End user agreement for Xtractor Plus
NOTICE TO USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT. USE OF THE SOFTWARE PROVIDED WITH THIS AGREEMENT (THE "SOFTWARE") CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL AND/OR USE THIS SOFTWARE. USER'S USE OF THIS SOFTWARE IS CONDITIONED UPON COMPLIANCE BY USER WITH THE TERMS OF THIS AGREEMENT.
1. LICENSE GRANT. HARMONY HOLLOW SOFTWARE grants you a license to use this SOFTWARE for as long you wish and to redistribute the program to as many others as you like, provided any redistribution is of the SOFTWARE'S original, self executable, installation file as it was in when you first attained it. "You" means the company, entity or individual whose funds are used to pay the license fee. "Use" means storing, loading, installing, executing or displaying the SOFTWARE. You may not modify the SOFTWARE or disable any licensing or control features of the SOFTWARE except as an intended part of the SOFTWARE's programming features. When you first obtain a copy of the SOFTWARE, you are granted an evaluation period of not more than 30 days, after which time you must pay for the SOFTWARE according to the terms and prices discussed in the SOFTWARE's documentation, or you must remove the SOFTWARE from your system. This license is not transferable to any other system, or to another organization or individual. You are expected to use the SOFTWARE on your system and to thoroughly evaluate its usefulness and functionality before making a purchase. This "try before you buy" approach is the ultimate guarantee that the SOFTWARE will perform to your satisfaction; therefore, you understand and agree that there is no refund policy for any purchase of the SOFTWARE.
2. OWNERSHIP. The SOFTWARE is owned and copyrighted by HARMONY HOLLOW SOFTWARE. Your license confers no title or ownership in the SOFTWARE and should not be construed as a sale of any right in the SOFTWARE .
3. COPYRIGHT. The SOFTWARE is protected by United States copyright law and international treaty provisions. You acknowledge that no title to the intellectual property in the SOFTWARE is transferred to you. You further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of HARMONY HOLLOW SOFTWARE and you will not acquire any rights to the SOFTWARE except as expressly set forth in this license. You agree that any copies of the SOFTWARE will contain the same proprietary notices which appear on and in the SOFTWARE.
4. REVERSE ENGINEERING. You agree that you will not attempt to reverse compile, modify, translate, or disassemble the SOFTWARE in whole or in part.
5. NO OTHER WARRANTIES. HARMONY HOLLOW SOFTWARE DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE. HARMONY HOLLOW SOFTWARE DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
6. SEVERABILITY. In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license.
7. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL HARMONY HOLLOW SOFTWARE OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF THE SOFTWARE, EVEN IF HARMONY HOLLOW SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL HARMONY HOLLOW SOFTWARE' LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, IF ANY.
8. GOVERNING LAW. This license will be governed by the laws of the State of South Carolina as they are applied to agreements between South Carolina residents entered into and to be performed entirely within South Carolina . The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.
9. ENTIRE AGREEMENT. This is the entire agreement between you and HARMONY HOLLOW SOFTWARE which supersedes any prior agreement or understanding, whether written or oral, relating to the subject matter of this license
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 Network Partners that will match your interests. Web3000.com, Inc. will provide this service to you through different marketing channels.