IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Intelguardians Corporation for Spycar Software and may include associated media, printed materials, "online" or electronic documentation, and Internet-based services ("Software"). An amendment or addendum to this EULA may accompany the software. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE;.

1. DESCRIPTION OF SPYCAR

Spycar is a suite of tools designed to mimic spyware-like behavior, but in a benign form. Intelguardians created Spycar so anyone could test the behavior-based defenses of an anti-spyware tool.  It is intended to be used to see how anti-spyware tools cope with new spyware for which they didn’t have a signature.   It is not intended to provide perfect anti-spyware tests, or to act as a substitute for any other form of evaluation.  In particular, it is designed to test solely the ability of anti-spyware products to conduct behavior-based (non-signature based) detection of spyware. It is also not intended to disparage any particular anti-spyware product.

 

Spycar is also designed to be completely benign and removable.  It is designed simply to measure whether your anti-spyware tool can block or detect the change.  Spycar includes a scorebot/clean-up application that is designed to tell you how well your anti-spyware tool defended you, and is designed to undo automatically the alterations made by Spycar.  However, you should note that all software installed may make some alterations to your system, and it is your responsibility to backup all critical data before you install this product, and WE ASSUME NO LIABILITY for any loss or damage to your system or data.

 

2. GRANT OF LICENSE. Intelguardians grants you the following rights provided that you comply with all terms and conditions of this EULA: You may install, use, access, display and run the Software.  The software is designed to test the efficacy and operation of anti-spyware software.  However, there is no guarantee that this software will function properly, and no warranty is provided for fitness for any intended use.  You may not transfer this software to any person who has not agreed to the terms and conditions of this EULA.

3. RESERVATION OF RIGHTS AND OWNERSHIP. Intelguardians reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. Intelguardians or its suppliers own the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold.

4. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.  Even where permitted, you may not reverse engineer or disassemble or decompile this software for the purpose of creating, modifying or improving the functionality (including avoiding detection by anti-spyware programs) of any forms of software commonly referred to as “spyware.”

5. SOURCE CODE – Intelguardians may, at its discretion, make the source code of spycar available to you.  This is solely so you can evaluate the software, and determine that it is not designed to do any damage to your system, and also for interoperability or other lawful purposes.  If such source code is provided to you, YOU AGREE NOT TO FURTHER DISSEMINATE THIS SOURCE CODE.  You further agree not to utilize any portion of this source code in any commercial or non-commercial programs.  Finally, you expressly agree not to use any such source code to further any unlawful purposes, to develop, or disseminate any spyware, unlawful or malicious code, or any programs codes or commands designed to unlawfully defeat any anti-spyware programs.  You also agree to indemnify and hold Intelguardians, its agents and assignees harmless against any claims resulting from your use of the source code.

6. NO COMMERCIAL USE. This software is intended for your personal use to test the functionality of anti-spyware software.  You may not sell, lease, charge fees for access to, or otherwise make commercial use of this software.

7.  TERMINATION. Without prejudice to any other rights, Intelguardians may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software and all of its component parts.

8. LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your exclusive remedy for any damages resulting from your installation or use of this software is limited to the price you have paid for this software.   YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES

9. YOUR EXCLUSIVE REMEDY. Intelguardians's entire liability and your exclusive remedy for any breach of this  EULA or for any other liability relating to the Software shall be, at Intelguardians's option from time to time exercised subject to applicable law, return of the amount paid (if any) for the Software,.

10. DISCLAIMER OF WARRANTIES. The software is provided AS IS AND WITH ALL FAULTS, and Intelguardians hereby disclaims all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Software, and the provision of or failure to provide support or other services, information, software, and related content through the Software or otherwise arising out of the use of the Software. Intelguardians specifically does not warrant that this software will perform in any particular fashion, or that it will accurately determine whether any particular anti-spyware program is functioning properly.  YOU USE THIS SOFTWARE AT YOUR OWN RISK. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.

11. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INTELGUARDIANS OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF INTELGUARDIANS OR ANY SUPPLIER, AND EVEN IF INTELGUARDIANS OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.. APPLICABLE LAW. This EULA is governed by the laws of the State of Maryland.  You consent to the jurisdiction and venue of the courts of the State of Maryland for all disputes arising out of the use of this software..