End user agreement for 1st Contact
Software License Agreement
1st Contact is freeware.
To be notified of updates to our software go to our web-site at http://www.jsoftconsulting.com and add your email address to the appropriate mailing list.
All users can join the 1st Contact list server at http://www.onelist.com/community/js1stcontact where you can share tips, tricks, bug reports and other experiences with other 1st Contact users.
Please give a copy of our software (in the original zip file) away to anyone you know that might be interested in using it.
This and the above information make up the license agreement, allowing you, the user, to use JSoft Consulting's software package '1st Contact' (hereinafter known as the Software).
1st Contact now includes the Web3000 Network, providing you with exciting links from all over the internet. The Web3000 Browser Headline is a button on the top of your browser that displays links to internet sites. These links are specially designed to make it easier for you to find information and products on the internet. We encourage you to explore these links and discover the treasures of the internet.
NO WARRANTIES. Advertiser and Web3000 expressly disclaim any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT 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, noninfringement, title or any implied indemnities. YOU ARE RECEIVING THIS SOFTWARE FOR FREE AND THEREFORE UNDERSTAND AND ACKNOWLEDGE THAT The entire risk arising out of use or performance of the SOFTWARE PRODUCT remains with you.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. In no event shall Advertiser, Web3000 or their suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the SOFTWARE PRODUCT, even if any of them has been advised of the possibility of such damages.
10. Terms of Service. Use Of Collected Information.
PLEASE NOTE: BY ACCEPTING THIS AGREEMENT, YOU ARE ALLOWING WEB3000.COM AND JSOFT CONSULTING TO USE CERTAIN INFORMATION OF YOURS, ALL AS DESCRIBED IN THIS SECTION 10.
Basic Contact Information. During registration, Web3000.com and JSoft Consulting collect "Basic Contact Information." Basic Contact Information means name, email address, gender, age group, country, operating system, browser type last used, and if purchases have been made on the net. This Basic Contact Information is stored on Web3000.com and JSoft Consulting servers.
Your Personal Information. Your "Personal Information" is optional and is stored locally on your computer in an encrypted file. Personal Information consists of items such as your name, address, phone number, fax number and credit card number. To the extent JSoft Consulting or Web3000.com may access this Personal Information, neither Web3000.com nor JSoft Consulting will transmit this Personal Information voluntarily to any third party without your express prior consent. You access and utilize your Personal Information when you fill out an online form with the Software and you provide it to an on-line merchant or a website. This Personal Information remains in your full control, and you choose the extent and substance of the revelation of this Information to the websites that you visit.
Web3000.com and JSoft Consulting may, on occasion, use your IP address to help diagnose problems with our server and to administer their respective websites.
Multiple users on the same terminal may use the Software and related services. You are protected from the disclosure of your Personal Information by your password. You are responsible for the control of your password and access to your Personal Information. If you share your password with others, intentionally or inadvertently, they may be able to access your Personal Information. If you do not wish to share your password with others, it is your responsibility to ensure the password option is set to require each user to enter a password before using the Software or Services.
Use of Basic and Personal Aggregate Information. Web3000.com and JSoft Consulting may provide aggregate statistics about customers such as your traffic patterns, and related site information to reputable third-party vendors in order for Web3000.com and JSoft Consulting to obtain valuable promotional offers to provide to you.
In order to provide this service, Web3000.com and JSoft Consulting collect information on your web usage that remains anonymous to third parties. Web3000.com and JSoft Consulting may derive personal preference profiles from your Personal Information and web usage. Neither Web3000.com nor JSoft Consulting will voluntarily disclose, sell or trade your Personal Information to any third party without your PRIOR consent.
Without revealing your Personal Information to third parties, Web3000.com and JSoft Consulting will seek out high-value offers and great deals from commercial partners and advertisers that match your interests. Web3000.com and JSoft Consulting will provide this service to you via email, Ad Network splash screens, Web3000 Browser Headline, or through other instruments of JSoft Consulting or Web3000.com.
Cancellation Of Service. You may cancel the service from JSoft Consulting at any time by sending an email to JSoft Consulting as detailed in this Agreement or on the JSoft Consulting website.
Should you buy the professional version of our Software, your acceptance of this license agreement will be transferred to your registered copy. This Software incorporates our software which includes its code (source and compiled), documentation (printed and/or electronic), appearance, structure and organization which is a proprietary product of JSoft Consulting and is protected by copyright and other laws.
Once you have fully complied with the registration and payment procedures, JSoft Consulting shall grant you a license to install and use the Software on one (1) computer system.
The Software is copyright 1983-2000 JSoft Consulting. Portions are copyright Microsoft, Borland, MicroHelp, Inc., WinWare, Inc. and VideoSoft.
You may make copies of the Software and provide it to others, as long as this package is not altered or modified in any way, shape or form and they agree to abide by the terms and provisions of this license.
Any attempt to decompile, disassemble or otherwise reduce the Software to a human readable form or otherwise alter the Software automatically terminates this license. You may also be liable for damages suffered by JSoft Consulting. Except as stated within, this license does not grant you any rights to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered) or any other rights, franchises or licenses in respect to the Software.
Title to and ownership of the Software, reproductions of the Software and all supporting documentation, whether in electronic or printed form, shall remain with JSoft Consulting.
You will not adapt or use any trademark or trade name which is likely to be similar to or confusing to the Software or take any other action which impairs or reduces the trademark rights of JSoft Consulting. Nothing in this license shall exclude any statutory rights, warranties or conditions which are applicable to this license or the Software and which under any applicable legislation may not be excluded.
If permitted by such legislation, however, JSoft Consulting's liability for any breach of any such warranty or condition shall be and is hereby limited to either the resupply of, or the correction of any defect in the Software, as JSoft Consulting at his sole discretion may determine.
This license is effective until terminated.
This license will terminate automatically without notice if you fail to comply with any of the terms or provisions of this license.
Upon termination of this license you must erase the Software and all copies in your possession.
You may terminate this license at any time by erasing the Software and all copies in your possession. Upon termination of this license for whatever reason you will lose any and all rights this license may have afforded you. To the full extent permissible by law, JSoft Consulting hereby excludes all conditions and warranties, whether imposed by statute, operation of law or otherwise not expressly set out herein.
JSoft Consulting does not make any express or implied warranties or conditions, including, but not limited to, the warranties of merchantability or fitness for a particular purpose with respect to the Software.
No oral or written information or advice given by any person shall in any way create a warranty. JSoft Consulting warrants that the Software will perform substantially in accordance with the owner's manual and/or on-line help system and that the physical materials (disks and printed manual) are free from physical defects for a period of ninety (90) days from date of purchase.
Any implied warranties are limited to ninety (90) days. JSoft Consulting's entire liability and your sole and exclusive remedy shall be at JSoft Consulting option to: a) correct the error, b) help you work around or avoid the error, or c) authorize a credit or exchange. The limited warranty is void if the failure of the Software results from accident, abuse, misuse or misapplication.
JSoft Consulting developed the Software but makes no recommendations regarding their use.
JSoft Consulting accepts no responsibility for the functioning of the Software.
Except as set out in this license, in no event shall JSoft Consulting, or any of his agents, be liable for any damages whatsoever, including, but not limited to, damages arising from loss of business profits, business interruptions, business information, computer programs, or any sequential damages of any kind and/or amount. In the event of the invalidity of any provision of this license, the parties (JSoft Consulting and the software user), agree that such invalidity shall not effect the validity of the remaining portions of this license.This license will be construed under the laws of the State of Arizona. This license contains the entire agreement between the parties hereto with respect to the all of JSoft Consulting's Software and supercedes all prior agreements whether oral or written.
Failure or delay by JSoft Consulting in enforcing any right or provision herein shall not be deemed a waiver of such provision or right.
WEB3000.COM, INC. END USER LICENSING AGREEMENT (EULA)
NO WARRANTIES. WEB3000.COM, INC. EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE PRODUCT. THE SOFTWARE PRODUCT AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE OR ANY IMPLIED INDEMNITIES. YOU ARE RECEIVING THIS SOFTWARE FOR FREE AND THEREFORE UNDERSTAND AND ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE AND/OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU AND IS A SUBSTANTIAL AND MATERIAL PART OF THE CONSIDERATION YOU ARE GIVING IN EXCHANGE FOR RECEIVING THE SOFTWARE.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL WEB3000.COM, INC., OR THEIR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF ANY OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
PLEASE NOTE: AS A PART OF THE SUBSTANTIAL AND MATERIAL CONSIDERATION FOR YOUR ACCEPTING THIS AGREEMENT AND RECEIVING THE FREE SOFTWARE, YOU ARE GIVING YOUR CONSENT TO WEB3000.COM, INC., TO USE ANY OR ALL OF THE BASIC CONTACT INFORMATION WHICH YOU PROVIDE, WHICH IS MORE FULLY DESCRIBED IN THIS SECTION.
Terms of Service and the Use Of Collected Information
Basic Contact Information: During the registration process, Web3000.com, Inc., will collect "Basic Contact Information." Basic Contact Information means name, email address, gender, age group, country, operating system, browser type last used, and a general inquiry as to whether you have ever made purchases on the Internet. This Basic Contact Information will be stored on Web3000.com, Inc.'s servers.
Web3000.com, Inc. may, on occasion, use your IP address to help diagnose problems with our server and to administer their respective websites.
Use of Basic and Personal Aggregate Information: Web3000.com, Inc. may provide aggregate statistics about customers such as your traffic patterns, and related site information to reputable third-party vendors in order for Web3000.com, Inc. to provide you with valuable promotional offers.
In order to provide this service, Web3000.com, Inc. will collect information from your web usage that will be anonymous to third parties. Web3000.com, Inc. may derive consumer or consumption preference profiles from your Basic Contact Information and web usage. These consumer or consumption preference profiles will maintain your personal anonymity. WEB3000.COM, INC. WILL NOT VOLUNTARILY DISCLOSE, SELL OR TRADE YOUR BASIC CONTACT INFORMATION TO ANY THIRD PARTY WITHOUT OBTAINING YOUR PRIOR WRITTEN CONSENT.
Without revealing your Basic Contact Information to third parties, Web3000.com, Inc. will seek out high-value offers and great deals from commercial partners and other Ad Network Partners that will match your interests. Web3000.com, Inc. will provide this service to you through different marketing channels.