The EULA is a contractual arrangement between you and ClevGuard that is subject to lawsuits and legal procedures. Do not download or run this software unless you consent to the terms of this EULA which are express and implied.
READ THIS EULA CAREFULLY BEFORE DOWNLOADING OR USING THE SOFTWARE FOR THE CLEVGUARD APPLICATION (HEREINAFTER SOFTWARE / LICENSED SOFTWARE). YOU HAVE TO CONFORM TO THE CONTEXTS OF THIS EULA WHEN BUYING OR USING THE SOFTWARE.
DO NOT USE CLEVGUARD OR ITS SERVICES IF YOU DO NOT ACCEPT THESE POLICIES. YOU UNDERSTAND AND ACCEPT THAT YOU ARE RESPONSIBLE FOR ALL LEGAL EXPENSES SUFFERED BY THE SOFTWARE PROVIDER AND/OR OTHER PERSON(S) USING A DEVICE WITH THE ACTIVATED SOFTWARE ARISING FROM THE MISUSE OF THE SOFTWARE OR ITS UNAUTHORIZED USE.
1. USE OF CLEVGUARD
Installing monitoring software on a Phone / Device that you do not possess or have adequate installation permission shall be a violation of law. Monitoring certain persons' actions can also be an offense in your jurisdiction. Until downloading and using ClevGuard, review all State, Federal, and local regulations. You may need to alert an individual if they are older than 18 that they are being watched. You consent that the ClevGuard is only to be used in a lawful manner.
2. GRANT OF LICENCE
ClevGuard grants you a limited non-exclusive license to install, use, access, display and run one copy of the ClevGuard Software on a single Mobile Device, local hard disk(s) or other permanent storage media of one computer and you may not make ClevGuard Software available over a network where it could be used by multiple computers at the same time. You may make one copy of the ClevGuard Software in machine readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original.
3. ESERVATION OF RIGHTS AND OWNERSHIP
ClevGuard reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. ClevGuard or its suppliers own the title, copyright and other intellectual property rights in the ClevGuard Software. The ClevGuard Software is licensed, not sold.
4. LIMITATIONS ON END USER RIGHTS
You shall not, and shall not enable or permit others to, copy, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or algorithms of, the Software (except and only to the extent that such activity is expressly permitted by applicable law not withstanding this limitation), or modify, or disable any features of, the Software, or create derivative works based on the Software. You may not rent, lease, lend, sublicense or provide commercial hosting services with the Software.
You may not transfer this EULA or the rights to the ClevGuard Software granted herein to any third party unless it is in connection with the sale of the computer or mobile device which the ClevGuard Software accompanied. In such event, the transfer must include all of the ClevGuard Software (including all component parts, the media and printed materials, any upgrades, this EULA) and you may not retain any copies of the ClevGuard Software.
The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the ClevGuard Software must agree to all the EULA terms. Any failure to comply with these terms by your Staff shall be deemed to a failure to comply with these terms by you.
5. CLEVGUARD SOFTWARE UPDATES
ClevGuard may make available to you updates, upgrades, supplements and add-on components (if any) of the ClevGuard Software, including bug fixes, service upgrades (parts or whole), and updates, enhancements and feature improvements or deletion to any ClevGuard Software (including entirely new versions), (collectively "Update") after the date you obtain your initial copy of the ClevGuard Software. This EULA applies to all and any component of the Update, unless we provide other terms along with such Update.
To use ClevGuard Software provided through Update, you must first be licensed for the ClevGuard Software identified by ClevGuard as eligible for the Update.
6. CONSENT TO USE OF DATA
By using ClevGuard on Mobile Device, you agree to the use of your information in the manner described below and in accordance with the ClevGuard Privacy Policy.
(b)stic and Usage Data. If you opt in to diagnostic and usage collection, you agree that ClevGuard and its affiliates may collect maintain, process and use diagnostic, technical and usage related information ("Diagnostic and Usage Data"), to provide and improve ClevGuard products and services, facilitate the provision of software updates, product support and other services to you, if any, related to the ClevGuard Software, and to verify compliance with the terms of this EULA.
7. INTERNET ACCESS
Some features of the ClevGuard Software may require your device to have access to the Internet and may be subject to restrictions imposed by your network or Internet provider. Unless your device is connected to the Internet through Wi-Fi connection, the ClevGuard Software will access the internet through your mobile network, which may result in additional charges depending on your payment plan.
In addition, your enjoyment of some features of the ClevGuard Software may be affected by the suitability and performance of your device hardware or data access.
8. EXPORT RESTRICTIONS
You acknowledge that the ClevGuard Software is subject to export restrictions of various countries. You agree to comply with all applicable international and national laws that apply to the ClevGuard Software, including all the applicable export restriction laws and regulations.
9. TERMINATION
This EULA is effective until terminated. Your rights under this License will terminate automatically without notice from ClevGuard if you fail to comply with any of the terms and conditions of this EULA. Upon termination of this EULA, you must cease all use of the ClevGuard Software and destroy all copies, full or partial, of the ClevGuard Software.
10. DISCLAIMER OF WARRANTY
UNLESS SEPARATELY STATED IN A WRITTEN EXPRESS WARRANTY ACCOMPANYING YOUR DEVICE, ALL CLEVGUARD SOFTWARE PROVIDED FOR CLEVGUARD WITH COMPUTER AND MOBILE DEVICE IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND FROM CLEVGUARD, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, CLEVGUARD DISCLAIMS ALL WARRANTIES, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR WORKMANLIKE EFFORT, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY OR AVAILABILITY, ACCURACY, LACK OF VIRUSES, QUIET ENJOYMENT, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR OTHER VIOLATION OF RIGHTS.
SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CLEVGUARD OR ITS AFFILIATES SHALL BE DEEMED TO ALTER THIS DISCLAIMER BY CLEVGUARD OF WARRANTY REGARDING CLEVGUARD SOFTWARE, OR TO CREATE ANY WARRANTY OF ANY SORT FROM CLEVGUARD.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE CLEVGUARD SOFTWARE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE CLEVGUARD SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
11. LIMITATION OF LIABILITY
CLEVGUARD WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE CLEVGUARD SOFTWARE OR ANY THIRD PARTY APPLICATION, ITS CONTENT OR FUNCTIONALITY, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FAILURE TO CONNECT, NETWORK CHARGES, IN-APP PURCHASES, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES EVEN IF CLEVGUARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, CLEVGUARD ELECTRONIC CO.’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF YOUR USE OF THE CLEVGUARD SOFTWARE OR ANY OTHER PROVISION OF THIS EULA. THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
12. PPLICABLE LAW
This EULA is governed by the laws of the jurisdiction where you are a resident, without regards to it conflicts of law provisions.
13. DISPUTE RESOLUTION
If a dispute, controversy or difference rising in any way from this EULA or your use of the ClevGuard Software is not amicably settled, it shall be subject to the non-exclusive jurisdiction where you are a resident. Notwithstanding the foregoing, ClevGuard may apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
14. ENTIRE AGREEMENT; SEVERABILITY
This EULA is the entire agreement between you and ClevGuard relating to the ClevGuard Software and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the ClevGuard Software or any other subject matter covered by this EULA. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
15. SUPPORT
If you have any issues or concern with the ClevGuard software, you can always contact the ClevGuard team or request a refund according to the Refund Policy.
16. GET IN TOUCH
Please contact us by e-mail: support@clevguard.com if you have any concerns regarding the ClevGuard EULA.