Legal information regarding the download, purchase and use of Net Orbit.
This Software End User License Agreement (collectively referred to herein as the "Agreement") constitutes a binding agreement between you the purchaser or trial user, and/or any other third party using the Software (collectively referred to herein as the "User"), and Retina-X Studios, LLC (collectively referred to herein as "RXS"). You should read the following terms and policies carefully before installing Net Orbit (collectively referred to herein as the "Software"). If you do not agree to be bound by these policies, terms and conditions, you may not purchase or install the Software. The use of the Software is strictly prohibited unless you agree to be bound by the terms and conditions of this Agreement.
By accepting the Agreement, User agrees to only install the Software onto a device or devices owned by the User. User also agrees to inform any person(s) who uses a device with the Software installed of the presence of the Software and gain consent from said person(s) before allowing them use of the device(s) containing the Software. Failure to comply may result in User breaking state and/or federal laws. User understands that User shall be responsible for any legal costs incurred by RXS which is a direct result of User’s improper use of the Software.
User agrees that any user of monitored devices have signed an Acceptable Use Policy beforehand, which provides consent to be monitored by their employer or educational institution. In the case of minor students, User agrees that a legal guardian of said students have signed an Acceptable Use Policy giving permission to the educational institution to monitor activities of their child on school devices.
The Software is distributed and licensed on an "as is" basis and no warranties or guarantees of any kind are promised by RXS as to their performance, reliability or suitability to any given task. In no event shall RXS be held liable for any loss of data or ANY DAMAGES OF ANY KIND, financial, physical, emotional or other, which might arise from its use. Federal or local law governs the use of some types of software; it is the responsibility of the User to follow such laws.
User agrees that User will comply fully with all relevant export laws and regulations applicable to you, including, without limitation, the U.S. Export Administration Regulations if User is a resident of the United States (collectively referred herein as "Export Controls"). Without limiting the generality of the foregoing, User will not, and User will require User’s representatives not to, export, direct or transfer the Software, or any direct product thereof, to any destination, person or entity restricted or prohibited by the Export Controls.
If User is entering into this Agreement on behalf of any agency or instrumentality of the United States Government, the Software is "commercial computer software" and "commercial computer software documentation" and pursuant to FAR 12.212 or DFARS 227.7202, and their successors, as applicable, use, reproduction, and disclosure of the Software are governed by the terms of this Agreement.
User agrees that User will not (1) intercept, examine or otherwise observe any proprietary communications protocol used by the Software, whether through the use of a network analyzer, sniffer or other program or device; or (2) use any type of virus, clock, timer, counter, worm, bot, spider, software lock, drop dead device, Trojan-horse routing, trap door, time bomb or any other codes, instructions or third-party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble, the Software.
The computer Software, artwork, music, and other components included in the Software product are the copyrighted property of RXS and its licensors. The Software is licensed (not sold) to User, and RXS owns all copyright, trade secret, patent and other proprietary rights in the Software. User may not: (1) copy (other than once for backup purposes), distribute, rent, lease or sublicense all or any portion of the Software; (2) modify or prepare derivative works of the Software; (3) transmit the Software over a network, by telephone, or electronically using any means, except in the course of User’s network usage of the Software over authorized networks; (4) reverse engineer, decompile or disassemble the Software. User may transfer the Software, but only if the recipient agrees to accept the terms and conditions of this Agreement. If User transfers the Software, User must transfer all components and documentation and erase any copies residing on computer equipment. User’s license is automatically terminated if User transfers the Software.
User expressly acknowledges and agrees that use of the Software is at User’s sole risk. All sales are final. We do not issue refunds for simply changing your mind. Refunds will not be given without proper troubleshooting of a problem by our technical support staff.
If User experiences technical issues with Software, we will work with User to resolve these issues in a timely manner. If these issues can't be resolved, a refund will be issued if the Software is proven defective. We reserve the right to refund an order and discontinue support and service if User is threatening us or it is determined that User is using the service for disallowed purposes. All refunds result in immediate discontinuation of service and support. All sales are final.
User is made aware by the documentation on this web site that, as the owner of the device to be monitored, unrestricted access to the device to be monitored is required. Unrestricted access is defined as:
If User purchases this Software and does not meet the criteria outlined above, refunds will not be issued due to this situation. Also, if User purchases this Software and cannot bypass, remove, or configure their anti-virus program to allow Net Orbit to function on the device they own and wish to monitor, we are not liable for refunds due to this situation.
Any User who claims that their purchase was made in error or submitted fraudulent information will forfeit their right to any refund and will be held liable for all charges for the transaction. Our web site has built-in safeguards to stop one-click purchasing in error. Also, if you feel a purchase was made using your information, RXS requests you contact your bank to submit a fraudulent charge alert so that the bank can contact the appropriate parties to have it resolved.
Net Orbit is designed to monitor your child, student or employee only, with consent. Retina-X Studios defines child, student or employee as:
Employee: Your employee at a company you own, OR an employee working at the same company where you work and you have managerial responsibilities for. The employee must be monitored using a device running a compatible operating system owned by the company and issued to the employee under your company's policies regarding company device.
Student: As an educator or network administrator, students in your classroom or educational facility whom have an Acceptable Use Policy in place signed by the student, or their legal guardian if the student is a minor, which gives permission for the student to be monitored while using a school device.
Child: Your own legal child that is under the legal age of 18 (as defined by US law). The child must be using a device that you own and running a compatible operating system in order to be monitored. You must be the legal guardian of the child and you must own the device(s) being monitored.
Net Orbit cannot be used to monitor any other individuals (such as a spouse, friend, significant other, etc.). Additionally, any minor child or student must give their own written consent to be monitored upon their eighteenth birthday, or else they cannot be monitored.
It is company policy that our customer order databases remain confidential and private. We have not, do not, and won't ever sell names to spammers or other parties who would like to use our databases to advertise or solicit their products or services. The Software does not collect any information from your system other than the information required for the successful operation of the Software. Your private information is safe with us.
As you browse this and other websites, online ad networks we work with may place anonymous cookies on your computer, and use similar technologies, in order to understand your interests based on your (anonymous) online activities, and thus to tailor more relevant ads to you. If you do not wish to receive such tailored advertising, you can visit this page to opt out of most companies that engage in such advertising. (This will not prevent you from seeing ads; the ads simply will not be delivered through these targeting methods).
This website collects certain information from and about its users two ways:
Web logs and User Entered Information.
a. Web Logs
When you visit our Website, we may track information to administer the site and analyze its usage. Examples of information we may track include:
b. User Entered Information
Visitors to our website can register to purchase products and services. When you register, we will request some personal information such as name, address, email and other relevant information. Any financial information we collect is used only to bill you for the services you purchased. If you purchase by credit card, this information may be forwarded to your credit card provider.
For other types of registrations, we will ask for the relevant information. You may also be asked to disclose personal information to us so that we can provide assistance and information to you. For example, such data may be warranted in order to provide online technical support and troubleshooting. Retina-X Studios, LLC does not contact you by direct mail or telephone for any reason unless requested.
We will not disclose personally identifiable information we collect from you to third parties without your permission except to the extent necessary including:
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Terms are subject to change at any time without notice.
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