End user agreement for RankQuest WatchRank
PLEASE READ THE TERMS OF THIS SOFTWARE LICENSE AGREEMENT ("AGREEMENT") CAREFULLY. BY USING ALL OR ANY PORTION OF THE RANKQUEST TM WATCHRANK SOFTWARE ("LICENSED SOFTWARE") YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY LEGAL ENTITY THAT OBTAINED THE LICENSED SOFTWARE AND ON WHOSE BEHALF IT IS USED. IF YOU DO NOT AGREE, DO NOT USE THIS LICENSED SOFTWARE. IF YOU ACQUIRED THE LICENSED SOFTWARE ON TANGIBLE MEDIA (e.g., CD) WITHOUT AN OPPORTUNITY TO REVIEW THIS LICENSE AND YOU DO NOT ACCEPT THIS AGREEMENT, DO NOT INSTALL THE LICENSED SOFTWARE AND RETURN THE UNUSED MEDIA. NOTICE: It is hereby brought to your notice that Google's Terms of Service do not allow automated queries in any form except by using Google Web APIs (You can read more at http://www.google.com/terms_of_service.html). The Licensed Software provides you with two option of checking the rank of your site in Google Search Engine: with or without using the Google Web APIs. If you do not have a Google Web API, use of Licensed Software for checking the rank of your site in Google Search Engine will be in violation of Google's Terms of Service. YOU AGREE TO BEAR THE ENTIRE RISK IN CONNECTION WITH YOUR USE OF THE LICENSED SOFTWARE. In this Software License Agreement "Use" or "Using" means to access, install, download, copy, or otherwise benefit from using the functionality of the Licensed Software. 1. License Grant: 1.1 Authorized Use: RankQuest grants you a non-exclusive, non-transferable, world-wide free license to Use the Licensed Software, including user documentation, if any, that you have downloaded from or received on media provided by RankQuest, downloaded from RankQuest's website for a maximum of ten projects. 1.2 Third party products: The Licensed Software may contain software which originated with third party vendors and without limiting the general applicability of the other provisions of this Agreement, you agree that (a) the title to any third party software incorporated in the Licensed Software shall remain with the third party which supplied the same; and (b) you will not distribute any such third party software available with the Licensed Software, in any manner without prior written permission from the respective third party vendors. 2. Restrictions on Use: In addition to all other terms and conditions of this Agreement, you shall not: i. remove any copyright, trademark or other proprietary notices from the Licensed Software or its copies; ii. make any copies except for one back-up or archival copy, for temporary emergency purpose; iii. rent, lease, license, sublicense or distribute the Licensed Software or any portions of it on a standalone basis or as part of your developed application; iv. alter or modify the Licensed Software or create a new installer for the Licensed Software; v. use the Licensed Software in a computer-based services business or publicly display visual output of the Licensed Software or use the Licensed Software for the benefit of any other person or entity; vi. decompile, disassemble or reverse engineer the Licensed Software. vii. allow any third parties to access, use or support the Licensed Software. viii. integrate or use the Licensed Software with any other software, plug-in, or enhancement that uses or relies upon the Licensed Software for tracking search engine position of websites. 3. Support: RankQuest provides support that includes email support for problem reporting, product updates, and online access to product documentation. However, you may not claim support as a matter of right. 4. Ownership and Intellectual Property: RankQuest owns all right, title and interest including Intellectual Property Rights in and to the Licensed Software. RankQuest expressly reserves all rights not granted to you herein. The Licensed Software is only licensed and not sold to you by RankQuest. 5. Display of Advertisements: Advertisements will be displayed on the right-hand bottom corner of Licensed Software interface each time the Licensed Software is launched by you. The servers of RankQuest will log the Internet Protocol Address of your computer when each advertisement is displayed and such information will not be used for any purpose other than for demographic studies by RankQuest. 6. Confidentiality: The Licensed Software contains proprietary information of RankQuest that are protected by the laws and regulations applicable within the territory of India and you hereby agree to take all reasonable efforts to maintain the confidentiality of the Licensed Software. You agree to reasonably communicate the terms and conditions of this Agreement to those persons employed by you who come into contact with or access the Licensed Software, and to use reasonable efforts to ensure their compliance with such terms and conditions, including but not limited to, not knowingly permitting such persons to use any portion of the Licensed Software for a purpose that is not allowed under this Agreement. 7. Warranty Disclaimer: The Licensed Software is being delivered to you "AS IS" and RankQuest makes no warranty as to its performance or non-infringement. RANKQUEST DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE LICENSED SOFTWARE OR THAT THE USE OF THE LICENSED SOFTWARE DOES NOT INFRINGE THE PROPRIETARY RIGHTS OF ANY THIRD PARTY. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION, OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, RANKQUEST AND ITS SUPPLIERS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. The provisions of Section 7 and Section 8 shall survive the termination of this Agreement, howsoever caused, but this shall not imply or create any continued right to Use the Licensed Software after termination of this Agreement. THIS DISCLAIMER OF WARRANTY AND THE NOTICE ABOVE CONSTITUTE ESSENTIAL PARTS OF THIS LICENSE. NO USE OF LICENSED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT SUBJECT TO THIS DISCLAIMER. 8. Limitation of Liability: IN NO EVENT WILL RANKQUEST OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS, OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN RANKQUEST REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS, OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. Since the Licensed Software is free software, RankQuest shall not be liable for any monitory compensation or damages. For further information, please or contact firstname.lastname@example.org. 9. Termination: This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by destroying or returning to RankQuest all copies of the Licensed Software in your possession. RankQuest may terminate this Agreement for any reason, including but not limited to your breach of any of the terms of this Agreement. Upon termination, you shall destroy or return to RankQuest all copies of the Licensed Software and certify in writing that all know copies have been destroyed. All provisions relating to confidentiality, proprietary rights, non-disclosure, and limitation of liability shall survive the termination of this Agreement. 10. Governing Law: This Agreement shall be construed, interpreted and governed by the laws and regulations applicable within the territory of India exclusive of its conflicts of law provisions. 11. Modification of the Agreement: RankQuest reserves the right to modify this Agreement at any time by publishing the revised Agreement on the RankQuest Website. Such modifications shall be effective immediately upon posting of the revised Agreement on the website. Your continued use of the Licensed Software following the posting of changes to this Agreement shall constitute your acceptance to be bound by the terms and conditions of the revised Agreement. The latest version of this Agreement will be published at http://www.rankquest.com/watchrank/LICENSE_AGREEMENT. 12. General Provisions: This Agreement constitutes the entire agreement between the parties hereto. RankQuest grants you the rights herein, provided that the terms and conditions set forth in this Agreement are accepted without modification and as long as you comply with the terms and conditions set forth herein. This Agreement does not grant you any right to export or otherwise distribute the Licensed Software.