHelp can delete their child's account by signing into that child's account and then using the Control Panel. However, information might possibly remain in our archived records after your account has been deleted.
Confidentiality and Security
ï We limit access to personal information about you to employees who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs.
ï We have physical, electronic, and procedural safeguards that comply with federal regulations to protect personal information about you.
Changes to this Privacy Policy
ï SearchHelp may update this policy. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your SearchHelp account or by placing a prominent notice on our site.
Questions and Suggestions
ï If you have questions or suggestions, you can contact us at: info@searchhelp.com
SearchHelp Inc.
6800 Jericho Turnpike, Suite 208E
Syosset, NY 11791
(516) 922-4765