End user agreement for EXP Elite Pro
CYBER SAMURAI SYSTEMS INCORPORATED
ELECTRONIC END USER LICENSE AGREEMENT
FOR EXP ELITE SOFTWARE
NOTICE TO ENDUSER:
THIS IS A CONTRACT. BY INSTALLING THIS SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
THIS IS A LEGAL AGREEMENT. BY ACCESSING THIS WEB SITE OR USING ANY SERVICE OR SOFTWAREW PROVIDED HEREIN, YOU ACCEPT AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE ACCEPTING ITS TERMS.
1. PARTIES. The parties to this Agreement are you, a visitor to this web site ("You"), and the owner and operator of this web site: CYBER SAMURAI MARKETING, INC.., a Delaware corporation ("Cyber Samurai Marketing"). All references to "us", "this web site" or "this site" shall be construed to mean Cyber Samurai Marketing. If the user is not an individual, then "You" means Your company, its officers, members, agents, successors and assigns.
4. PROHIBITED CONDUCT. You agree (i) not to use this site to upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; (ii) not to interfere or disrupt this site or any networks connected to this site; (iii) not to use any device, software or routine or attempt to interfere with the proper functioning of this site or any transactions being offered at this site; (iv) not to take any action that imposes an unreasonable or disproportionately large load on Cyber Samurai Marketing's infrastructure; (v) not to use this site to collect or harvest personal information, including, without limitation, financial information, about other participants at this site; and (vi) not to impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with a person or entity. You agree not to use the services, products, or downloads available at this site for illegal purposes, and to comply with all regulations, policies and procedures of networks connected to this site.
5. COMPLIANCE WITH LAWS. You shall comply with all applicable laws and regulations of the United States and foreign authorities (including, but not limited to United States trade restriction laws, export laws or license requirements and laws regarding the sale or transport of hazardous materials, and laws regarding the transmission of technical data, including without limitation encryption, exported from the United States through the services available at this site) relating to any service, product, or download associated with this site.
6. SEPERATE LICENSE AGREEMENT(S). The software and accompanying documentation that are made available to download from this Site are the copyrighted work of Cyber Samurai Marketing and/or its suppliers. Use of the software is governed by the terms of the end user license agreement that accompanies or is included with such software. You will not be able to download or install any software that is accompanied by or includes an end user license agreement unless you agree to the terms of such end user license agreement. If you do not agree to such terms, you will not be able to use the software. You may not decompile, reverse engineer or otherwise attempt to discover the source code of the software available on the Site.
7. COPYRIGHTS. The copyright in all material provided on this site is owned by Cyber Samurai Marketing or by Cyber Samurai Marketing's licensor(s). You acknowledge and agree that this site contains proprietary information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to You through this site, including text, graphics, logos, icons, images and software, and the arrangement and compilation of such content, are the property of Cyber Samurai Marketing or its content suppliers and is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Cyber Samurai Marketing does not grant any license or authorization to any user of its copyrightable material or other intellectual property, by placing them on this site. Furthermore, except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Cyber Samurai Marketing or the copyright owner. However, You may print a copy of the information on this site for Your personal, non-commercial internal use or records. In so doing, You may not modify the materials and You agree to retain all copyright and other proprietary notices contained in the materials. This permission does not give You any ownership rights in the information and terminates automatically if You breach any of these terms or conditions. If You make any other use of this site, except as otherwise provided herein, You may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to penalties.
8. TRADEMARKS. The trademarks, service marks, and logos (the "Trademarks") used and displayed on this site are registered and unregistered Trademarks of Cyber Samurai Marketing and others. Nothing on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the site, without the written permission of the Trademark owner. Cyber Samurai Marketing aggressively enforces its intellectual property rights to the fullest extent of the law. The Trademark(s) EXP ELITE, PC Tattletail, PCTT may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this site, without prior, written permission. Cyber Samurai Marketing prohibits use of any of the forgoing names or marks as a metatag or as a "hot" link to any Cyber Samurai Marketing site unless establishment of such a link is approved in advance by Cyber Samurai Marketing in writing. If You have any questions regarding any trademarks on the site, please contact Cyber Samurai Marketing.
9. LINKS. This site may provide links to other Internet sites. Cyber Samurai Marketing is not responsible for the availability of such other sites and does not endorse and is not responsible or liable for any content, products or other materials available on such other sites. Links to external web sites do not constitute an endorsement by Cyber Samurai Marketing of those sites or the sponsors of such sites or the content, products, advertising or other materials presented on such sites. Further, Cyber Samurai Marketing reserves the right to terminate any link or linking program at any time. Cyber Samurai Marketing does not author, edit, or monitor these unofficial pages or links. You further acknowledge and agree that Cyber Samurai Marketing shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any information, goods or services available on or through any such site. If You decide to access any of the third party sites linked to this site, You do this entirely at Your own risk.
10. MONITORING. You acknowledge that Cyber Samurai Marketing or its designees reserves the right to, and may from time to time, monitor any and all activity or information transmitted or received through this site. Cyber Samurai Marketing, in its sole discretion and without further notice to You, may (but is not obligated to) review, censor or prohibit any activity or the transmission or receipt of any Information which Cyber Samurai Marketing deems inappropriate (such as that specified in above) or that violates any term or condition of this agreement. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. Use of this site, authorized or unauthorized, constitutes consent to such monitoring. Unauthorized uses and unauthorized users of this site will be prosecuted to the full extent of the law.
12. NO WARRANTIES. THIS SITE AND ALL INFORMATION CONTAINED ON THIS SITE, AND EXCEPT TO THE EXTENT EXPRESSLY PROVIDED IN A LICENSE AGREEMENT FOR SOFTWARE OR CONTENT, ALL GOODS AND SERVICES OBTAINED THROUGH THIS SITE, ARE PROVIDED ON AN "AS IS" BASIS FROM CYBER SAMURAI MARKETING AND ITS INFORMATION PROVIDERS, CYBER SAMURAI MARKETING AND ITS AFFILIATES AND CONTENT PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATING TO THIS AGREEMENT, THE PERFORMANCE UNDER THIS AGREEMENT, THE SERVICES AVAILABLE ON THIS SITE, THE OPERATION OF THE SOFTWARE AVAILABLE ON THIS SITE, THE TRANSACTIONS PERFORMED ON THIS SITE, OR THE INFORMATION, CONTENT, MATERIALS AND/OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EACH OF CYBER SAMURAI MARKETING AND CYBER SAMURAI MARKETING'S AFFILIATES AND CONTENT PROVIDERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR NONINFRINGMENT. WITHOUT LIMITING THE FOREGOING, NONE OF CYBER SAMURAI MARKETING NOR CYBER SAMURAI MARKETING'S AFFILIATES OR CONTENT PROVIDERS MAKES ANY WARRANTY THAT (i) THE GOODS OR SERVICES OFFERED ON THIS SITE WILL MEET YOUR REQUIREMENTS, (ii) THE GOODS OR SERVICES OFFERED ON THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE GOODS OR SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE CONTENT OR INFORMATION AVAILABLE ON THIS SITE IS COMPLETE, ACCURATE OR AVAILABLE, OR (v) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CYBER SAMURAI MARKETING OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
13. DISCLAIMERS. THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. CYBER SAMURAI MARKETING MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND CYBER SAMURAI MARKETING MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
CYBER SAMURAI MARKETING ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, DOCUMENTS, SOFTWARE, MATERIALS AND/OR SERVICES WHICH ARE REFERENCED BY OR LINKED TO THIS SITE. REFERENCES TO OTHER CORPORATIONS, THEIR SERVICES AND PRODUCTS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
14. LIMITED LIABILITY. CYBER SAMURAI MARKETING AND ALL OF CYBER SAMURAI MARKETING'S AFFILIATES AND CONTENT PROVIDERS AND THEIR RESPECTIVE SHAREHOLDERS AND AFFILIATES SHALL NOT BE LIABLE FOR ANY LOSS OF BUSINESS, LOSS OF USE OR OF DATA, INTERRUPTION OF BUSINESS, LOST PROFITS OR GOODWILL, OR OTHER INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THIS AGREEMENT, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS AND WHETHER OR NOT THEY HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST YOU. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE GOODS OR SERVICES PROVIDED ON THIS SITE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. YOU FURTHER AGREE IF YOU BECOME ENTITLED TO ANY RECOVERY, THAT YOUR RECOVERY SHALL BE LIMITED TO THE AMOUNT OF FEES OR PAYMENTS MADE TO CYBER SAMURAI MARKETING, IF ANY, FOR THE SERVICE, SOFTWARE OR CONTENT AT ISSUE.
15. INDEMNITY. You shall indemnify, defend, and hold harmless Cyber Samurai Marketing and its content providers and their respective shareholders, affiliates, employees, agents, successors, officers, and assigns, from any suits, losses, claims, demands, liabilities, costs and expenses (including attorney and accounting fees) that they may sustain or incur arising from (i) Your use of the software available at or downloaded from this site, (ii) Your failure to comply with any applicable laws and regulations (including without limitation those regarding the export of products or technology abroad) or to obtain any licenses or approvals from the appropriate government agencies necessary to purchase or sell the subject goods and services, (iii) Your use of the content available on this site in any way contrary to this agreement (d) Your breach of any of Your representations, warranties or obligations set forth in this agreement, (iv) the sale, purchase, transportation, delivery, use or disposal of any Cyber Samurai Marketing service, product, or download associated with this site or available through other sites, or any loss suffered by or harm to any person or property in any way relating to of caused in whole or in part by Your use of this site or any service, product, or download associated with this site (including, without limitation, any personal injuries or death of any third person caused in whole or in part by such products or services, the use, transportation, delivery, storage, handling or release thereof), and (v) any taxes attributable to the relating to any service, product, or download associated with this site.
16. BENEFICIARIES OF THIS AGREEMENT; NO OTHER AGREEMENTS. The rights and limitations in this agreement are for the benefit of Cyber Samurai Marketing and each of Cyber Samurai Marketing's content providers, each of which shall have the right to enforce its rights hereunder directly and on its own behalf.
17. TERMINATION. You agree that Cyber Samurai Marketing may, at its sole discretion, deny You access to the site and disable any user name and password associated with You for any reason, including, without limitation, if Cyber Samurai Marketing believes that You have violated or acted inconsistently with the letter or spirit of this agreement. Cyber Samurai Marketing reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services offered under this site (or any part thereof) with or without notice. You agree that Cyber Samurai Marketing shall not be liable to You or to any third party for any modification, suspension or discontinuance of the services offered under this site.
18. CONSUMER RIGHTS. Cyber Samurai Marketing maintains specific contact information including an e-mail address for notifications of complaints and for inquiries regarding pricing policies. All correspondence should be addressed to Cyber Samurai Marketing's agent for notice at the following address:
Notification of Consumer Rights Complaint
CYBERSAMURAI MARKETING, INC..
11939 Manchester Rd, #198
St. Louis, MO 63131
Contact: Cyber Samurai Marketing Support: http://www.cybersamurai.com/support.htm
You may contact Cyber Samurai Marketing with complaints and inquiries regarding pricing and Cyber Samurai Marketing will investigate those matters and respond to the inquiries.
19. EXPORT CONTROL LAWS; NOTICE TO U.S. GOVERNMENT USERS. The export and re-export of Cyber Samurai Marketing software products are controlled by the United States Export Administration Regulations and such software may not be exported or re-exported to Cuba, Iran, Iraq, Libya, North Korea, Sudan, or Syria or any country to which the United States embargoes goods. In addition, Cyber Samurai Marketing software may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.
By downloading any Cyber Samurai Marketing software product You are certifying that you are not a national of Cuba, Iran, Iraq, Libya, North Korea, Sudan, or Syria or any country to which the United States embargoes goods and that You are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.
20. CONTROLLING LAW. This Agreement shall be construed under the laws of the State of Florida, USA, excluding rules regarding conflicts of law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
21. JURISDICTION AND VENUE. You and Cyber Samurai Marketing agree to submit to the exclusive personal jurisdiction of the courts of St. Louis County in the State of Missouri, USA in all legal proceedings arising under this Agreement.
BY ACCESSING THIS WEB SITE OR USING ANY SERVICE PROVIDED HEREIN YOU AFFIRM THAT YOU HAVE READ THIS ENTIRE AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, PLEASE EXIT THIS SITE.
Last Update: SEPT 11, 2004.