Welcome to FedSecGuard!
IMPORTANT – PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING, DOWNLOADING, INSTALLING OR OTHERWISE USING THE SOFTWARE (AS DEFINED BELOW) OR SERVICES (AS DEFINED BELOW) PROVIDED BY FEDORA SECURITY (AS DEFINED BELOW).
1. Terms of Service
• Binding Agreement
The term “Fedora Security”, “us”, “we” or “our”, refers to Fedora Security Limited, the owner of the Software and the Services. The term “you” refers to the natural person or entity using the Software and/or Services (if you are an entity, then “you” includes any of your directors, officers, employees and agents). The term “use” means the access, download, installation, operation, active or passive data entry, active or passive data reception, uninstallation or any other use of the Software and the use of the Services.
This EULA governs use of the Software and of the services performed or provided by the Software (“Services”), and any information, text, graphics, or other materials uploaded, downloaded, sent, received or appearing on the Services.
We are willing to license the Software and to provide the Services to you only upon the condition that you accept all the terms and conditions contained in this EULA. Any rights to the Software and Services are obtained by you only under this EULA.
This EULA is void where prohibited by law, and the right to use the Software and the Services is revoked in such jurisdictions.
• Accepting the EULA
This EULA is effective as of the date you use the Software, and such use of the Software indicates your acceptance of all of the terms and conditions of this EULA.
You may not use the Software or Services and may not accept the EULA if (a) you are not of legal age to form a binding contract with us, or (b) you are a person who is either barred or otherwise legally prohibited from receiving or using the Software and/or Services under the laws of the country in which you are resident or from which you access or use the Software and/or Services, or (c) you use the Software by using a password of another person.
For the purposes hereof:
• “Content” means any data, whether or not created by you, uploaded by you to the Software for processing and/or for sending through the Services, including, but not limited to, audio files, texts, graphics, or any other form which contains any information such as geographical locations, personally identifying and medical information, contact information, and any other type of data or information.
• “Fedora Security” means Fedora Security, LLC, a company organized and existing under the laws of the State of North Carolina, and its subsidiaries, affiliates and agents worldwide.
• “Software” means FedSecGuard’s proprietary software products and all materials associated therewith, including any revisions, upgrades, fixes, derivative works or additions thereof.
2. Grant of License
• The License
This license granted to you for the Software and Services by Fedora Security is limited to a personal, non-exclusive, revocable, non-transferable, non-sublicensable license to use the Software as part of the Services, solely for your use of the Services as provided by us, in the manner permitted by this EULA, on any mobile or computer device that you own or control.
The license is granted to you for a limited trial period (“Trial Period”), or for a paid subscription period (“Subscription Period”). After the end of the respective Trial Period or Subscription Period, you must re-register to continue to use the Software.
You agree to use the Software only for lawful purposes and in accordance with the license purchased.
If you breach this EULA and/or your obligation to pay for Services provided in a Subscription Period, then (in addition to the provisions of Section 6.3 below and any other rights we may have hereunder or under the applicable law), we may restrict the license granted to you hereunder and/or terminate this EULA.
You may not:
• Rent, lease, lend, sell, assign, redistribute, sublicense or otherwise transfer any part of the Software to any third party.
• Copy (except as expressly permitted by this license), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Software).
• Remove or alter any patent numbers, copyright notices, trademark notices or other proprietary notices or identifying marks, symbols or legends included in the Software.
Any use, or attempted use, of the Software and/or Services contrary to this EULA is a violation of the rights of Fedora Security. If you breach this EULA, you may be subject to prosecution and damages.
This EULA will govern any upgrades to the Software and/or additional Services provided by FedSecGuard that replace and/or supplement the original Software or Services, in which case such upgrades or additional Services may be governed by additional terms and conditions.
From time to time, an upgrade to the latest version of the Software may be required in order to make use of the Services or to take advantage of new features of the Services.
3. The Services
• You expressly acknowledge and agree that use of the Software and the Services, and any consequences thereof, are at your sole risk, responsibility and liability.
Without limiting the generality of the above, it is your responsibility to examine and test the Software and the Services to determine if they are acceptable to you and adequate and safe for your / your organization’s needs and uses. You assume full responsibility for ascertaining the suitability of, and for selecting the Services and Software, as well as for setup, definitions, installation, implementation and use, and for the results obtained therefrom.
• The Software and the Services are designed for use by professionals who have been trained and certified in the use thereof. The design of the Software and Services envisions occasions when even a trained user will have to make a subjective decision regarding response and/or override a system-recommended choice.
• You expressly acknowledge and agree that use of the Software and the Services may interfere with the operation of the mobile phone.
• The Services (or any feature within the Services) that FedSecGuard provides may change from time to time without prior notice.
• Upon reasonable prior notice to you, FedSecGuard may temporarily stop providing the Services (or any features within the Services) to you or generally, at FedSecGuard’s sole discretion at any time, and without liability.
• FedSecGuard is entitled, without any liability, to limit, suspend and/or interfere or interrupt the Services or any part thereof, without notice, for the repair, improvement, and/or upgrade of the Software and/or Services.
• If FedSecGuard permanently stops providing the Services to you, then this EULA shall be terminated.
• Upon reasonable prior notice to you, FedSecGuard also retains the right to create limits on use and storage to you or generally, at FedSecGuard’s sole discretion at any time, and without liability.
• FedSecGuard may copy, modify or adapt your Content (which may include, but is not limited to, distorting the Content or changing the volume in which it is transmitted), in order to transmit, display or distribute such Content over computer and/or telecommunications networks and in various media, and/or in order to adapt such Content to any requirements or limitations of any networks, devices, services or media.
• You understand and agree that in using the Software, you may be exposed to content generated by other users that might be factually inaccurate, offensive, indecent, or otherwise objectionable to you, and you hereby waive any legal or equitable rights or remedies you have or may have against FedSecGuard with respect to any such content generated by other users.
• You acknowledge and agree that the operation of the Software and the provision of the Services are dependent upon the availability and quality of services of telecommunication services.
• You acknowledge and agree that the Software uses data traffic from the mobile telecommunications services provider to your handheld device (and back), and that the technical processing and transmission of Content uploaded by you, or other interaction with the Services may involve transmissions over various networks.
• Use of the Software and Services requires Internet access and you accept any additional terms of service and agree to pay any associated charges.
• FedSecGuard assumes no responsibility for the timeliness, deletion, non-delivery or failure to store any Content.
• All Content is the sole responsibility of the person who originated such Content.
• FedSecGuard does not monitor or control the Content sent through the Services and, FedSecGuard does not assume responsibility for such Content. By using the Services, you acknowledge and agree that FedSecGuard does not warrant and is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, appropriateness, decency, truthfulness, integrity, quality or reliability, or any other aspect of the Content.
• Any use or reliance on any Content is at your own risk.
You understand and agree that in using the Services, you may be exposed to Content generated by third parties that might be factually inaccurate and/or may be otherwise objectionable to you. You hereby waive any legal or equitable rights or remedies you have or may have against FedSecGuard with respect to any such Content.
FEDSECGUARD DOES NOT WARRANT OR ENDORSE, DOES NOT ASSUME AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY CONTENT SENT THROUGH THE SERVICES.
• The Content you send through the Services and the sharing of such information are done at your own risk. Any Content sent by you through the Services may be saved, copied, re-sent or otherwise used by third parties, and FedSecGuard cannot control the use of the Content by any such third parties. FedSecGuard cannot and does not guarantee that Content sent by you will not be used by unauthorized persons.
• You understand and acknowledge that, even after removal by you, copies of Content uploaded by you may be utilized if third parties have copied or stored them and cannot be removed.
• You represent and warrant that you have (and will continue to have during your use of the Services) all necessary licenses, rights, consents, and permissions which are required to use the Content, and which enable FedSecGuard to use the Content for the purposes of the provision of the Services, and otherwise to use the Content in the manner contemplated by this EULA.
• You hereby grant to FedSecGuard a non-exclusive, irrevocable, perpetual, transferable, sub-licensable, royalty-free, worldwide license to use, copy, reproduce, process, adapt, modify, publish, send, transmit, display and distribute Content sent by you through the Services, in any and all media or distribution methods any Content that you send through the Services, as may be required for the provision of the Services.
• In addition, you hereby grant to FedSecGuard and to each user of the Services, to the extent permitted by the functionality of the Software and under this EULA and as may be required for the provision of the Services, a non-exclusive, irrevocable, perpetual, transferable, sub-licensable, royalty-free, worldwide license to access Content sent by you through the Services, and to use, reproduce, distribute, prepare derivative works of and display such Content.
• You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to FedSecGuard and to other users of the Services with respect to any Content that you sends through the Services.
• You are responsible for backing up any Content you send through the Services.
5. Content containing personal information
Without derogating from the provisions of Section 4 above and notwithstanding anything to the contrary herein express or implied:
• You acknowledge and agree that Content may include (among other data) personally identifying and medical information (collectively, “Personal Information”).
• You undertake to implement and maintain appropriate security measures to protect such Personal Information against unauthorized access and/or use, or accidental disclosure, loss or alteration.
• FEDSECGUARD DOES NOT WARRANT, DOES NOT ASSUME AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR SUCH PERSONAL INFORMATION, INCLUDING, BUT NOT LIMITED TO, ANY UNAUTHORIZED ACCESS AND/OR USE, OR ACCIDENTAL DISCLOSURE, LOSS OR ALTERATION THEREOF.
6. Restrictions on use of the Services and Content
6.1 You may not do any of the following while accessing or using the Software and/or Services:
• Use the Software on any computer, handheld device or any other device that you do not own or control.
• Distribute or make the Software available where it could be used simultaneously by multiple devices.
• Access (or attempt to access) any of the Services by any means other than through the interface that is provided by FedSecGuard, unless you have been specifically allowed to do so in a separate written agreement with FedSecGuard. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
• Use the Software and/or the Services to generate and/or distribute any Content which is harmful, threatening, tortuous, abusive, causes harassment, defamatory, pornographic, vulgar, obscene, libelous, hateful, or infringing upon any right of a third party, or is otherwise unlawful, misleading, malicious, or discriminatory.
• Use the Software and/or the Services to upload any Content which it is unlawful for you to possess, upload and/or send in the country in which you are resident and/or in which you are present at the time such upload is made, or which it would be unlawful for FedSecGuard to use or possess in connection with the provision of the Services.
• Use the Software and/or the Services otherwise than in compliance with this EULA and all applicable local, state and national, laws, rules and regulations and/or to facilitate or encourage any violations of this EULA. You are solely responsible for, and FedSecGuard has no responsibility to you or to any third party for, any breach of your obligations under this EULA and for the consequences (including any loss or damage which FedSecGuard may suffer) of any such breach.
• Use the Software and/or the Services for any unlawful purposes or for promotion of illegal activities.
• Use the Software and/or the Services for uploading third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have a formal license or permission from the rightful owner of the material or you are otherwise legally entitled to send the material in question.
• Use the Software and/or the Services for sending a person’s private and confidential information, such as credit card numbers, street address or Social Security/National Identity numbers, without their express authorization and permission, unless the sending of such information is reasonably deemed by the applicable best practices as essential for providing such person with emergency attention.
• Use the Software and/or the Services for interfering with, or disrupting (or attempting to do so), the access of any other user, host or network, including, without limitation, sending a virus or other malicious code, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
• Use the Software and/or the Services for generating and/or sending any unauthorized commercial communications (such as spam) or any contest, giveaway or sweepstakes, or any other type of promotion.
• Do anything that could disable, overburden, or impair the proper working of the Software or the Services.
• Use of real time route guidance is at your sole risk. Location data may not be accurate.
6.2 FedSecGuard reserves the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to terminate your account, at any time, without notice and at its sole discretion.
6.3 Any use, or attempted use, of the Software and/or Services contrary to this EULA is a violation of the rights of FedSecGuard. If you breach this EULA, you may be subject to prosecution and damages.
FedSecGuard may collect, store and use your personal and technical data in order to –
facilitate the provision of the Services and of Software upgrades and support,
• maintain and improve FedSecGuard’s products and services, and
• protect the rights of FedSecGuard and of other users.
FEDORA SECURITY SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND FEDORA SECURITY HEREBY DISCLAIMS ANY AND ALL LIABILITY FOR ANY DISCLOSURE, LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
8. Passwords and Account Security
You agree and understand that you alone are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
Accordingly, you agree that you will be solely responsible to FedSecGuard for all activities that occur under your account.
If you become aware of any unauthorized use of your password or of your account, you agree to notify Fedora Security immediately at: [email protected]asecurity.com.
9. No Warranty
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND ANY SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND FEDORA SECURITY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, ANY SERVICES AND CONTENT, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, USEFULNESS, SECURITY, RELIABILITY OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OR OF FITNESS FOR A PARTICULAR PURPOSE.
Fedora Security does not warrant against interference with your enjoyment of the Software, that the functions contained in, or Services performed or provided by, the Software will meet your requirements, that the operation of the Software or Services will be uninterrupted or error-free, that defects in the Software or Services will be corrected, that the Software or the Services will be free from corruption, attack, viruses, interference, hacking, or other security intrusion, or against deletion of, or the failure to store or to transmit, any Content.
Fedora Security makes no guaranty of confidentiality or privacy of any communication or information transmitted through the use of the Software.
No oral or written information or advice given by Fedora Security or its authorized representative shall create a warranty.
Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.
10. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL FEDORA SECURITY, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, BE LIABLE FOR (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES, LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, LOSS OF GOODWILL, BUSINESS INTERRUPTION OR ANY OTHER LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND, RESULTING IN ANY WAY FROM (I) YOUR ACCESS TO OR USE, INABILITY TO USE, OR RELIANCE ON THE SOFTWARE OR THE SERVICES, (II) ANY ERRORS, OMISSIONS OR OTHER INACCURACIES IN ANY CONTENT, (III) THE USE OF ANY CONTENT SENT VIA THE SERVICES, (IV) UNAUTHORIZED ACCESS TO, INTERRUPTION OF, PREVENTION OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE), EVEN IF FEDORA SECURITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, OR FOR (B) ANY THIRD PARTY CLAIMS AGAINST YOU.
IN NO EVENT SHALL FEDORA SECURITY’S AND ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF TWO HUNDRED AND FIFTY U.S. DOLLARS (U.S. $250).
You acknowledge and agree that the service fees paid by you are in consideration for the license granted hereunder to use the Software and the Services, and are not derived from or based upon any actual damages that you might incur.
Any cause of action by you with respect to the Software and/or Services, must be instituted within one (1) year after the cause of action arose.
Some jurisdictions do not allow the exclusion or limitation of liability for personal injury, or of incidental or consequential damages, so the limitations above may not apply to you.
You shall indemnify and hold Fedora Security harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to any demand or claim brought against Fedora Security by any Users and/or any third parties related to your actions, omissions and/or Content (including, but not limited to, any breach of your obligations under Section 5 above) made or used in connection with or relating to the Software or Services.
You hereby acknowledge that all rights, ownership, title and interest in the Software and Services (excluding Content provided by you), including, but not limited to, any embedded elements or modules, and any portion thereof, the related instructions, databases, and technology embedded therein or upon which it is based, and the related patent rights, copyrights, trade secrets, trademarks and all other related intellectual property rights, are and shall remain the sole and exclusive property of Fedora Security.
The Software and the Services contain proprietary information and material and trade secrets that are owned by Fedora Security, and are protected by applicable intellectual property and other laws, including but not limited to copyright.
The Software is licensed, not sold, to you, and you are granted no title or ownership rights in or to the Software.
You may use the Software only in accordance with and subject to this EULA.
THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SOFTWARE AND SERVICE AS PERMITTED IN THIS EULA, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF FEDORA SECURITY AND/OR OF OTHERS, AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES FOR COPYRIGHT INFRINGEMENT.
Fedora Security reserves all rights in and to the Software not expressly granted to you under this EULA.
You agree that ‘FedSecGuard’ and other FedSecGuard trademarks, trade names, service marks, graphics, logos, domain names and other brand features used in connection with the Software and Service, are trademarks or registered trademarks of Fedora Security (collectively, the “Fedora Security Marks”). Nothing in this EULA gives you a right to use or display the FedSecGuard Marks in any manner.
This EULA shall be effective until terminated by you or by Fedora Security. Without derogating from Fedora Security’s right to terminate this EULA as set out in Section 3 (The Services) above, your rights under this license will terminate automatically without notice from Fedora Security if you fail to comply with any of this EULA, without prejudice to the right of Fedora Security to be indemnified for its damages and any other right and remedy.
In all such cases, this EULA shall terminate, but the provisions which by their nature would continue beyond termination (including, without limitation, the provisions of Sections 9 through and including 18), shall survive such termination for any reason and shall continue to apply.
Upon termination of this EULA, you shall cease all use of the Software, and shall remove from your computer and/or handheld device or any other device all copies of the Software.
14. Unsolicited Idea Submission Policy
You agree that any remarks, ideas, feedback, comments, suggestions or any other information that you may provide to Fedora Security (collectively, a “Submission”), is entirely voluntary, and that Fedora Security will be free to use any such feedback, comments or suggestions as Fedora Security will see fit, without any obligation or compensation to you or any other person sending the Submission. Fedora Security will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere, and you hereby irrevocably assign to Fedora Security all rights therein. Fedora Security will not be required to treat any Submission as confidential. you acknowledge that you are responsible for whatever material you submit, and will have full responsibility for the Submission, including its legality, reliability, appropriateness, originality, and copyright.
15. Export Regulations
You may not use or otherwise export or re-export the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. In particular, but without limitation, the Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List.
By using the Software, you represent and warrant that (i) you are not located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and that (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also agree that you will not use the Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, chemical or biological weapons.
16. Governing Law and Jurisdiction
This EULA shall be governed and construed in accordance with the laws of the State of Israel, without reference to its conflicts of laws principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this EULA. Your use of the Software and Services may also be subject to other local, state, national, or international laws.
Without derogating from Fedora Security’s right to seek injunctive relief in any jurisdiction it may deem fit, both parties hereby irrevocably submit to the exclusive jurisdiction of the competent courts in New York, NY, to resolve any dispute arising out of or pursuant to this EULA, and you hereby consent to the exclusive jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
17. Address and Notices
Fedora Security’s corporate offices are located at 1330 Sharon Rd. W., Charlotte, NC 28210.
Any questions, complaints, claims or other communication to Fedora Security concerning the Software or Services should be directed to: [email protected]
Fedora Security may send you notices with respect to the Software or Services by sending an SMS message to your handheld device, or by any other means reasonably designed to give you such notice.
All communications between Fedora Security and you shall be in the English language only.
Language. You agree that any translation of this EULA provided thereto, is provided for his/her convenience only, and that the English language versions of the EULA will govern your relationship with Fedora Security. In the event of any contradiction between what the English language version of this EULA and the translation, then the English language version shall prevail.
Headings. The headings of the Sections in this EULA are for reference only and shall not be considered in the interpretation hereof.
Amendments. Fedora Security reserves the right, at any time and from time to time, without notice or liability, to change any of the provisions of this EULA. Any such changes will be effective immediately and incorporated into this EULA by this reference. Your continued use of the Software or of the Services, will be deemed to constitute Your acceptance of any and all such changes.
Severability. In the event that any provision of this EULA is held by a competent court to be invalid or unenforceable, that provision shall be construed, limited, modified or deleted, to the extent necessary to eliminate any invalidity or unenforceability, and the remaining provisions of this EULA remain in full force and effect.
Force Majeure. Fedora Security shall not be liable for any delay, loss and/or damage directly or indirectly resulting from your acts or omissions, or causes beyond the control of Fedora Security. For the purposes hereof, “causes beyond the control of Fedora Security” include, but are not limited to, acts of God, acts of a public enemy, acts of any governmental or quasi-governmental agency or any of their political subdivisions, fire, flood, epidemics, explosion, power or telecommunications irregularities, quarantine restrictions; strikes or other labor unrest, earthquakes, civil commotion or revolutions, war, terrorist attack, freight embargoes, unusually severe weather conditions, or any other cause that was not reasonably foreseeable on the date of your acceptance of this EULA.
Waiver. No waiver on the part of Fedora Security of any right under this EULA shall be effective unless in writing and signed by Fedora Security’s duly authorized representative. No waiver on the part of Fedora Security of any past or present right arising from any breach or failure to perform shall be deemed to be a waiver of any future right arising under this EULA.
No Partnership. Nothing contained in this EULA shall be construed as creating a partnership, joint venture, agency or other similar relationship between Fedora Security and you, nor as granting you the right, power, or authority (express or implied) to bind or otherwise create any duty or obligation for Fedora Security.
Assignment. You may not assign, subcontract or otherwise transfer any of its rights and/or obligations under this EULA without prior written approval by Fedora Security, and any purported assignment or transfer without Fedora Security’s consent shall be null and void. Fedora Security may assign and/or subcontract some or all of this EULA to any third party in connection with a merger, acquisition, sale of assets, by operation of law, or otherwise. This EULA shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective successors and permitted assigns.
No Third Party Beneficiaries. This EULA does not create any obligation of a party to any third parties, nor shall it be deemed to create any rights or causes of action on behalf of any third parties.
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Last updated: January 4, 2018.