End user agreement for PopupWar PRO
PLEASE READ THIS END USER LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE CHOOSING THE "YES" OPTION BELOW. BY CHOOSING "YES," YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, THEN XPSOFT, Inc IS UNWILLING TO LICENSE THE SOFTWARE TO YOU, AND YOU SHOULD NOT USE THE SOFTWARE. BY INSTALLING, DOWNLOADING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED AND MAY NOT USE THE SOFTWARE.
The PopupWar v5.1 (the "PopupWar Software"), documentation and any fonts accompanying this License whether on disk, in read only memory, on any other media or in any other form are licensed to you by XPSOFT. You own the media on which the PopupWar Software is recorded but XPSOFT retains title to the PopupWar Software. The PopupWar Software and any copies which this License authorizes you to make are subject to this License.
2. PERMITTED USES AND RESTRICTIONS
This License allows you to install and use the PopupWar Software on a single computer at a time. This License does not allow the PopupWar Software to exist on more than one computer at a time. You may make one copy of the PopupWar Software in machine-readable form for backup purposes only. The backup copy must include all copyright information contained on the original. You may not decompile, reverse engineer, disassemble, modify, rent, lease, loan, sublicense, distribute or create derivative works based upon the PopupWar Software in whole or part or transmit the PopupWar Software over a network. You may, however, transfer your rights under this License provided you transfer the related documentation, this License and a copy of the PopupWar Software to a party who agrees to accept the terms of this License and destroy any other copies of the PopupWar Software in your possession. THE PopupWar SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL MACHINES OR OTHER SYSTEMS OR DEVICES IN WHICH CASE THE FAILURE OF THE PopupWar SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. Your rights under this License will terminate automatically without notice from PopupWar if you fail to comply with any term(s) of this License.
3. PERSONAL USE ONLY
The PopupWar Software is made available for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from PopupWar. Use of the PopupWar Software to sell a product or service, or to increase traffic to your web site for commercial reasons, such as advertising sales is expressly forbidden.
4. COMPLIANCE WITH LAWS
As a condition precedent to your use of the PopupWar Software, you shall comply with all laws and regulations applicable to your use of PopupWar.
5. DISCLAIMER OF WARRANTIES
The PopupWar Software enables users to monitor the activity of Internet Explorer while browsing on the internet and disallow the opening of unsolicited windows, also called popup windows. By using the PopupWar Software, you acknowledge that PopupWar makes no representations or warranties with regard to the appropriateness of the content obtained through the PopupWar Software. XPSOFT, its officers, affiliates and subsidiaries shall not, directly or indirectly, be liable, in any way, to you or any other person for the information and data you receive using the PopupWar Software or for any inaccuracies, errors in or omissions from the content.
THE PopupWar SOFTWARE IS PROVIDED BY XPSOFT ON AN "AS IS" AND "AS AVAILABLE" BASIS. PopupWar MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PopupWar SOFTWARE OR THE USE OR THE RESULTS OF THE USE OF THE PopupWar SOFTWARE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PopupWar SOFTWARE IS AT YOUR SOLE RISK. PopupWar EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. PopupWar DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. XPSOFT DISCLAIMS, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PopupWar SOFTWARE. XPSOFT DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH THE PopupWar SOFTWARE OR RECEIVED THROUGH ANY PROVIDED BY THE XPSOFT WEB SITE OR ANY USE OF THE PopupWar SOFTWARE. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE PopupWar SOFTWARE AT YOUR OWN DISCRETION AND RISK. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
6. LIMITATION OF LIABILITY
IN NO EVENT SHALL XPSOFT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE PopupWar SOFTWARE, WITH THE DELAY OR INABILITY TO USE THE PopupWar SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE PopupWar SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE PopupWar SOFTWARE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF XPSOFT ANY OF ITS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
The PopupWar Software and is the property of XPSOFT and protected by United States and international copyright laws.
PopupWar and XPSOFT are trademarks of Xpress Software, Inc. Without Xpress Software, Inc prior permission, you agree not to display or use such trademarks in any manner.
9. EXPORT LAW ASSURANCES
You may not use or otherwise export or reexport the PopupWar Software except as authorized by United States law and the laws of the jurisdiction in which the PopupWar Software was obtained.
The License constitutes the entire agreement between you and XPSOFT and govern your use of the PopupWar Software, superceding any prior agreements between you and XPSOFT. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The License and the relationship between you and XPSOFT shall be governed by the laws of the State of Massachusetts without regard to its conflict of law provisions. XPSOFT may amend the License at any time by a notice on its web site, which shall be binding upon you. You may not revise or amend the License without the prior written authorization of an officer of XPSOFT. Certain provisions of the License may be superceded by expressly designated legal notices or terms located within the XPSOFT Web Site. You hereby irrevocably consent to the personal and exclusive jurisdiction of the courts located within the county of Worcester, State of Massachusetts in all disputes arising out of or relating to the use of the PopupWar Software. The failure of XPSOFT to exercise or enforce any right or provision of the License shall not constitute a waiver of such right or provision. If any provision of the License is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the License remain in full force and effect. You agree to indemnify and hold XPSOFT, its parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of the PopupWar Software.