End user agreement for Auction Inquisitor(TM)
EULA SOFTWARE LICENSE AGREEMENT FOR AUCTION INQUISITOR(TM)
IMPORTANT—READ CAREFULLY: This End-User License Agreement ("Agreement" or "EULA") is a legal agreement between you (either an individual or a single entity) and Elite Minds Inc, and any updates, bug fixes, enhancements, additions, documentation, and any other related materials provided by Elite Minds Inc. (collectively, "Software"). The terms and conditions of this EULA are separate and apart from those contained in any other agreement between Elite Minds Inc. and you. BY INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT INSTALL, COPY OR USE THE SOFTWARE.
Auction Inquisitor is Trademarked. The name, badge icon, and related symbols cannot be used without explicit written permission from the trademark owner, Elite Minds Inc.
Grant of License. Grant of License. Subject to the conditions and limitations set forth below, Elite Minds Inc. hereby grants you, at no charge, a limited, non-exclusive, nontransferable license to use and evaluate one (1) copy of the Software, in binary form, for the sole purpose of performing casual monitoring of auction information. All rights not expressly granted herein are reserved by Elite Minds Inc.
License Limitations. You will not:
a. Use the software in its original form or in any modified form that could potentially violate eBay(R) Inc rules, regulations, user agreements, or in any way interfere with eBay operations.
b. Remove any copyright notice or licensing information contained in the Software; or
c. Decompile, disassemble or otherwise reverse engineer the Software, save to the extent that such acts cannot be prohibited under applicable law; or
d. Modify the Software in any way.
No Support. No Support. Elite Minds Inc. is not obligated to provide technical support or updates for the Software, but if they are provided they will be deemed part of the Software and governed by this Agreement.
Feedback. All suggestions, comments, or other feedback concerning your experience with or use of the Software that may be given to Elite Minds Inc. ("Feedback") will be given voluntarily and without obligation or restriction of any kind. Elite Minds Inc. will own all such Feedback and may use it for any purpose. Due to the nature of development work, Elite Minds Inc. will not commit to correcting any reported errors or discrepancies. Feedback will not create any confidentiality obligation for Elite Minds Inc., even if designated as confidential by you. You will not give Feedback that is subject to license terms that seek to require any product, technology, or service that incorporates or is derived from Feedback, or any intellectual property, to be licensed to or otherwise shared with any third party.
a. Disclaimer of Warranties. . TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Elite Minds Inc. PROVIDES THE SOFTWARE "AS IS" AND WITH ALL FAULTS, AND HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, AND LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT. THERE IS NO REPRESENTATION, WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE. THE ENTIRE RISK AS TO THE QUALITY OF THE SOFTWARE, ITS USE OR PERFORMANCE, REMAINS WITH YOU.
b. IN NO EVENT WILL Elite Minds Inc. BE LIABLE, WHETHER FOR BREACH OF CONTRACT, IN NEGLIGENCE OR ON ANY OTHER THEORY OF LIABILITY, FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL LOSS OR DAMAGE WHATSOEVER, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SOFTWARE SUPPORT, OR OTHERWISE UNDER OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF Elite Minds Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. NOTWITHSTANDING ANY LOSS OR DAMAGE THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING WITHOUT LIMITATION ALL LOSS OR DAMAGE REFERENCED ABOVE AND ALL DIRECT OR GENERAL LOSS OR DAMAGE), THE ENTIRE LIABILITY OF Elite Minds Inc. UNDER OR IN CONNECTION WITH THIS AGREEMENT AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING WILL BE LIMITED TO FIVE US DOLLARS. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
c. This Agreement will be construed and controlled by the laws of California without regard to conflicts of law statutes or regulations. You consent to exclusive jurisdiction and venue in the courts of Ventura County California. You waive all defenses of lack of personal jurisdiction and forum nonconveniens. In any action or suit arising under or in connection with this Agreement, the prevailing party will be entitled to recover its costs, including reasonable attorneys’ fees.
d. This license and Agreement will terminate on the earliest of: (a) any breach by you of this Agreement, or (c) the termination of this Agreement by Elite Minds Inc., with or without cause, by posted website notice or email, or written notice. Promptly upon such termination you will destroy all copies of the Software in your possession or under your control. Sections 2, 3, 4, and 5 will survive any termination of this Agreement.
e. If you and Elite Minds Inc. have entered into any other agreement which in whole or in part relates to the Software, then such other agreement shall apply and shall prevail over this Agreement but will be considered to be in addition to this agreement. Subject to that, this Agreement constitutes the entire agreement between parties with respect to the subject matter hereof and merges all prior and contemporaneous communications. It will not be modified except by a written agreement signed by the parties by their duly authorized representatives. If any provision of this Agreement is held to be unenforceable for any reason, it will be adjusted rather than voided (if possible) to achieve the intent of the parties. All other provisions of this Agreement will be deemed valid and enforceable to the extent possible
f. This tool is provided as an informational tool ONLY and does not provide a definate answer about the legitimacy or non-legitimacy of an auction, a seller, or any elements within an auction or any elements related to the program or its analysis. This tool provides information that the end user must use in conjunction with their own research and judgement. This tool should not be soley relied upon to make decisions about bidding, purchasing, or avoidance of auctions or sellers. Auctions that pass all tests may still end in an unsatisfactory result for the buyer or seller for any number of reasons that may or may not be related to the information provided by the software.
SOFTWARE IS PROVIDED AS-IS, AS-AVAILABLE, WITH NO WARRANTY OR GUARANTEE.