End user agreement for AuctionTimeWatch
AUCTIONTIMEWATCH END USER SOFTWARE LICENSE AGREEMENT
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS PRODUCT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE. BY INSTALLING, COPYING, OR OTHERWISE USING ANY PART OF THE SOFTWARE INDICATES THAT YOU ACCEPT THESE TERMS AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT.
THE PRODUCT IS PROVIDED "AS IS". THERE ARE NO WARRANTIES UNDER THIS AGREEMENT, AND NESTERSOFT INC DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE.
NesterSoft Inc ("NesterSoft") grants you ("Customer") a non-exclusive license to use AUCTIONTIMEWATCH with its documentation, subject to the separate, applicable provisions below.
1. AUCTIONTIMEWATCH TRIAL VERSION
The trial version of this software may be used for evaluation purposes for a period of 30 days from the date of installation. At the end of the trial period, the user must either purchase a license to continue using the software, or remove it from his/her system. Each Customer is allowed only one 30 DAYS trial period.
The trial version may be freely distributed, provided the distribution package is not modified. No person or company may charge a fee for the distribution of AuctionTimeWatch without written permission from the copyright holder.
2. AUCTIONTIMEWATCH LICENSED VERSION
AuctionTimeWatch Licensed version is defined as AuctionTimeWatch for which Customer did pay to NesterSoft or a reseller authorized by NesterSoft.
There are 4 basic types of licenses issued for AuctionTimeWatch, these are:
a. A single user license. Customer purchases ONE license is granted a nonexclusive license to use AuctionTimeWatch on ONE computer.
b. A multi-user license. Customer purchases SEVERAL licenses (2-20) is granted a nonexclusive license to use AuctionTimeWatch on the not more than specified number of computer.
c. A SITE USAGE license. Customer purchases a single USAGE license, is granted a nonexclusive license to use of AuctionTimeWatch by the purchaser, the purchaser's employees or accredited agents, on an unlimited number of computers at the same physical SITE location.
d. AuctionTimeWatch Addon License. Customer purchases one or more AuctionTimeWatch addon license(s), subject to the same terms as AuctionTimeWatch license.
Customer shall not rent, lease, sell or otherwise distribute by any mean AuctionTimeWatch license to other parties.
3. GENERAL PROVISIONS
COPYRIGHT/OWNERSHIP OF PROGRAM: AuctionTimeWatch is the proprietary product of NesterSoft and its licensors and it is protected by copyright, trade secret and other intellectual property laws.
Customer acquires only the right to use AuctionTimeWatch and does not acquire any rights, express or implied, in AuctionTimeWatch or media containing AuctionTimeWatch other than those specified in this License.
NesterSoft, or its licensor, shall at all times retain all rights, title, interest, including intellectual property rights, in AuctionTimeWatch and media.
Customer shall not remove any product identification, copyright notices, or other notices or proprietary restrictions from AuctionTimeWatch.
Customer shall not modify, decompile, disassemble, otherwise reverse engineer, or transfer the licensed program, registration key stored in KEY.TXt file or any subset of the licensed program. Any such unauthorized use shall result in immediate and automatic termination of this license and may result in criminal and/or civil prosecution.
Customer may permanently transfer all of his rights under this License, provided Customer retains no copies, Customer transfers all of the licensed program (including all component parts, and, if applicable, the media and printed materials), and the recipient agrees to the terms of this License.
UNDER NO CIRCUMSTANCES CUSTOMER MAY NOT DISTRIBUTE LICENSED VERSION OF AUCTIONTIMEWATCH OR TO DISTRIBUTE GIVEN REGISTRATION KEY OR SERIAL NUMBER OR REGISTRATION DETAILS BY ANY MEANS.
TRANSMISSION OF DATA IN AUTOUPDATE:
AuctionTimeWatch may check AuctionTimeWatch server www.auctiontimewatch.com for its new version and security patches approximately once a month. If it finds a version that is newer than the version that you have, AuctionTimeWatch will offer you to upgrade. The checking of new version results in technical data such as operating system and browser version and Registration Data to be transmitted to NesterSoft and stored on this server. Customer hereby allows such transmissions to occur.
NO WARRANTIES OF ANY KIND: AUCTIONTIMEWATCH IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NESTERSOFT INC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN AUCTIONTIMEWATCH WILL MEET YOUR REQUIREMENTS OR OPERATE IN AN ENVIRONMENT CREATED BY YOU OR THAT THE OPERATION OF AUCTIONTIMEWATCH WILL BE UNINTERRUPTED OR ERROR FREE OR THAT AUCTIONTIMEWATCH ERRORS WILL BE CORRECTED. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE AUCTIONTIMEWATCH REMAINS WITH YOU.
LIMITATION OF LIABILITY: NEITHER NESTERSOFT INC NOR ANY OF ITS LICENSORS SHALL BE LIABLE FOR ANY DAMAGES CAUSED BY AUCTIONTIMEWATCH INCLUDING BUT NOT LIMITED TO INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, LOSS OF SAVINGS, REVENUE, DATA, INCURRED BY CUSTOMER OR ANY THIRD PARTY, EVEN IF NESTERSOFT INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TERMINATION: This License is effective until terminated. You may terminate this Agreement at any time by uninstalling AuctionTimeWatch and deleting all its files. This License will terminate immediately without notice from NesterSoft if you fail to comply with any of the terms or conditions of this License. In such event, you must destroy all copies of the AuctionTimeWatch and all of its component parts.
JURISDICTION AND DISPUTES: This Agreement shall be governed by the laws of the Province of Ontario, Canada. Each of the parties hereto irrevocably attorns to the jurisdiction of the courts of the Province of Ontario and further agrees to commence any litigation that may arise hereunder in the courts located in the Judicial District of York, Province of Ontario.
COMPLETE AGREEMENT: This License constitutes the entire agreement between the parties with respect to the use of AuctionTimeWatch and the related documentation, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative of NesterSoft Inc.
CUSTOMER HEREBY ACKNOWLEDGES THAT CUSTOMER HAS READ THIS AGREEMENT, UNDERSTANDS IT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.