License Agreement

SILENT BRIDGE, INC.
CATCHMEE SOFTWARE
END USER LICENSE AGREEMENT

READ THE TERMS OF THIS END USER LICENSE AGREEMENT ("AGREEMENT") GOVERNING THE USE OF THE SOFTWARE AND RELATED DOCUMENTATION ("SOFTWARE") CAREFULLY BEFORE USING THE SOFTWARE.

1. DEFINITIONS.
For the purposes of this Agreement the following capitalized terms shall have the meanings set forth below:

"Company" means Silent Bridge, Inc., a company that develops, manufacturers, and distributes certain security, administration and monitoring software.

"Software" means Silent Bridge's proprietary software including Updates and/or Upgrades, if any, delivered to Customer.

"Customer" means the individual who purchased such software and Company is willing to license the Software to Customer under the terms and conditions of this Agreement.

"Confidential Information" means all information disclosed by either party to the other which is designated as confidential, or which by its nature the receiving party should reasonably understand to be confidential, including by not limited to, the Software and accompanying documentation, financial information, product plans, business plans, trade secrets, technology diagrams, designs, drawings, sketches, flow charts, or any other proprietary information, whether transmitted orally, in writing, or by any other media.

"Documentation" means the user manuals and other written materials which Silent Bridge, Inc. provides to Customer for use with the Software.

"Effective Date" means the date Customer agrees to be bound by this Agreement by clicking the "accept" button.
"License Key" means a license key issued to Customer by Silent Bridge, Inc. or its agent after Customer has agreed to the terms of this Agreement.

"Term" means the effective term of this Agreement as indicated by the License Key.

"Third Party Software" means any software licensed by Silent Bridge and incorporated into or used to create the Software.

"Update" means a minor modification, error corrections, bug-fixes, or enhancement to the Software which is generally designated by a change in number to the right of the decimal point (e.g., Version 2.2 to Version 2.3).

"Upgrade" means a release of the Software containing major new features or functionality and is generally designated by a change in the number to the left of the decimal point (e.g., Version 2.0 to Version 3.0; or Version 2.3 to Version 3.0).

2. SOFTWARE LICENSE AND USE.
License: Company hereby grants to Customer a non-exclusive, non-transferable, limited license to use the Software, and only in accordance with the terms of this Agreement.

Limitations: The foregoing license is limited to Customer’s internal use only, and Customer shall not distribute or otherwise make the Software available to any third party. Customer may not copy the Software, except to make a backup copy. Customer may not decompile or reverse engineer the Software, or otherwise attempt to derive source code from the Software (except to the extent that such activities may not be prohibited under applicable law). Customer may not remove or alter any proprietary notices, labels or marks placed on or in the Software, and shall reproduce all such notices, labels and marks on any copy made by Customer.
Title: As between Silent Bridge, Inc. and Customer, all right, title and interest in and to the Software and Documentation shall remain the exclusive property of Silent Bridge, Inc. The Software and Documentation are the confidential and proprietary property of Silent Bridge, Inc. and/or its licensors. ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE HEREBY RESERVED TO SILENT BRIDGE INC.

Third Party Software: Customer acknowledges that its use of Third Party Software may be subject to the license terms associated with such Third Party Software. Silent Bridge, Inc. hereby disclaims any liability or responsibility with respect to any such Third Party Software.

3. CUSTOMER OBLIGATIONS.
Major Errors. The Primary Customer Contact shall notify Company of any failure, error or other malfunction of any part of the Software. In addition, Customer shall promptly suggest any functions that it believes may be useful in the operation of the Software; provided that Company shall not be under any obligation to implement any such suggestions. To log the error, send an email to support@catchmee.com.

Company Development: Except at the written direction of Company, Customer may not alter or modify the Software. With regard to any modifications or additions to the Software that Customer may make or suggest, and with regard to the Feedback Report and any other information or materials conveyed to Company in connection with the testing or evaluation of the Software. Customer hereby assigns to Company its entire right, title and interest (including all patent rights, copyright and trade secret rights) in such modifications, addition, information, and materials. Customer shall execute any documents necessary to affect the foregoing assignment.

It is the responsibility of the user of catchmee™ to ascertain, and obey, all applicable laws in their country in regard to the use of CatchMee™ for "sneaky purposes". If you are in doubt, consult your local attorney before using catchmee™. By downloading and installing catchmee™ software, you represent that catchmee™ will be used in only a lawful manner. | Logging other people's text messages (SMS), messages & other phone activity or installing catchmee™ on another person's phone without their knowledge can be considered as an illegal activity in your country. – Silent Bridge, Inc. assumes no liability and is not responsible for any misuse or damage caused by catchmee™. It's final user's responsibility to obey all laws in their country. By purchasing, downloading, installing & using catchmee™, you hereby agree to the above.

4. WARRANTY AND REMEDIES.
Warranty. If Customer has purchased a License, Silent Bridge, Inc. warrants to Customer that for a thirty (30) day period beginning on the date of the issuance of the License Key, the Software when properly used in accordance with the Documentation and any minimum system requirements set forth therein will provide performance substantially as set forth in the Documentation.
Excluded Uses. The warranty set forth in this Section does not apply to: (i) abuse, misuse, accident or neglect; (ii) repairs, alterations, and/or modifications which are performed by parties other than Silent Bridge, Inc. or its agents; (iii) malfunction or improper maintenance of, or configuration changes on, or a Designated Server or Customer's computer networks or computing systems; (iv) use of the Software in any manner inconsistent with the Documentation; or(v) third party software contained in the Software.

Exclusive Remedies. Silent Bridge, Inc. entire liability and Customer's exclusive remedy for failure of the Software to conform to the foregoing warranty will be for Silent Bridge, Inc., at its option, to repair or replace the Software with conforming Software or to refund the license fee(s) paid hereunder and terminate this Agreement. In order to obtain warranty remedies Customer must return the Software and Documentation to Silent Bridge, Inc.. Any replacement Software will be warranted for the remainder of the original warranty period or 30 days, whichever is longer.

Disclaimer. SOFTWARE USED UNDER AN EVALUATION LICENSE IS PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY BY SILENT BRIDGE WITH RESPECT TO SOFTWARE USED PURSUANT TO AN ENTERPRISE LICENSE, NEITHER SILENT BRIDGE INC. NOR ITS LICENSORS MAKES AND CUSTOMER RECEIVES NO ADDITIONAL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, AND SILENT BRIDGE AND ITS LICENSORS SPECIFICALLY DISCLAIM ANY OTHER WARRANTY INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. NEITHER SILENT BRIDGE NOR ITS LICENSORS WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ALL ERRORS IN THE SOFTWARE WILL BE CORRECTED. THIS LIMITATION WILL APPLY EVEN IF SILENT BRIDGE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THIS SECTION SHALL BE GIVEN FULL EFFECT EVEN IN THE EVENT THAT ANY REMEDY PROVIDED HEREUNDER IS DEEMED BY A COURT OF COMPETENT JURISDICTION TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE PARTIES ACKNOWLEDGE THAT THE TERMS OF THIS SECTION REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT THE PARTIES WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS OF LIABILITY. The above exclusions may not apply as some jurisdictions do not allow the exclusion of implied warranties or limitations on the duration of implied warranties. In addition to the above warranty rights, Customer may also have other rights, which vary from jurisdiction to jurisdiction.

Hazardous Environments: Customer understands and agrees that the Software is not designed or licensed for use in hazardous environments, including without limitation operation of nuclear facilities, aircraft navigation systems, aircraft communication systems, air traffic control, life support or weapons systems and any other environment in which bodily injury or death could result from failure of or inability to use the Software. Silent Bridge, Inc. and its licensors hereby disclaim any express or implied warranties of fitness for such uses.

5. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT ALLOWED UNDER LAW, IN NO EVENT WILL SILENT BRIDGE OR ITS LICENSORS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO, COST OF COVER, LOSS OF DATA, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, RELATED TO THIS AGREEMENT OR ARISING FROM THE USE OF (OR INABILITY TO USE) THE SOFTWARE OR DOCUMENTATION, NO MATTER HOW CAUSED AND ON ANY THEORY OF LIABILITY. IN NO EVENT WILL SILENT BRIDGE’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE AMOUNTS PAID BY CUSTOMER FOR THE SOFTWARE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND EVEN IF SILENT BRIDGE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR OF ANY TYPE OF USE INTENDED BY CUSTOMER. CUSTOMER ACKNOWLEDGES THAT THESE LIMITATIONS REFLECT A REASONABLE ALLOCATION OF RISK.

6. CONFIDENTIAL INFORMATION.
Definition. The term "Confidential Information" means the existence of and terms of this Agreement, all information regarding the Software, including its existence and any notes, performance data, results of testing and other documentation and materials related to the Software (whether prepared by Company or Customer), all communications between the parties hereunder, (including feedback provided by Customer to Company) other information related to the Software or to Company's products, product plans, business, finances and customers, however disclosed. However, Confidential Information excludes information (i) available to the public other than by a breach of this Agreement; (ii) rightfully receiving from a third party not in breach of an obligation of confidentiality; (iii) independently developed without access to Confidential Information, as shown by contemporaneous records, (iv) known at the time of disclosure, as evidenced by contemporaneous written records; or (v) produced in compliance with applicable law or a court order, on the condition that Company is given reasonable notice of such law or order and an opportunity to attempt to preclude or limit such production.

No Disclosure or Use. Customer may not use any Confidential Information except as expressly permitted by this Agreement. Customer may not disclose Confidential Information to any third party without the express written consent of Company (except that, solely to the extent necessary for Customer's internal business needs, Customer may disclose Confidential Information to its employees or consultants who are bound by a written confidentiality agreement that is at least as protective of Company's rights as this Agreement). Subject to the above, Customer agrees to cease using any and all materials embodying Confidential Information, and to promptly return such materials to Company upon request. Customer shall use its best efforts to protect the confidentiality of Confidential Information.

7. INFORMATION AND PRIVACY POLICY.
This is a preliminary disclosure of features that communicate with the Internet and is not intended to be an exhaustive description. When Silent Bridge, Inc. needs information that personally identifies you or allows the Company to contact you, the Company will explicitly ask you for it. The personal information will be used by Silent Bridge, Inc. and may also be used to request additional information on feedback that you provide about the product, to provide critical updates and notifications regarding the pre-release software, or to improve the product or service. Personal information you provide will not be transferred to third parties without your consent.

This software contains Internet enabled features that collect certain standard information from your computer ("standard computer information") and send it to Silent Bridge, Inc.. Standard computer information includes certain information about your computer software and hardware such as your IP address, operating system, Web browser software and version. When you quarantine or allow potential malware threats to your computer, information about the files can be sent to Silent Bridge, Inc.. The information may include the file’s name, cryptographic hash, vendor, size, date stamps, information about your computer’s system checkpoints, which may include path, file and application names. In addition, Silent Bridge, Inc. collects copies of applications or programs that are deemed malicious.

Silent Bridge, Inc. is committed to protecting the security of your information and uses security technologies and procedures to help protect your information from unauthorized access, use or disclosure. The information may also be used for statistical or other testing or analytical purposes.

8. TERM AND TERMINATION.
Term. This Agreement shall commence on the Effective Date and shall continue in full force and effect for the Term, unless terminated as set forth below.

Termination. Either party may terminate this Agreement if the other party breaches any material term or condition and fails to cure such breach within thirty (30) days after receiving written notice of the breach from the non-breaching party. Either party may terminate this Agreement by giving written notice (i) upon the voluntary or involuntary institution by or against the other party of insolvency, receivership or bankruptcy proceedings, or any other proceedings for the general settlement of all or substantially all of its debts, which proceedings are not dismissed or otherwise resolved in its favor within sixty (60) days thereafter, (ii) upon the other party's making a general assignment for the benefit of creditors, or (iii) upon the other party's dissolution or ceasing to conduct business in the ordinary course. This Agreement will automatically terminate if Customer breaches provision of the license(s) granted herein.

Effect of Termination. Upon termination of this Agreement, all of Customer's rights to use the Software and Documentation will immediately terminate and Customer will return to Silent Bridge, Inc. or destroy all copies of the Software and Documentation. Notwithstanding the foregoing, the terms which by their nature should survive termination of this Agreement shall survive any such termination.

9. GENERAL PROVISIONS.
Assignment. Customer shall not assign or otherwise transfer the Software or this Agreement to any third party, including any affiliated party, without Silent Bridge, Inc. prior written consent.

Governing Law. This Agreement shall be governed by and construed under the law of the State of Florida without regard to conflict of law’s provisions. The federal and state courts of Boca Raton, Florida, USA shall have exclusive jurisdiction and venue to adjudicate any dispute arising out of this Agreement. Each party expressly consents to the personal jurisdiction of the courts of Florida and service of process being effected upon it by registered mail sent to the address set forth at the beginning of this Agreement. The UN Convention on Contracts for the International Sale of Goods is expressly excluded.
Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and if no feasible interpretation will save such provision, it shall be severed from this Agreement, and the remaining provisions remain in full force and effect.

Amendment. No amendment or modification of this Agreement shall be binding unless it is in writing and is signed by an authorized representative of each party.

Notice. Any notice required or permitted to be given pursuant to this Agreement shall be given in writing, by confirmed facsimile, by overnight delivery service, sent via certified mail, return receipt requested, or delivered by hand and shall be deemed to have been given when received.

Complete Agreement. This Agreement is the complete and exclusive statement of the agreement between the parties with respect to the subject matter hereof and supersedes all prior proposals, understandings and agreements, oral or written between the parties relating to this Agreement. Notwithstanding the foregoing, if the parties enter into a Support and Maintenance Agreement and / or a Professional Services Agreement, then such other executed agreements shall not be deemed superseded by, and shall not supersede, this Agreement and shall be in effect in accordance with their respective terms.

Force Majeure. Nonperformance of either party will be excused to the extent that performance is rendered impossible by strike, fire, flood, earthquake, governmental acts or orders or restrictions, failure of suppliers, or any other reason where failure to perform is beyond the control and not caused by the negligence of the non-performing party.

Export Controls. Customer understands that Silent Bridge, Inc. and its licensors are subject to regulation by agencies of the US. Government, including, but not limited to the U.S. Department of Commerce, which prohibit export or diversion of certain technical products to certain countries. Customer warrants that it will comply in all respects with the Export Administration Regulations and all other export and re-export restrictions as may be applicable to the Software and Third Party Software.

SOFTWARE MAINTENANCE & SUPPORT SERVICES AGREEMENT
READ THE TERMS OF THIS SOFTWARE MAINTENANCE AND SUPPORT SERVICES AGREEMENT ("AGREEMENT") GOVERNING THE PROVISION OF MAINTENANCE AND SUPPORT SERVICES BY SILENT BRIDGE INC. AND THE RELATED RESPONSIBILITIES OF YOU, THE CUSTOMER, CAREFULLY. THESE TERMS GOVERN THE PROVISION OF ANY SUPPORT AND MAINTENANCE SERVICES PURCHASED BY YOU IN CONNECTION WITH ANY SOFTWARE PROVIDED BY SILENT BRIDGE.

BY INDICATING ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT, AND BY USING THE SOFTWARE, YOU ("CUSTOMER") ARE (1) REPRESENTING THAT YOU ARE OVER THE AGE OF 18, (2) REPRESENTING THAT YOU HAVE THE RIGHT AND AUTHORITY TO LEGALLY BIND YOUR COMPANY AND/OR EMPLOYER, AND (3) CONSENTING TO BE LEGALLY BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THESE TERMS OR CANNOT MAKE SUCH REPRESENTATIONS, SELECT THE "DECLINE" BUTTON AT THE END OF THIS AGREEMENT, DO NOT USE THE SOFTWARE, AND CONTACT YOUR SILENT BRIDGE REPRESENTATIVE.
This Software Maintenance and Support Services Agreement sets forth the terms and conditions under which Silent Bridge, Inc. agrees to perform certain support services in connection with any software licensed by Customer under the End User License Agreement between the parties ("License Agreement"). Any capitalized terms not defined herein will have the meaning set forth in the License Agreement.

Disclaimer - © 2006-2009 SilentBridge, Inc. All Rights Reserved. NOTE: All trademarks on this site are property of their respective owners. These companies are not affiliated with catchmee.com or SilentBridge, Inc. in any way. Mentioned trademarks are used solely for the purpose of describing phone and carrier compatibility for our mobile phone software.