USER LICENSE AGREEMENT

Keylogger Software

Please, read carefully this License Agreement before You will start using the Software.

CKM SYSTEMS, LLC ("CKM") is willing to license the Keylogger Software defined below, related documentation, and any other material or information relating to such software provided by CKM SYSTEMS to you (“Licensee”) ONLY IF YOU ACCEPT ALL OF THE TERMS IN THIS LICENSE AGREEMENT (“License”).
CKM SYSTEMS is not willing to make the Keylogger Software available under any other terms or subject to any other conditions.

BEFORE YOU CHOOSE THE “I accept” BUTTON AT THE BOTTOM OF THIS WINDOW, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS LICENSE.
BY CHOOSING THE “I accept” BUTTON YOU ARE REPRESENTING THAT YOU HAVE THE CAPACITY AND AUTHORITY TO BIND YOURSELF, AS APPLICABLE, TO THE TERMS OF THIS LICENSE AND CONSENTING ON BEHALF OF YOURSELF, AS APPLICABLE, TO BE BOUND BY THIS LICENSE. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE, OR DO NOT REPRESENT THE FOREGOING, CHOOSE THE “I don't accept” BUTTON, IN WHICH CASE YOU WILL NOT AND MAY NOT RECEIVE, INSTALL OR USE THE KeyLogger Software. Any use of the KeyLogger Software other than pursuant to the terms of this License is a violation of international copyright laws and conventions.

Should you have any questions regarding this License, or should you wish to reject this License and obtain a refund of the purchase price (if applicable), you must write to: CKM SYSTEMS, Andropova 22, Moscow, Russia. E-mail: info@ckm.ru

1.  DEFINITIONS

“Software” - CKM’s Keylogger Software and any and all other CKM applications and tools and related documentation that CKM may provide to Licensee in conjunction with the Keylogger Software.

2.  GRANT OF LICENSE

Subject to the terms and conditions of this License, CKM hereby grants to Licensee a limited, personal, non-exclusive, non-sublicensable, non-transferable license to install on magnetic or optical media and use ONE (1) copy of the Software.

The license granted to Licensee is expressly made subject to the following limitations: Licensee may not itself (and shall not permit any third party to): (I) copy, other than as expressly permitted, all or any portion of the Software, except that Licensee may make one copy of the Software for archival purposes for use by Licensee only in the event the Software shall become inoperative; (II) modify or translate the Software; (III) modify, alter, or use the software so as to enable more extensions than are authorized in the relevant software purchase agreement; (IV) reverse engineer, decompile or disassemble the Software, in whole or in part, (V) use the Software to directly or indirectly provide a time-sharing or subscription service to any third party or to function as a service bureau or application service provider; (VI) create derivative works based on the Software, except in accordance with clause (II) of this paragraph; (VII) publicly display the Software; (VIII) rent, lease, sublicense, sell, market, distribute, assign, transfer, or otherwise permit access to the Software to any third party; (IX) install and use the Software unless Licensee has installed on such magnetic or optical medium a valid, licensed copy of an operating system compatible with said Software, (X) exercise any right to the Software not expressly granted in this License.

3.  OWNERSHIP OF SOFTWARE

This License does not convey to Licensee an interest in or to the Software, but only a limited right of use revocable in accordance with the terms of this License. The Software is NOT sold to Licensee. CKM own all right, title and interest in and to the Software. No license or other right in or to the Software is granted to Licensee except for the rights specifically set forth in this License. Licensee hereby agrees to abide by all applicable laws and international treaties.

4.  UPDATES AND SUPPORT

CKM may modify the Software at any time, for any reason, and without providing notice of such modification to Licensee. This License will apply to any such modifications which are rightfully obtained by Licensee unless expressly stated otherwise. This License does not grant Licensee any right to any maintenance or services, including without limitation, any support, enhancement, modification, bug fix or update to the Software and CKM is under no obligation to provide or inform Licensee of any such updates, modifications, maintenance or services.

5.  CONFIDENTIALITY

Licensee acknowledges that the Software and certain other materials are confidential as provided herein. CKM’s and its licensors’ proprietary and confidential information includes any and all information related to the services and/or business of CKM or its licensors that is treated as confidential or secret by CKM or its licensors (that is, it is the subject of efforts by CKM, or its licensors, as applicable, that are reasonable under the circumstances to maintain its secrecy), including, without limitation, (I) the Software; (II) any and all other information which is disclosed by CKM to Licensee orally, electronically, visually, or in a document or other tangible form which is either identified as or should be reasonably understood to be confidential and/or proprietary; and, (III) any notes, extracts, analysis, or materials prepared by Licensee which are copies of or derivative works of CKM’s or its licensors’ proprietary or confidential information from which the substance of Confidential Information can be inferred or otherwise understood (the “Confidential Information”).

Confidential Information shall not include information which Licensee can clearly establish by written evidence: (a) already is lawfully known to or independently developed by Licensee without access to the Confidential Information, (b) is disclosed in non-confidential published materials, (c) is generally known to the public, or (d) is rightfully obtained from any third party without any obligation of confidentiality.

Licensee agrees not to disclose Confidential Information to any third party and will protect and treat all Confidential Information with the highest degree of care.  Except as otherwise expressly provided in this License, Licensee will not use or make any copies of Confidential Information, in whole or in part, without the prior written authorization of CKM.  Licensee may disclose Confidential Information if required by statute, regulation, or order of a court of competent jurisdiction, provided that Licensee provides CKM with prior notice, discloses only the minimum Confidential Information required to be disclosed, and cooperates with CKM in taking appropriate protective measures.  These obligations shall continue indefinitely following termination of this License with respect to Confidential Information.

6.  NO WARRANTY AND DISCLAIMER OF LIABILITY

THE SOFTWARE IS WARRANTED TO SUBSTANTIALLY CONFORM TO ITS WRITTEN DOCUMENTATION FOR A PERIOD OF THIRTY (30) DAYS FOLLOWING SHIPMENT OR DOWNLOAD. AS YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF A BREACH OF THIS WARRANTY, CKM WILL, AT ITS OPTION, REPLACE THE SOFTWARE WITH CONFORMING SOFTWARE. CKM AND ITS LICENSORS DO NOT MAKE ANY, AND HEREBY SPECIFICALLY DISCLAIM ANY, OTHER REPRESENTATIONS, ENDORSEMENTS, GUARANTIES, OR WARRANTIES, EXPRESS OR IMPLIED, RELATED TO THE SOFTWARE INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. CKM does not warrant that use of the Software, or Licensee’s ability to use the Software will be uninterrupted, virus free or error free.  Licensee acknowledges that CKM does not guarantee compatibility between the Software and any future versions thereof. Licensee acknowledges that CKM does not and cannot guarantee that Licensee’s computer environment will be free from unauthorized intrusion or otherwise guarantee the privacy of Licensee’s information. Licensee will have sole responsibility for the adequate protection and backup of Licensee’s data and/or equipment used with the Software. The entire risk as to the quality and performance of the Software and any obligation with respect to service and support is borne by Licensee.

LICENSEE’S SOLE EXCLUSIVE REMEDY FOR ANY CLAIM ARISING UNDER THIS LICENSE OR FROM USE OF THE SOFTWARE IS THAT CKM WILL USE COMMERCIALLY REASONABLE EFFORTS TO ISSUE LICENSEE REPLACEMENT FOR ANY DEFECTIVE SOFTWARE OR MEDIA. CKM AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS AND AGENTS (THE “CKM PARTIES”) SHALL NOT BE LIABLE UNDER ANY LEGAL THEORY FOR ANY DAMAGES SUFFERED IN CONNECTION WITH THE USE OF THE SOFTWARE, INCLUDING WITHOUT LIMITATION, INDIRECT, SPECIAL, INCIDENTAL, MULTIPLE, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, DATA OR USE (“EXCLUDED DAMAGES”), EVEN IF ANY PARTY WAS ADVISED OF THE POSSIBILITY OF ANY EXCLUDED DAMAGES OR ANY EXCLUDED DAMAGES WERE FORESEEABLE. IN THE EVENT OF A FAILURE OF ESSENTIAL PURPOSE OF THE EXCLUSIVE REMEDY, AS LICENSEE’S SOLE AND EXCLUSIVE ALTERNATIVE REMEDY LICENSEE MAY RECEIVE ACTUAL DIRECT DAMAGES UP TO THE AMOUNT PAID BY LICENSEE TO CKM FOR THE SOFTWARE. LICENSEE HEREBY EXPRESSLY RELEASES THE CKM PARTIES FROM ANY AND ALL LIABILITY OR RESPONSIBILITY FOR ANY DAMAGE CAUSED, DIRECTLY OR INDIRECTLY, TO LICENSEE OR ANY THIRD PARTY AS A RESULT OF THE USE OF THE SOFTWARE OR THE INTRODUCTION THEREOF INTO LICENSEE’S COMPUTER ENVIRONMENT.

The above disclaimer of warranty and liability constitutes an essential part of this License and Licensee acknowledges that Licensee’s installation and use of the Software reflect Licensee’s acceptance of this disclaimer of warranty and liability. Certain jurisdictions may limit CKM’s and its licensors’ ability to disclaim their liability to you, in which case, the foregoing disclaimer shall be construed to limit CKM’s and its licensors’ liability to the maximum extent permitted by applicable law.

7.  TERM AND TERMINATION OF LICENSE

This License is valid until terminated. Licensee may terminate this License at any time by destroying or returning Licensee’s copy of the Software and all Confidential Information as set forth below. This License will terminate immediately if Licensee defaults or breaches any term of this License. Upon termination of this License for any reason, any right, license or permission granted to Licensee with respect to the Software shall immediately terminate and Licensee hereby undertakes to: (I) immediately cease to use any part of the Software; and (II) promptly return the Software and all Confidential Information and related material to CKM and fully destroy, delete and/or de-install any copy of the Software installed or copied by Licensee. The provisions regarding confidentiality, ownership, disclaimers of warranty, limitation of liability, equitable relief and governing law and venue will survive termination of this License indefinitely in accordance with their terms.

8.  ASSIGNMENT

The License is personal to Licensee and Licensee agrees not to transfer (by operation of law or otherwise), sublicense, lease, rent, or assign their rights under this License, and any such attempt shall be null and void. CKM may assign, transfer, or sublicense this License or any rights or obligations thereunder at any time in its sole discretion.

9.  EQUITABLE RELIEF

It is agreed that because of the proprietary nature of the Software, CKM’s and its Licensors’ remedies at law for a breach by the Licensee of its obligations under this License will be inadequate and that CKM and its Licensors shall, in the event of such breach, be entitled to, in addition to any other remedy available to it, equitable relief, including injunctive relief, without the posting of any bond and in addition to all other remedies provided under this License or available at law.

10.  COPYRIGHT NOTICES AND OTHER NOTICES

The Software is protected by the copyright laws of international treaties, unless specifically excluded herein.