AGREEMENT on THE SOFTWARE and staffcounter.net SERVICES
NOTICE TO USER:
YOU SHALL UNDER YOUR RESPONSIBILITY READ THIS AGREEMENT CAREFULLY. BY COPYING, INSTALLING OR USING ALL OR ANY PORTION OF THE SOFTWARE (SW) YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU AGREE THAT THIS AGREEMENT IS LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY LEGAL ENTITY THAT OBTAINED THE SOFTWARE AND ON WHOSE BEHALF IT IS USED: FOR EXAMPLE, IF APPLICABLE, YOUR EMPLOYER.
THIS SOFTWARE AND SERVICES AGREEMENT (THE “AGREEMENT”) IS AN AGREEMENT BETWEEN YOU AND TESLINE-SERVICE (SRL) LTD (hereinafter TESLINE) REGARDING YOUR USE OF TESLINE SOFTWARE AND SERVICES (THE “SOFTWARE AND SERVICES”). THE TERMS OF THIS AGREEMENT ALSO APPLY TO ANY UPDATES, SUPPLEMENTS, INTERNET-BASED SERVICES, AND SUPPORT SERVICES FOR THE SOFTWARE PROVIDED BY TESLINE, UNLESS OTHER TERMS ACCOMPANY THOSE ITEMS. IF SO, THOSE TERMS APPLY. READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE AND SERVICES. THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND TESLINE. BY CLICKING THE “I AGREE” OR “YES” BUTTON, OR USING THE SERVICE OR INSTALLING THE SOFTWARE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SOFTWARE.
The Software is (the description can be completed/modified) an Internet control and intensity of personal computer (PC) use monitoring product that consists of client software installed on Your personal computer that intercepts Internet-bound traffic and sends it to the TESLINE servers for categorization.
By means of our SW You can monitor the intensity of PC use which is/are in Your ownership (or any other legal ownership). The SW keeps all results of the PC user activity within a definite period. It can be everything that appeared on the screen in the process of using, everything that was typed on a keyboard, as well as all sounds and video records (including PC peripherals activity). All data comprises “Activity Journal”. Our web-source makes it possible to record and store all data on our server as a place of storing “Activity Journal”. To store “Activity Journal” a user should create an account on the web-source www.data.staffcounter.net, moreover, the program should be set up to enable it send “Activity Journal” to our site.
1. Software, Services, Installation, and Use. The Software and Services include personal computer desktop software and access to related Internet services, including but not limited to website categorization, user profiles, and usage reporting.
1.1. TESLINE hereby grants You a nonexclusive, nontransferable license to use a binary version of the Software and access our site Services solely for Your use, and solely in accordance with the terms and conditions of this Agreement during the Service Period defined below. You may install one copy of the Software on each personal computer You have in Your home, each of which will be referred to as a licensed computer.
1.2. You must agree to provide TESLINE with accurate and truthful registration information, including, but not limited to, Your name, address, telephone number, and email address to keep Your registration information current during the Service Period defined below.
1.3. TESLINE unilaterally reserves the right to make constant innovations in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Software and Services which TESLINE provides may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that TESLINE may stop (permanently or temporarily) providing the Services (or any features within the Services) to You or to users generally at TESLINE’s sole discretion, without prior notice to you. You may stop using the TESLINE Software and Services at any time. You do not need to specifically inform TESLINE when you stop using the Software and Services. TESLINE may at any time without notice or liability restrict the use of the Software and Services or limit its availability in order to perform maintenance activities.
2. Internet-Based Services. TESLINE includes Internet-based services as an integral part of the Software and Services. You may not use the Software or the Internet-based services in any way that could harm them or impair any other user’s use of these services. You may not use these services to gain or attempt to gain, unauthorized access to any service, data, account or network by any means. You may not use the services and the SW for commercial purpose or purpose of generation of profit. You may neither use these services and SW as a part, element or constituent part of offence or crime (or any other abuse of rights and civil interests).
3. Service Period
* The Service Period for the free of charge Services shall begin on the date that you provide registration information for the Service and shall continue unless terminated by You or until TESLINE no longer makes the Service available.
* The Service Period for the paid-for Software and Services shall begin on the date of purchase and shall last for the period of time set forth in the applicable transaction documentation from the authorized reseller from which You purchased the Service. Upon expiration or termination of the Paid Service period, if not renewed for the set purchase price, the Paid Services may automatically stop and You will be able to use the free of charge version of Software and Services.
3. Scope of License.
3.1. The Software is licensed, not sold. TESLINE shall retain all right, title and interest in the Software and Services, including without limitation all intellectual property rights embodied therein. You do not acquire any rights, express or implied, in the Software and Services, other than those specified in this Agreement. You may not distribute, sublicense, rent or lease the Software or use the Software except as provided under this Agreement. You agree not to cause or permit the reverse engineering, disassembly, decompilation or other attempt to defeat, avoid, bypass, remove, deactivate or otherwise circumvent any software protection mechanisms in, or to derive the source code of the underlying ideas, algorithms, structure or organization from the Software and Services, except to the extent required by law (provided there is a written consent from TESLINE).
3.2. You may not use the Software or the Internet-based services to upload, transmit, or transfer any data, information, materials, or content to TESLINE or any third party other than transmissions or transfers of information necessary for the intended use of the Software and Services. You also agree not to use the Software and Services for any unlawful or improper purpose. Specifically, You agree that your use of the Software and Services will be in compliance with the local laws which are applicable to You, and will not contradict mandatory provisions of the law of the Republic of Moldova.
4. Data collection and protection.
From time to time, the Software and Services may collect certain information from Your computer, which may include:
– Information regarding installation of the Software. This information indicates to TESLINE whether installation of the Software was successfully completed and is collected by TESLINE for the purpose of evaluating and improving TESLINE’s product installation success rate. This information will not be correlated with any personally identifiable information.
– The name given, during initial setup, to the computer on which the Software is being installed. If collected, the name will be used by TESLINE as an account name for such computer under which You may elect to receive additional services and/or under which You may use certain features of the Software.
– Other general, statistical information used for product administration and analysis, and for improving product functionality. This information will not be correlated with any personally identifiable information.
– Different information related to the information collected by the SW, according to the matter and principle of SW operation including: passwords, logins, users’ names, images, pictures, records, video and audio files, telephones, accounts, codes, addresses (incl. e-mails), data related to time, intensity and number of visits to certain sources, information related to intensity of a PC use, information viewed or saved on a certain PC, and any other information of personal, confidential, anonymous and/or private nature.
TESLINE may disclose the collected information if asked to do so by a law enforcement official as required or permitted by law or in response to a subpoena or other legal process. In order to promote awareness, detection and prevention of Internet security risks, TESLINE may share certain anonymous security information with research organizations and other security software vendors. TESLINE may also use statistics derived from the information to track and publish reports on security risk trends. By using the Software, You acknowledge and agree that TESLINE may collect, transmit, store, disclose and analyze such information for these purposes.
You should take into consideration the applicable law on protection in your country/area, in respect to the use of our product (SW).
According to the applicable law, you (as a holder of personal data – processor) might be obliged to obtain a written permission from the subject personal data (owner or other person, data about collected or processed is). Such persons could be your wife/husband or adult children while home using of our product (SW), or the employees of your company (department, unit) while our product is used by a company, announcing that persons that they are using the PC you (your company) own, and all the information processed belongs to you (company) also.
In such cases the user should notify such persons that their use of the user’s PS’s is limited to their job tasks or official duties (labor contract).
The permission mentioned above, could not be necessary if the collected (processed) data are depersonalized. Thus, you should try to depersonalize the collected data always and/or to keep the confidentiality of the respective persons, as possible.
Looking for protection of personal data, while using our SW you should provide the necessary organizational and technical measures for the protection of the personal data against illegal or casual access to them, eliminations, changes, blocking, copying, distribution of the personal information, and also from other wrong acts.
In any cases and circumstances, as long as you use our SW, you should notice, that we just give you the SW (product), and you are the user of that Software, and respectively, the processor of the personal data at your own risk and responsibility, and your use should complain with and meet the applicable law on protection of personal data.
5. Technical Support. TESLINE is not obligated to provide technical support or maintenance for the Software or Services. However, certain technical support features may be offered. If such features are offered and You choose to access such support You should take into consideration that any such support shall be provided in TESLINE’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 utilizing support. TESLINE reserves the right to refuse, suspend or terminate any of the support in its sole discretion without any justification.
The Service Period for the free of charge StaffCounter Web Services shall begin on the date that you provide registration information for the Service and shall continue unless terminated by You or until TESLINE no longer makes the Service available.
The Service Period for the paid-for StaffCounter Web Services shall begin on the date of purchase and shall last for the period of time set forth in the applicable Web Services Fee documentation from the TESLINE.
6. Disclaimer of warranty. The software and services are provided “as is” and “as available.” TESLINE disclaims all conditions and warranties, including but not to limited to the following: implied warranties of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by applicable law, in no event and under no legal theory shall TESLINE be liable to you for any direct, consequential, special, incidental, punitive or indirect damages of any kind arising out of or related to this license, even if TESLINE has been advised of the possibility of such damages.
Taking into consideration the necessity of compliance with the law on personal data protection, You shall:
a) Install and/or use the SW and the Services only on personal computers (and/or other technical facilities and equipment) exclusively owned by You with clean title in order to monitor the activity of your equipment use;
b) Keep the legal user informed about activity and data collection monitored on Your PC, provided there is a notification on Your PC use solely in correspondence with its intended use under actual relationship between You and potential user;
c) Take all measures to completely identify a potential user for implementation of the stated above condition, if the user’s identification is impossible, You shall not permit using PC or installing the SW;
d) Inform a potential user about interdiction to use PC (with the SW) for purposes other than its intended use, under the established legal relationship that implies inadmissibility of processing, storing, transmitting user’s personal information or information specified in it. 4 of the present Agreement. If a legal user is incapable (minor), it is permitted to install and use the SW only if You are an adult first-grade direct relative of the user (user’s ancestor), user’s guardian or any other legal representative, otherwise You shall notify thereof to the minor’s legal representative according to the conditions stated above;
e) Not use the information obtained through the SW to the detriment of or against the user’s or third parties’ will, who own, may own or may be related to the information obtained;
f) Not use the SW in one’s own interest, and not use the SW in a way that contradicts the applicable law, even if the SW design and its technical specifications allow that, and You shall not use the SW in violation of third parties’ rights and legal interests but respect their rights to the protection of personal data.
7. Republic of Moldova Government Restricted Rights. The Software is deemed to be commercial computer software as defined in Law No. 467-XV as of 21.11.2003 on informatization and state information resources, Law No. 17-XVI as of 15.02.2007 on personal data protection, and any successor regulations. Any use, modification, reproduction release, performance, display or disclosure of the Software by the Republic of Moldova Government shall be solely in accordance with the terms of this Agreement.
You shall in Your discretion reveal any installation or PC use restrictions as per the applicable legislation and agree to comply with the requirements of all applicable international, national, state, regional and local laws, as well as laws and regulations of independent states, including any applicable import and use restrictions.
By downloading, installing or using the Software or Services, You are agreeing to the foregoing and all applicable export and import control laws. You are also warranting that You are not under the control of, located in, or a resident or national of any prohibited country or on any lists above. The information on export laws provided herein is not necessarily complete.
8. General terms. This Agreement will be governed by and construed under the laws of the Republic of Moldova, without giving effect to such state’s conflict of laws principles. Any legal action or proceeding related to this Agreement shall be instituted in the territory of the Republic of Moldova or the user state (party) or the country of violation, in TESLINE discretion. TESLINE and You agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. You will not export the Software or any direct product thereof, directly or indirectly, in violation of RM export control laws and other applicable export and import laws or use the Software and Services for any purpose prohibited by these laws. If any provision of this License is ruled invalid, such invalidity shall not affect the validity of the remaining portions of this License. No amendment to this License will be binding unless evidenced by a writing signed by the party against whom it is sought to be enforced. No waiver by either TESLINE or You of any breach or default under this License shall be deemed to be a waiver of any other breach or default under this Agreement.