End user agreement for Cliprex DS DVD Player
Cliprex DS DVD Player License Agreement
Cliprex DS DVD Player Freeware version
Copyright (c) 2001-2003 Cliprex Video Software,
Rainier Mertens, All Rights Reserved
This version of Cliprex may be freely distributed.
You should carefully read the following terms and conditions
before using this software.
UNDER NO CIRCUMSTANCES YOU MAY REVERSE-ENGINEER, MODIFY OR ALTER IN ANY WAY FILES OR PROGRAM ITSELF IN THIS DISTRIBUTION PACKAGE.
Permission is granted to anyone to use this software for non-commercial purpose. For commercial usage, please contact: firstname.lastname@example.org. You may redistribute this file freely (Cover CDs, Internet etc.), subject to the following restrictions:
1. The origin of this software must not be misrepresented; you must not claim that you wrote the original software.
2. This notice may not be removed or altered from any source distribution.
3. This installation package must stay intact.
The author of Cliprex expressly disclaims any warranty for this program. This program and any related documentation is provided 'as is' without warranty of any kind, either express or implied including, without limitation, the implied
warranties or merchantability, fitness for a particular purpose, or noninfringement. The entire risk arising
out of use or performance of this program remains with YOU.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. In no event shall the author or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of buisiness profits, business interruption, loss of business information or any other pecuniary loss) arising out of the use of or inability to use this program, even if the author of Cliprex has been
advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
New.Net License Agreement
This Software Use Agreement (this "Agreement" governs your use of the software produced by or on behalf of New.net, Inc. ("New.net") which you are installing or install (including any updates, enhancements or upgrades thereto) (the "Product"). Please read this Agreement carefully because it constitutes a legally binding contract between you and New.net and governs your use of the Product. In addition, should you choose to access and/or use New.net's web site which has its homepage located at www.new.net (the "Site"), such access and use will be governed by the Site's policies and agreements in effect at that time.
Address and Contact Information.
New.net is a Delaware corporation. New.net's business address is: 76 N. Fair Oaks, Pasadena, CA 91103. You may send email to New.net at email@example.com.
Acceptance of Terms, Agreement.
By installing the Product, you agree to be bound by all of the terms and conditions stated in this Agreement . If you do not wish to be bound by this Agreement, you must not install or otherwise access the Product. New.net may amend this Agreement at any time without notice and such modifications shall be deemed effective immediately upon posting on the Site the modified terms or this Agreement as so modified. You should review the Site from time to time to look for any such modified terms. Your continued access to or use of the Product shall be deemed conclusive acceptance by you of the modified terms of this Agreement. If any changes or modifications to this Agreement are unacceptable to you, you must cease using the Product. Should a conflict between this Agreement as set forth here and this Agreement as posted to the Site arise, you understand and agree that the Agreement as posted on the Site will control and govern your use of the Product.
Rights; Restrictions; Ownership.
This Agreement allows you to use the Product. New.net grants to you a nonexclusive, nontransferable, royalty-free license permitting you to download and install the Product solely for your personal use. The rights granted to you by New.net shall not be assigned, sublicensed or otherwise conveyed or transferred by you to any other person, organization or entity. Any rights not expressly granted to you herein by New.net are reserved. You shall not decompile, reverse engineer, disassemble, or otherwise reduce the Product to a human-perceivable form. You shall not modify, sell, rent, transfer, resell, distribute, duplicate, reproduce, copy, license or modify, or create derivative works based upon, the Product or any part thereof. You will not export or re-export, directly or indirectly, the Product into any country prohibited by the United States Export Administration Act and the regulations thereunder. The foregoing license gives you limited rights to use the Product. You do not become the owner of the Product. As between you and New.net, New.net retains all title to the Product and all copies thereof. All rights not specifically granted in this Agreement are reserved by New.net. You acknowledge and agree that New.net holds all rights to, title to and interest in all tangible and intangible incidents of the Product, including all patents, copyrights and trade secrets pertaining thereto, and that this Agreement conveys to you only a limited right to access and use the Product. You acknowledge that the Product, including, without limitation, all code therein, contains proprietary and confidential information, are owned by New.net, and are protected by applicable intellectual property and other laws. You shall not infringe or violate any such rights or laws.
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Automatic Update Feature.
The Product may automatically communicate with New.net's, or third party's, servers on the Internet to check for and install updates to the Product, such as bug fixes, patches, enhanced functions, and new versions. You consent to your receipt and installation of all of the foregoing and agree that all of the foregoing shall be governed by this Agreement, unless other terms are provided with the update.
You understand that all content, including, without limitation all data, links, articles, graphic or video messages and all information, text, software, music, sound, graphics or other materials ("Content") made available through the Product, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. You understand and agree that by using the Product you may be exposed to Content that is offensive, indecent or objectionable. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content. Under no circumstances will New.net be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for loss or damage of any kind incurred as a result of the use of any Content posted or transmitted via the Product.
New.net does not collect any Personally Identifiable Information about you via the Product. "Personally Identifiable Information" means information that would allow the collector to determine, without reference to any other information, your name, address or telephone number. However, New.net may collect non-personally identifiable technical or distribution information that may include, without limitation, information regarding your Internet service provider, the IP address or other source from which the Product was downloaded or installed, and certain operating metrics such as which Product number belongs to your Product.
Modifications to Product or Site; Termination.
New.net has the right at any time to disable, modify or discontinue, temporarily or permanently, the Site or the Product (or any part thereof), or the term of the license granted by this Agreement, with or without notice or obligation to you or any third party. You agree that New.net shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, the Product or any license.
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YOU AGREE AND UNDERSTAND THAT ANY THIRD PARTY SOFTWARE, INCLUDING ANY THIRD PARTY'S PLUG-IN, THAT MAY BE PRO VIDED WITH THE PRODUCT IS INCLUDED FOR USE AT YOUR OPTION. IF YOU CHOOSE TO USE SUCH THIRD PARTY SOFTWARE, THEN SUCH USE SHALL BE GO VERNED BY SUCH THIRD PARTY'S LICENSE AGREEMENT OR OTHER CONTRACT. NEW.NET IS NOT RESPONSIBLE FOR ANY THIRD PARTY'S SOFTWARE, PRODUCT S, OR SERVICES AND SHALL HAVE NO LIABILITY FOR YOUR USE OF THIRD PARTY SOFTWARE, PRODUCTS, OR SERVICES.
WAIVER OF CLAIMS; LIMITATION OF LIABILITY; NO WARRANTIES.
BY INSTALLING, DOWNLOADING OR USING THE PRODUCT, YOU HEREBY AND FOREVER WAIVE ANY AND ALL CLAIMS YOU HAVE NOW OR MAY HAVE IN THE FUTURE AGAINST NEW.NET RELATING TO YOUR DOWNLOAD, INSTALLATION OR USE OF THE PRODUCT. YOU HEREBY WAIVE ANY CLAIM THAT THE FOREGOING LIMITATION OF LIABILITY DEPRIVES YOU OF AN ADEQUATE REMEDY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PRODUCT IS TO STOP USING THE PRODUCT. YOU SPECIFICALLY AGREE THAT NEW.NET SHALL NOT BE LIABLE FOR LOSSES OR LIABILITIES ARISING IN CONNECTION WITH YOUR DOWNLOAD, INSTALLATION OR USE OF THE PRODUCT, INCLUDING, BUT NOT LIMITED TO LOSS OR LIABILITY: (A) ARISING IN CONNECTION WITH SOFTWARE CONFLICTS RELATED TO THE PRODUCT; (B) RESULTING FROM DATA NON-DELIVERY, DATA MIS-DELIVERY OR UNAUTHORIZED ACCESS TO TRANSMISSIONS OR DATA; (C) ARISING IN CONNECTION WITH YOUR INFRINGEMENT OF A THIRD PARTY'S RIGHT; OR (D) RESULTING FROM DEFECTS OR VIRUSES IN, OR DISTRIBUTED WITH, THE PRODUCT. WITHOUT LIMITING THE FOREGOING, NEW.NET SHALL NOT BE LIABLE TO YOU FOR ANY ACTUAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOST OR IMPUTED PROFITS OR ROYALTIES ARISING OUT OF OR RE LATING IN ANY WAY TO THE PRODUCT OR THIS AGREEMENT, IRRESPECTIVE OF WHETHER YOU HAVE ADVISED NEW.NET OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. THE PRODUCT IS PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO TECHNICAL SUPPORT OR REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, TITLE AND NON-INFRINGEMENT.
You agree to release, indemnify, defend and hold harmless New.net, its parent, shareholders, subsidiaries, affiliates, officers, directors, employees, agents and advisors, from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable attorneys' fees and costs (whether brought by third parties or otherwise) due to or arising out of your use, installation or download of the Product or your breach of this Agreement. New.net reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and in such event, you shall have no further obligation to provide indemnification for such matter.
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Notice to Government End Users.
The Software and Documentation are "Commercial Items," as that term is defined at 48 C.F.R. § 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F. R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (A) only as Commercial Items and (B) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
Limited Distribution and Territorial Considerations.
New.net controls and operates the Product from its offices within the State of California, U.S.A., and all transactions conducted regarding the Product are conducted in the State of California. New.net makes no representation that materials in the Product are appropriate or available for use in other locations. Those users who choose to access the Product from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. European Union users understand and consent to the processing of personal information (if any) in the United States. Use of or access to the Product should not be construed as the purposeful availment of the benefits or privilege of doing business in any state other than the State of California by New.net.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. If no enforceable provision can be substituted, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of California, without regard to conflicts of law principles. With respect to all matters pertaining to this Agreement or the Product, you shall bring all actions, and you consent to jurisdiction, in either the state or federal courts located in Los Angeles County, California. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Use of the Product is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this paragraph.
MY SEARCH BAR SOFTWARE LICENSE TERMS
BY CLICKING ON THE SUBMIT, DOWNLOAD, I ACCEPT OR SUCH SIMILAR BUTTON OR LINK AS MAY BE DESIGNATED FOR PURPOSES OF INITIATING THE DOWNLOAD OF THE MY SEARCH TOOLBAR SOFTWARE PRODUCT (THE APPLICATION) AND DOWNLOADING AND INSTALLING THE APPLICATION, YOU AGREE TO BE LEGALLY BOUND BY THESE LICENSE TERMS AND CONDITIONS:
1. License Grant
Subject to the terms and conditions of this Agreement, Bulldog Holdings, Inc., d/b/a My Search (My Search) grants you a non-exclusive, revocable, limited license, to (a) download and install the most current versions of the Application and (b) use the Application(s) you download and install for your personal, non-commercial purposes.
2. License Restrictions
You acknowledge and agree that we have no obligation to make available to you any subsequent versions of our Applications. You may not sell, lease, sublicense, distribute, copy (other than a single copy for your own backup purposes), or in any way transfer any of our Applications. You may not modify, reverse-engineer, decompile, disassemble, or otherwise discover or disassemble our Applications, or attempt to do so for any reason. Further, you may not access, create or modify our source code in any way. You do not have the right to create derivative works of our Applications. All modifications or enhancements to our Applications remain our sole property. You understand that we, in our sole discretion, may modify or discontinue or suspend your right to access any of our services or use any of our Applications at any time, and we may at any time suspend or terminate any license hereunder and disable any Applications you may already have accessed or installed without prior notice or further obligation to you.
This is a limited license to use our Applications, and not a sale or transfer of ownership, in whole or in part, to any Application. We reserve all rights in our Applications not expressly granted to you in this Agreement.
3. Other Restrictions
You may not rent, lend, assign, lease or sublicense any Application, or use any Application for the benefit of any third party through any outsourcing or time sharing arrangement or through the operation of any service bureau, but you may transfer your rights under this Agreement on a permanent basis provided (i) you transfer all copies of any of our Applications you may possess and of this Agreement (including the Privacy Notice); and (ii) the recipient agrees to be bound by this Agreement including the Privacy Notice. Any transfer must include the most recent product upgrade. When you transfer an Application, you must remove all remaining copies of the Application from your computer and destroy any other copies, whether true or modified, in your possession.
You acknowledge and agree that each of our Applications is licensed, not sold to you. You agree that we own all of our Applications, including all Intellectual Property Rights in or relating to each Application, except as otherwise specified or expressly granted to you in this Agreement. Intellectual Property Rights means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not delete, alter, or remove any copyright, trademark, or other proprietary rights notice we have placed on any Application. My Search reserves all rights not specifically granted in this Agreement. We retain all ownership and Intellectual Property Rights in each of our Applications at all times, and regardless of the form or media in or on which the original or other copies may subsequently exist.
You acknowledge that each of our Applications, including all code, content, protocols, software, and documentation provided to you by My Search in conjunction with the Applications or our services are My Searchs property or the property of My Searchs licensors, and are protected by U.S. and international copyright, trademarks, patents and other proprietary rights and laws relating to Intellectual Property Rights. You acknowledge that you do not acquire any ownership rights in any such content, protocols, software or documentation and that you may not resell any of our Applications or services (or any part thereof) or any such content, protocols, software or documentation. All rights not expressly granted hereunder are expressly reserved to My Search and My Searchs licensors.
5. Content and Infringement
You understand that all content, including, without limitation all data, links, articles, graphic or video messages and all information, text, software, music, sound, graphics or other materials (Content) made available through the Applications or our services, whether publicly posted or privately transmitted, is the sole responsibility of the entity from whom it originated. You understand and agree that by using an Application, you may be exposed to Content that may be offensive, indecent or objectionable in your community. You agree to accept all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content. Under no circumstances will My Search be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for loss or damage of any kind incurred as a result of the use of any Content posted or transmitted via the Application.
We are not responsible for any content such as audio, video, text or any other, files owned by users of our Applications. All of our Applications are exposed to various security issues, and should be regarded as unsecured. By accepting this Agreement, you indicate that you understand, acknowledge and agree that by using our Applications, you may be subject to various risks, including the exposure of data you have downloaded or have offered to share, and that you accept all such risk as solely your risk and responsibility.
In addition, all content made available or accessed through our Applications is the property of the applicable content owner and may be protected by applicable laws including without limitation those relating to Intellectual Property Rights. This Agreement gives you no rights to such content.
My Search respects and expects its users to respect the rights of copyright holders. On notice, My Search will act expeditiously to remove content accessible through our services that infringes the copyright rights of others. My Search will disable the access to the Applications and our services by anyone who uses them to repeatedly infringe the Intellectual Property Rights of others. If you believe that our services contain elements that infringe your copyrights in your work, please follow our Notice and Procedure for Making Claims of Copyright Infringement located at http://www.mysearch.com/jsp/terms.jsp.
6. Consent to Installation and Right to Uninstall
You understand that you may uninstall any of our Applications at any time by using the Windows add/remove programs function or following the instructions listed on our website at http://help.mysearch.com/searchbar.html#q4. However, by uninstalling the Applications, you will be unable to access our services and, in some instances, unable to use software with which the Application was bundled.
You understand, acknowledge and agree that installation of an Application permits the downloading to your computer by My Search of software which allows us to update the Application, and that such updates may occur without notice to you, unless the terms of this Agreement change in a material way. You agree to accept all such updates and agree that they are and shall be governed by this Agreement unless superceded by a successor agreement as described below.
You further understand, acknowledge and agree that in consideration of the Applications, services and information provided to you by My Search, and in order to make our services functional and robust, the Application may communicate with our servers. The Application does not monitor or report back to My Search with information about where you are traveling or what you do on any web sites. The Application communicates only in connection with verifying and updating your settings (which may be adjusted from the My Search website) or in connection with updates. You hereby consent to such communications and our use of such information. If you wish to withdraw your consent to our gathering and use of such data and information, uninstall our applications.
7. Your Obligations
You represent and warrant that you are either the owner or an authorized user of the computer where our Application is installed. You agree, with respect to all other users of your computer, to (i) provide a copy of this Agreement; and (ii) obtain their consent to this Agreement before allowing them to use the computer to access the Internet. You agree to provide and to maintain fully accurate, complete and current information related to your registration for the Applications and our services and information that may be required in the course of your use of our services. If My Search has reasonable grounds to suspect that such information is inaccurate, not current or not complete, My Search has the right to suspend or terminate your account, deny any or all use of the Applications or our services, and pursue any appropriate legal remedies. You agree that we shall have the right to use the information you provide to us for the purposes described in this Agreement and in furtherance of your use of our services. You may use our services only for lawful purposes. The services described herein are subject to, and you agree that you shall at all times comply with, all local, state, national, and international laws, statutes, rules, regulations, ordinances and the like applicable to use of the My Search services and Applications. You agree not to use the My Search services and Applications to conduct any business or activity or solicit the performance of any activity, which is prohibited by law, or any contractual provision by which you are bound.
8. Access and Interference; Passwords
You agree that you will not use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of any of our Applications, services or content, except to remove our Applications from a computer of which you are an owner or authorized user. You may not violate or attempt to violate the security of our services. We reserve the right to investigate occurrences which may involve such violations, and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots or other techniques that may have the effect of damaging, destroying, disrupting or otherwise impairing a computers functionality or operation, which may inadvertently be transferred to your computer through your use of our Applications.
In order to access certain services or use certain features of our Applications, you may be required to pay fees and/or accept additional terms and conditions and/or you may be provided you with a number, code or other sequence that provides access to certain restricted services (the ID) and to your account (the Password). You are the sole and exclusive owner of any Password and ID combination issued or chosen by to you. Maintaining the confidentiality and security of your Password(s) and ID(s) is solely your responsibility. You are fully responsible for the use and protection of each Password and ID issued to or chosen by you and for all transactions undertaken by means of any account opened, held, accessed or used via such Password and ID. You shall notify us immediately and confirm in writing any unauthorized use of accounts or any breach of security, including without limitation any loss, theft or unauthorized use of your Password(s), and/or ID(s) or any related account. If we have reasonable grounds to suspect that the security of your Password and/or ID has been compromised, we have the right to suspend or terminate your account, refuse any and all current or future use of the services, and pursue any appropriate legal remedies. We shall not be responsible for any losses incurred in connection with any misuse of any Password or ID.
9. Electronic Signatures and Agreements
You acknowledge and agree that by clicking on the button labeled SUBMIT, DOWNLOAD, I ACCEPT or such similar links as may be designated by My Search to download the software to accept the terms and conditions of this Agreement, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the E-Sign Act) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SERVICES. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
10. Disclaimer of Warranty
YOU ACCESS AND USE OUR APPLICATIONS AND SERVICES AND ANY CONTENT AVAILABLE THROUGH OUR SERVICES OR ON OUR WEBSITE AT YOUR SOLE RISK. WE PROVIDE THE APPLICATIONS AND THE CONTENT ON AN AS IS, AND AS AVAILABLE BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION OR NON-INFRINGEMENT. WE MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING THE SERVICES PROVIDED BY THIRD PARTIES ACCESSIBLE ON OR THROUGH OUR APPLICATIONS OR SERVICES. NEITHER WE NOR OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, THIRD PARTY VENDORS, FACILITIES, INFORMATION PROVIDERS, LICENSORS, NOR ANY EXCHANGES, CLEARING ORGANIZATIONS OR OTHER SUPPLIERS PROVIDING DATA, INFORMATION, OR SERVICES (EACH A PROVIDER) MAKE ANY REPRESENTATION OR WARRANTY: (A) AS TO THE TIMELINESS, SEQUENCE, ACCURACY, COMPLETENESS, RELIABILITY OR CONTENT OF THE APPLICATIONS OR THE SERVICES OR ANY INFORMATION, SERVICE OR TRANSACTION PROVIDED THEREBY, OR (B) THAT THE APPLICATIONS OR THE SERVICES WILL BE AVAILABLE OR WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, OR (C) THAT ERRORS OR DEFECTS RELATED TO THE APPLICATIONS OR THE SERVICES WILL BE CORRECTED. WE ALSO DO NOT WARRANT THAT THE APPLICATIONS OR THE SERVICES OR THE INFORMATION AVAILABLE THROUGH THE SERVICES, IS APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION. WE MAKE NO WARRANTY THAT (i) WE CAN IDENTIFY ANY IDENTITY THEFT, (ii) THE QUALITY OF ANY PRODUCTS OBTAINED OR PURCHASED THROUGH THE USE OF OUR APPLICATIONS WILL MEET YOUR EXPECTATIONS; OR (iii) ANY ERRORS IN OUR APPLICATIONS OR MATERIALS WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
The above exclusions may not apply in jurisdictions that do not allow the exclusion of certain implied warranties.
You may terminate this Agreement at any time by uninstalling and destroying all copies of our Applications in your possession or control. We may terminate this Agreement, disable Applications or cease providing any service at any time in our sole discretion.
12. Limitation of Liability
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL MY SEARCH, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES OR THEIR EMPLOYEES, DISTRIBUTORS, SUPPLIERS, MERCHANT PARTNERS, ADVERTISERS, DIRECTORS OR AGENTS (EACH A PROTECTED PARTY, COLLECTIVELY PROTECTED PARTIES) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR OTHER RELIEF ARISING OUT OF, OR RELATED TO, THIS AGREEMENT OR TO YOUR USE OR INABILITY TO USE ANY OR ALL OF THE APPLICATIONS OR SERVICES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF MY SEARCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS, FOR ANY REASON, HELD TO BE INAPPLICABLE OR UNENFORCEABLE IN WHOLE OR IN PART, THEN MY SEARCHS AGGREGATE LIABILITY, FOR ANY REASON AND FOR ANY CAUSE OF ACTION AND ANY THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE SERVICES OR THIS AGREEMENT SHALL BE LIMITED TO THE LESSER OF DAMAGES ACTUALLY INCURRED OR THE AVERAGE REVENUE RECEIVED BY MY SEARCH PER USER OF MY SEARCH SOFTWARE PRODUCTS PER MONTH AS CALCULATED BY MY SEARCH BASED ON THE USE OF SUCH PRODUCTS (AND NOT OTHER PRODUCTS OR SERVICES OFFERED BY MY SEARCH) MULTIPLIED BY THE NUMBER OF COMPLETE MONTHS YOU HAVE BEEN AN APPLICATION USER THE PROTECTED PARTIES ASSUME NO LIABILITY HEREUNDER FOR, AND SHALL HAVE NO OBLIGATION TO DEFEND YOU OR TO PAY COSTS, DAMAGES OR ATTORNEYS FEES FOR, ANY CLAIM BASED UPON: (I) ANY METHOD OR PROCESS IN WHICH OUR APPLICATION MAY BE USED BY YOU; (II) ANY RESULTS OF USING OUR APPLICATION; (III) ANY USE OF OTHER THAN A CURRENT UNALTERED RELEASE OF ONE OF OUR APPLICATIONS; OR (IV) THE COMBINATION, OPERATION OR USE OF ANY OF OUR APPLICATION(S) WITH THIRD PARTY PROGRAMS OR DATA.
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, our liability shall be limited to the extent permitted by law. if YOU ARE a COMPANY DOING BUSINESS IN CALIFORNIA, YOU HEREBY waive California Civil Code §1542, which says: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.
13. Export Controls
The Applications and the underlying information and technology may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Afghanistan, Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Departments list of Specially Designated Nationals or the U.S. Commerce Departments Table of Deny Orders. By downloading or using our Applications, you agreeing to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you will otherwise comply with all applicable export control laws.
14. Notice to Government End Users
Any Applications, software and documentation hereunder downloaded or otherwise installed for or on behalf of the United States of America, its agencies and/or instrumentalities (U.S. Government), is provided with Restricted Rights as Commercial Items, as that term is defined at 48 C.F.R. §2.101, consisting of Commercial Computer Software and Commercial Computer Software Documentation, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Pursuant to Federal Acquisition Regulation 12.212 (48 C.F.R. § 12.212), the U.S. Government shall have only those rights specified in the license contained herein. The U.S. Government shall not be entitled to (i) technical information that is not customarily provided to the public or to (ii) use, modify, reproduce, release, perform, display, or disclose commercial computer software or commercial computer software documentation except as specified herein. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 C.F.R. 52.227-19, as applicable.
15. Applicable Law
Any claim or controversy arising out of or related to this Agreement, or the products or services we provide or distribute shall be settled by individual binding arbitration in accordance with the rules of the American Arbitration Association then effective. Any such claim or controversy shall be arbitrated on an individual basis and shall not be consolidated with a claim of any other party. Further, in any such dispute, under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim punitive, incidental or consequential damages, and you further waive all rights to have damages multiplied or increased. This shall not preclude us from seeking any injunctive relief for protection of our Intellectual Property Rights. The arbitration shall take place in Irvington, New York or such other location as the parties may mutually agree. The arbitrator(s) shall issue a reasoned award, and any judgment on the award rendered by the arbitrator(s) may be entered in any court of competent jurisdiction. The arbitrator(s) will each be a natural person who has never been employed (either as an employee or as an independent consultant) by either of the parties, or any parent, subsidiary or affiliate thereof, and will be generally familiar with the business of the parties. The arbitrator(s) may upon request exclude from use in the arbitration proceeding any evidence not made available to the other party pursuant to a proper discovery request. The cost of the arbitration will be borne equally by the parties pending the award. The parties, their representatives, other participants, the arbitrator(s) and the administrator(s) of the arbitration will hold in confidence the existence, content and outcome of the arbitration. The parties understand that: (i) arbitration is final and binding on the parties; (ii) the parties are waiving their right to seek remedies in court, including the right to a jury trial; (iii) pre-arbitration discovery is generally more limited than and different from court procedures; and (iv) any partys right to appeal or to seek modification of rulings by the arbitrators is strictly limited.
17. Successor Agreements
The terms of this Agreement may change from time to time. You should check back at the website regularly to determine if any material changes have been made. We will prominently post material changes on the My Search website at least 14 days prior to the effective date of the change and will also attempt to provide you with an on-line notice informing you when such material changes have been made to this Agreement, which notice shall contain an active link that you can use to view a web page containing or linking to the revised Agreement.
You agree that your continued use of any Application or our services after the effective date of any change will constitute your affirmative consent to this revised Agreement. If you do not accept such revisions, you must affirmatively indicate to us by e-mail to My SearchSoftwareProducts@help.Mysearch.com that you do not accept the successor Agreement and remove all of our Applications from your computer and cease all access to and use of our services hereunder. Failure to remove our Applications from your computer will be deemed an acceptance of the terms of the most current Agreement.
18. Order of Precedence
This Agreement and any accepted successor Agreement governs your use of our Applications and our services as described herein. To the extent that any provision of this Agreement, or any supplemental agreement offered as any part of any registration for additional Applications or services, conflicts with any provision of other agreements between you and My Search or any of its related or affiliated entities, the terms of the then-current Agreement, shall, as to the specific subject matter of this Agreement, take precedence over the conflicting term(s) of that other agreement
Without limiting the foregoing, My Search Software Products and My Searchs Services are not intended for use by or availability to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, YOU MAY NOT DOWNLOAD, INSTALL OR USE ANY MY SEARCH SOFTWARE PRODUCT OR APPLICATION AND YOU MAY NOT ACCESS THE SERVICES.
EFFECTIVE DATE: December 4, 2002.
eZula TopText iLookup- TERMS AND CONDITIONS OF USE Agreement (Agreement)
This service (the "Service") and the software enabling the use thereof (the "Software") is currently provided as a free service to any User thirteen (13) years of age or older (collectively "User" or "Users") that agrees to abide by these Terms and Conditions.
Downloading the Service means that you are at least thirteen (13) years of age and accept and agree to be bound by the Terms and Condition and to receive the Service and the Software. From time to time eZula may update or transfer new versions of the Software or Service, in whole or part. Your use of the updated or new versions of the Software and/or subsequent use of the Service is subject to these Terms and Conditions. If you do not agree to abide by these terms, you may not use the Service.
EZula, Inc. is providing you a Service and a Software that, when downloaded on your computer system will notify you of offers and or information that may be of interest to you, by adding an overlay to text of Web sites you visit or by opening new browser windows with various offers and information. Upon the opening of any World Wide Web Page, the Software scans the Web Page, marks on top of those pages words and/or phrases with a yellow underlines and or highlights, for which there are associated Web sites, and creates active links to such sites. This highlighting and underlining are not part of the Web page you are on, but are overlays provided by the Service. When you click on the marked word or phrase, you will be directed to a third party Web site, and if the marked word or phrase is part of a pre-existing link, a pop-up display will ask you if you would like to go to the original link or to the third party Web site, or other promotions will be presented to you. Links to the associated third party Web sites are provided by the Service are clearly marked and are not provided by the Web site you are visiting. If you follow any link and wish to return to the site where you were, simply click the Back button.
1. General Terms and Conditions: While eZula strives to protect any personal information, you acknowledge that you are aware of security and privacy limitations including without limitation: (i) the limitation of security, privacy and authentication measures and features in the Service; and (ii) that data and information on the Service may be subject to eavesdropping, forgery, spamming, tampering, breaking passwords, harassment, fraud, electronic trespassing, hacking, and system contamination, including without limitation, viruses, worms, and Trojan horses, causing unauthorized, damaging or harmful access and/or retrieval of information or data on your computer or other security or privacy hazards. If you do not wish to be subjected to these risks, you are advised not to use the Software or the Service.
2. License Restrictions. eZula grants to you a non-exclusive, limited license, pursuant to the terms hereof, to (a) install and use the Software solely for the purpose of accessing the eZula Service and (b) use eZula for your personal purposes. Your license to use the Service may, at eZula's discretion, expire when new versions of that eZula are released. eZula reserves the right to add additional features or functions to its Service, or to add new Services to the Service, at any time, without asking your approval. When installed on your computer, eZula communicates with its servers periodically. Additionally, eZula may require the update of its Software on your computer when a new version of the Software is released to the general public, when new features are available and/or to add new services to the Service. This update or new download may occur automatically or through other means.
3. Access and Registration: In order to use the Service, you must provide your own equipment to establish a connection to, and access, to the World Wide Web. You are responsible for any fees associated with such connection or access.
4. Disclaimer of Warranties: THE SOFTWARE AND SERVICE ARE PROVIDED "AS-IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED WITHOUT LIMITATION OF THE FOREGOING, EZULA 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 OR SERVICE; 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 THE SERVICE, INCLUDING WITHOUT LIMITATION AS A RESULT OF ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, VIRUS, OR UNAUTHORIZED ACCESS, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION EZULA DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PROGRAM OR PORTION OF THE SERVICE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANY OTHER MANIFESTING, CONTAMINATING OR DESTRUCTIVE PROPERTIES; (2) THAT ANY INFORMATION OR OTHER CONTENT PROVIDED BY EZULA, ITS PARTNERS OR AFFILIATES, USERS OF THE SERVICE OR ANY WEB SITE ACCESSED WHILE USING THE SERVICE WILL NOT CONTAIN DEFAMATORY OR ADULT-ORIENTED MATERIAL, OR MATERIAL WHICH SOME INDIVIDUALS MAY DEEM OBJECTIONABLE; OR (3) THAT THE FUNCTIONS OR SERVICES PERFORMED BY EZULA 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, IF CONTAMINATED OR INFECTED, WILL NOT DAMAGE YOUR INFORMATION OR SYSTEM.
While using Service, you may not:
Harass, threaten, embarrass or cause distress or discomfort upon another User, or any other individual or entity.
restrict or inhibit any other User from using and enjoying the Service.
Impersonate any other person or entity, including without limitation any eZula official, or misrepresent your affiliation with any other person or entity.
Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service 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 right holder.
Upload, post, publish, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto, as the Service is copyrighted under applicable copyright laws and may be covered under one or more patents pending.
Upload, post, publish or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, racist, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute illegal activity, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the US export laws and regulations.
Translate, decompile, reverse engineer, disassemble, modify, copy, alter, merge into other software, reproduce, rent, lease, lend, distribute, remarket, or otherwise dispose of the Service or the Software. You agree to immediately notify us of any unauthorized use of your membership or any other breach of security known or suspected by you.
Post or transmit any bulk e-mails, advertisements, solicitations, offers for sale of goods or services, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by the Service) or engage in spamming or flooding.
Post or transmit any information or software which contains a virus, Trojan horse, worm or other harmful component.
Use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of eZula Service and /or Software.
6. eZula's Rights and Duties: You understand and acknowledge that eZula has no obligation to monitor any portion of the Service and/or Software. You acknowledge and agree, however, that eZula does retain the right to monitor the Service/Software and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request.
7. Links from and to the Service: The Software and Service contain features that may link you to third parties' web sites, directories, servers or services ("Linked Services"). eZula is not responsible for the content of any such Linked Services. The offering of these features does not imply endorsement of the Linked Services by eZula. It is your sole responsibility to comply with the appropriate terms of service of the Linked Services. In no event shall eZula be liable to anyone for any damage arising from or occasioned by the creation or use of the Linked Services or the information or material accessed through these Linked Services.
8. Intellectual Property Rights: As between eZula and you, eZula is the sole owner of the Software and Service, including without limitation, all applicable US and non-US copyrights, patents, trademarks, and trade secrets, and other intellectual property rights appurtenant thereto Except as otherwise specifically provided in these Terms and Conditions, You may, however, print a copy of individual screens appearing as part of the Service solely for your personal non-commercial 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 Service, 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: eZula does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Service, the website located at http://www.ezula.com ("eZula Web Site") or in any other way. Any information or material submitted or sent to eZula will be deemed not to be confidential.
10. Limitation of Liability: IN NO EVENT WILL EZULA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, DISTRIBUTORS, 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 SOFTWARE, SERVICE, VARIOUS DIRECTORIES AND LISTINGS OR ANY OTHER SOFTWARE OR OTHER CONTENT INCLUDED AS PART OF THE SERVICE, EVEN IF EZULA 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 IN NO EVENT WILL EZULA'S LIABILITY WITH RESPECT TO THE USE OF THE SOFTWARE AND SERVICE EXCEED FIVE HUNDRED ($500) US DOLLARS
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, eZula's liability shall be limited to the extent permitted by law.
11. Indemnification: By agreeing to use the Service, you agree to defend, indemnify and hold eZula, its affiliates, officers, directors, distributors, and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from the use of the Service, the placement or transmission of any message, information, software or other materials through the Service or the violation of any these Terms and Conditions by you or any User authorized by you.
12. Cancellation and Termination: eZula may, at its sole discretion, terminate the Service or your use of the Service, permanently or temporarily, at any time and without cause. You may at any time cancel your use of the Service by sending an e-mail message to support@eZula.com requesting that we cancel your membership in the Service or by simply uninstalling it though the add/remove program. These Terms and Conditions will continue to apply to all past use of the Service or the Software by you, even if you are no longer using it. Users who violate the terms of these Terms and Conditions may be permanently or temporarily banned from using the Service, at eZula's sole discretion.
14.Third Party Software: During the process of downloading and or using the Software and Service, you may also be offered the possibility to download software from third party software vendors pursuant to license agreements or other arrangements between such vendors and yourself ("Third Party Software"). In the event you do not wish to download this THIRD PARTY SOFTWARE you should uncheck the appropriate boxes. Please note that the THIRD PARTY SOFTWARE is subject to different license agreements or other arrangements, which you should read carefully, compared to the Terms of Service of eZula. By downloading and using this THIRD PARTY SOFTWARE you accept these THIRD PARTY SOFTWARE license agreements or other arrangements and acknowledge that you have read them and understand them. eZula does not sell, resell, or license any of this THIRD PARTY SOFTWARE, and eZula disclaims to the maximum extent permitted by applicable law, any responsibility for or liability related to the THIRD PARTY SOFTWARE. Any questions, complaints or claims related to the THIRD PARTY SOFTWARE should be directed to the appropriate vendor. THE THIRD PARTY SOFTWARE IS PROVIDED BY EZULA "AS IS" AND "WITH ALL FAULTS". EZULA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE QUALITY, SAFETY OR SUITABILITY OF THIS SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EZULA BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER THEY MAY ARISE AND EVEN IF EZULA HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
There are inherent dangers in the use of any software available for downloading on the Internet, and eZula cautions you to make sure that you completely understand the potential risks before downloading any of the THIRD PARTY SOFTWARE. You are solely responsible for adequate protection and backup of the data and equipment used in connection with any of the THIRD PARTY SOFTWARE, and eZula will not be liable for any damages that you may suffer in connection with using, modifying or distributing any of the THIRD PARTY SOFTWARE.
14. Miscellaneous: 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.
eZula may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under this agreement to a subsidiary, affiliate successor thereof or to any third party whatsoever, without notifying you or receiving your consent. You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this agreement
eZula may change the Terms and Conditions from time to time and at any time, with or without a release of a new version of the Software, without notice to you, by posting such changes on the eZula Web Site. You agree that your continued use of the Software and/or the Service after such notice has been posted on the eZula Web Site for the first time shall constitute your consent to the new or revised set of Terms and Conditions.
You agree that the laws of the State of California, excluding its conflicts-of-law rules, shall govern this Terms and Conditions Agreement Please note that your use of the Software as well as the Service may be subject to other local, state, national, and international laws.
To the extent permitted by law, you agree not to bring, join or participate in any class action as to any claim, dispute or controversy you may have against us or our agents, services, directors, officers and employees. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs we incur in seeking such relief. This agreement is not a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above. This agreement not to bring or participate in class action suits is an independent agreement and shall survive other relationships.
ClipGenie, Inc. END USER AGREEMENT
THIS END USER LICENSE AGREEMENT ("AGREEMENT") IS AN AGREEMENT BETWEEN ClipGenie, INC. ("ClipGenie") AND YOU (also referred to as "USER") FOR THE USE OF THE ClipGenie SOFTWARE APPLICATION ("ClipGenie Software"). YOU MUST ENTER INTO THIS AGREEMENT IN ORDER TO DOWNLOAD THE SOFTWARE AND USE THE RESULTING SERVICES. ClipGenie RESERVES THE RIGHT TO CHANGE OR MODIFY THE TERMS AND CONDITIONS OF THIS LICENSE AND ANY OF THE POLICIES GOVERNING THE SERVICES AT ANY TIME IN ITS SOLE DISCRETION WITHOUT DIRECT NOTICE TO YOU. YOUR CONTINUED USE OF THE SOFTWARE CONSTITUTES YOUR ACCEPTANCE OF ANY SUCH CHANGES. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, DO NOT INSTALL THE ClipGenie SOFTWARE.
2. Use of the Software. You acknowledge and agree that you shall not (a) modify or create any derivative works of the Licensed Software or documentation; (b) attempt to disable the Licensed Software by any means or in any manner; (c) attempt to decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Licensed Software (except to the extent applicable laws specifically prohibit such restriction); (d) redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer or disclose the Licensed Software to any other party; or (e) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Licensed Software or the Product.
3. Proprietary Rights. You acknowledge and agree that ClipGenie owns all right, title, and interest in and to the Licensed Software. You agree that you shall take no action that might jeopardize, limit, or interfere in any way with ClipGenie' o