End User License Agreement
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY. THEY SHALL GOVERN YOUR USE OF THE SOFTWARE AND SITE. IF, AFTER READING THESE TERMS AND CONDITIONS OF USE, YOU WISH TO USE THE SOFTWARE PLEASE INDICATE YOUR ACCEPTANCE HEREOF BY CLICKING 'I AGREE' AT THE END.
TERMS AND CONDITIONS OF USE The software is subject to these terms and conditions of use and all modifications thereto including all rules that may be published on the site from time to time.
Your use of the Software and Site, including any content and software contained therein, signifies your understanding and agreement that such use is entirely at your own risk. You agree to use the Software and Site solely for your personal use. there is no guarantee reliability, accuracy, or completeness of the Software, Service or Site.
The Software is provided to any user who agrees to be bound to this Agreement and by additional terms that shall be added from time to time (such as payment terms with respect to the Service or any part thereof). Users who violate this Agreement may be barred from using the Software. In consideration of your use of the Software, and without derogating from the right to charge fees as additional consideration for the Service or any part thereof You agree not to transfer or resell the Software, in whole or in part, to any third party, or allow unauthorized access to the Software, by any third party.
2. CHANGES IN TERMS AND CONDITIONS OF USE
the company may change these Terms and Conditions from time to time and at any time, with or without a release of a new version of the Software, and without actual notice to you. All such changes to this Agreement will appear on the Site. may provide additional notice of such changes by providing a link from the Service to the Site. You agree that your continuing to use the Software, Service and/or Site for a period of thirty (30) days after such notice has been posted on the Site for the first time shall constitute your consent to the new or revised set of Terms and Conditions.v 3. AUTHORIZED PERSONS
You are responsible and liable for any activity by any person who uses the Software through your computer. You agree to immediately notify any unauthorized use of the Software or any other breach of security known or suspected by you.
4. SOFTWARE LIMITED LICENSE AND USE POLICY
The Software may have been downloaded from the Site or another authorized web site. If you have downloaded the software - you acknowledge that no payment was made by you for the Software, regardless of the method of delivery, and if payments were made, they were made for other equipment, products or services and not for the Software. To ensure the proper functionality and security of the Software always make sure you are using a current and authorized copy of the Software.
The Software is being licensed to you by 'AS IS' basis, for your private personal use only. Except as expressly permitted hereunder, you agree not to extract or harvest any information from any portion of the Software, including without limitation, from any User Profile, or any other portion of the Site, or to reverse engineer, decompile, disassemble, alter, duplicate, make copies of, distribute or provide others with the Software, or any information available on, derived or extracted from the Site and/or Software or any part of the foregoing.
The company may, at its sole discretion, limit, deny, or create different levels of use for different users, or cancel some or all of the functionality of the Software or the Service at any time, without prior notice.
5. PRIVACY STATEMENT
This statement applies to the company information collection and use policies with respect to use of the Site and Software. Amendments to this statement will be posted at this URL and will be effective when posted. Your continued use of this Site or the Software following the posting of any amendment, modification or change to this statement shall constitute your acceptance thereof.
THE SITE We do not request nor collect any personal or non-personal information from Users who simply visit the Site.
To get started, a User must first download the Software. While installing the Software some information will be collected as described more fully below.
Software Registration Information
During the installation process, the software may collect certain non-personally identifiable information about you, such as country, language, version ID, setup ID, affiliate IDs, and installation date. Other than this information the software will not collect nor maintain any other personally or non-personally identifiable information about any User.
OUR USE OF THE INFORMATION YOU PROVIDE
The company will only use information that is provided in order to provide Users with important information about the Software (such as upgrades, modifications, etc.) and to announce new products and services available to Users. Except as necessary to perform the functions of the Software and/or Site, the company will not share, sell or lease any personally identifiable information about any User to any unaffiliated third party for any purpose without that User's permission.Non-Personally Identifiable Information
The comapny may use certain non-personally identifiable information provided by Users for the following purposes:
To create aggregate, non-personal, demographic reports about the Users of the software.
Provide Users with certain content that may be of interest to that User based on the information the User provides.
GENERAL USAGE PATTERNS
The company may gather information related generally to Users' use of the Software. This information, which will only be collected and maintained in aggregate, anonymous form, will be used, among other things, to:
Provide a better understanding of how Users use the Software and the various features thereof;
Help to create and provide new services and offerings to Users; and
Conduct and publish aggregate, anonymous, market research results.
The company may collect settings, technical and other information from Users' computers, such as a computer's operating system, browser versions used, various communication parameters and other information related to the operation and interaction of the Software, subject to the provisions herein. This information will neither contain nor be linked to any personally identifiable information.
An Internet Protocol address is a number that's automatically assigned to a computer when using the Internet. Web servers can automatically identify individual computers by their IP address. the company may collect IP addresses to:
Facilitate system administration; Diagnose system problems; Report aggregate User information; and Avoid hacking attacks on the servers. The company does not link IP addresses to any personally identifiable information, even if such information is voluntarily provided by a User.
CONSENT TO PROCESSING
Users, including without limitation, Users in the European Union, fully understand and unambiguously consent to the collection and processing of their non-personally identifiable information, in the United States.
OTHER WEB SITES; LINKS
The Site may contain links to other Web sites. The company is not responsible for the privacy practices or the content of such Web sites.
6. USER CONDUCT
Copy or Use:
Information, software or other material that is protected by copyright or other proprietary or intellectual property right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rights holder.
THE SOFTWARE AND SITE MAY BE VULNERABLE TO VARIOUS SECURITY ISSUES AND SHOULD NOT BE CONSIDERED SECURE. BY USING THE SOFTWARE AND SITE YOU MAY BE SUBJECT TO VARIOUS RISKS.IF YOU DO NOT WISH TO BE SUBJECTED TO THESE RISKS, YOU ARE ADVISED NOT TO USE THE SOFTWARE OR SERVICE.
8. INTELLECTUAL PROPERTY RIGHTS
the company is the sole owner of the Software, and Site, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto. Except as otherwise specifically provided in these Terms and Conditions, you may not download or save a copy of the Software or Site or any portion thereof, for any purpose. You may, however, print a copy of individual screens appearing as part of the Software and Site solely for your personal use or records. All title and intellectual property rights in and to the content of any third party web site which may be linked to or viewed in connection with the Software is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This Agreement grants you no rights to use such content except as allowed by such third party.
9. UNSOLICITED MATERIALS
Any unsolicited materials submitted or sent will be deemed to be not confidential or secret. By submitting or sending information or other material you: (a) Warrant that you have all rights of any kind to the material and that to the best of your knowledge no other party has any rights to the material; and (b) Unless stated specifically otherwise therein, grant the company an unrestricted, perpetual, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute the material, and you further agree that the company is free to use any ideas, know-how, concepts or techniques you send us for any purpose, without any compensation to you or any other person.
10. DISCLAIMER OF WARRANTIES
THE SOFTWARE, SERVICE AND SITE ARE PROVIDED 'AS IS' AND 'AS AVAILABLE,' WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, INTEROPERABILITY, OR CONTENT OF THE SOFTWARE, SERVICE OR SITE; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE SOFTWARE OR SITE, INCLUDING WITHOUT LIMITATION AS A RESULT OF ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. THE COMPANY DOES NOT WARRANT OR GUARANTEE THAT ALL SOFTWARE VERSIONS SHALL BE PROVIDED WITH SIMILAR GRADES AND LEVELS OF SERVICE, FEATURES, FUNCTIONALITY AND THE ABILITY TO USE THE SOFTWARE. THE COMAPNY DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PROGRAM WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT THE FUNCTIONS OR SERVICES PERFORMED BY THE COMPANY WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SOFTWARE AND THE SERVICE WILL BE CORRECTED. IT IS YOUR SOLE RESPONSIBILITY TO ISOLATE THE SOFTWARE AND INFORMATION, EXECUTE ANTI-CONTAMINATION SOFTWARE AND OTHERWISE TAKE STEPS TO ENSURE THAT SOFTWARE OR OTHER INFORMATION OBTAINED FROM THE SERVICE OR OTHER USERS, IF CONTAMINATED OR INFECTED, WILL NOT DAMAGE YOUR INFORMATION OR SYSTEM.
11. LIMITATION OF LIABILITY
IN NO EVENT WILL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SITE, SOFTWARE, OR SERVICE, EVEN IF THE COMPANY SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY OTHER SOFTWARE OR OTHER CONTENT INCLUDED AS PART OF THE SERVICE OR BY THE SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE COMPANY'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT WILL THE COMPANY'S LIABILITY WITH RESPECT TO THE USE OF THE SOFTWARE AND SERVICE EXCEED THE HIGHER OF (I) ONE HUNDRED ($100) U.S. DOLLARS, OR (II) THE ACTUAL CONSIDERATION RECEIVED BY THE COMPANY FOR THE USE OF THE SOFTWARE AND SERVICE.
By agreeing to use the Software and/or Site, you agree to defend, indemnify and hold the company, its affiliates, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Service or Site or the creation, the placement or transmission of any message, information, software or other materials through the Service by you or users authorized by You or related to any violation of these Terms and Conditions by You or any user authorized by you.
13. CANCELLATION AND TERMINATION
The company may, at its sole discretion, terminate the license provided hereunder or your use of the Software, permanently or temporarily, at any time and without cause. You may at any time cancel your use of the Software Upon cancellation or termination, you will immediately cease all use of any software and any documentation provided to you and return or destroy all copies thereof. Except as otherwise expressly provided herein, all sections of these Terms and Conditions which by their nature should survive termination will survive termination, including, without limitation, indemnities, warranty disclaimers, and limitations of liability. Termination is not an exclusive remedy and we reserve all other available remedies in contract, law or equity.
14. LINKED SITES
The Software and Site contain features that may link you to third parties' web sites ('Linked Sites'). These features are provided by only as a convenience. The Linked Sites are not reviewed, controlled or examined in any way and the company is not responsible for the content of any such Linked Sites, or any additional links contained therein. The offering of these features does not imply the company's endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall the company be liable to anyone for any damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed-through these Linked Sites. the company may at its sole discretion add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Software and Service and/or introduce different features or links to different users.
15. PROVISIONS UNENFORCEABLE OR INVALID
If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this Agreement. The company may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under this agreement to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.