End user agreement for Link Popularity Check
Please read this agreement carefully before installing Link Popularity Check (LPC). By installing and using our software, you acknowledge that you have read this agreement, understand it and agree to be bound by its terms and conditions.
This Link Popularity Check (LPC) End-User License Agreement ("Agreement") is a legal agreement between you (either an individual or a single entity known as "Customer") and Axandra GmbH, which owns a proprietary computer software and "on-line" or electronic documentation (collectively known as "Link Popularity Check (LPC)" or "Software"). By installing, copying, or otherwise using the Software or any Software Updates, Customer agrees to be bound by the terms of this Agreement. If Customer does not agree to the terms of this Agreement, do not install, copy, or use the Software, including all Software Updates that Customer received as part of the Software (each, an "Update").
By installing, copying, or otherwise using an Update, Customer agrees to be bound by the additional license terms that accompany such Update. If Customer does not agree to the terms of the additional license terms that accompany the Update, disregard the Update and the additional license terms that accompany the Update. In this event, Customer's rights to use the Software shall continue to be governed by the then-existing Agreement.
All title and copyrights in and to the Software (including but not limited to any software components, product documentation and associated media, sample files, extension files, tools and utilities, miscellaneous technical information, collectively referred to herein as the "Software"), and any copies of the Software, are owned by Axandra GmbH. The Software is protected by German copyright laws and international treaty provisions. Therefore, you must treat the Software like any other copyrighted material, except that Customer may either (i) make one copy of the Software solely for backup or archival purposes, provided Customer reproduces and includes Axandra GmbH's copyright and trademark notices contained on the original disk labels on such backup copy, or (ii) transfer the Software to a hard disk, provided Customer keeps the original solely for backup and archival purposes. The Software is licensed, not sold.
2. Grant of License
a. Axandra GmbH grants Customer use of the Software only if Customer has purchased an unlock code for the Software.
b. Axandra GmbH grants Customer a non- exclusive license to use Axandra GmbH's Link Popularity Check (LPC) computer software (the "Software")
c. Acceptance: Link Popularity Check shall be deemed accepted by Customer upon payment of the Software by Customer.
3. Other Restrictions
a. The Software is the sole and exclusive property of Axandra GmbH, including all applicable rights to patents, copyrights, trademarks and trade secrets and is provided for Customer's exclusive use for the purposes of this Agreement and will be held in confidence.
b. Customer will not remove any designation mark from any supplied material that identifies such material as belonging to or developed by Axandra GmbH. Customer agrees not to disassemble, decompile, reverse engineer or otherwise reduce the Software to perceptible form.
c. Customer may not rent, lease, or sub license the Software.
d. Customer may permanently transfer all of Customer's rights under this Agreement, provided Customer retains no copies, Customer transfers all of the Software (including all component parts, the media and printed materials, any upgrades, and this Agreement), Customer provides Axandra GmbH notice of Customer's name, company, and address and the name, company, and address of the person to whom Customer is transferring the rights granted herein, and the recipient agrees to the terms of this Agreement and pays to Axandra GmbH a transfer fee in an amount to be determined by Axandra GmbH and in effect at the time in question. If the Software is an upgrade, any transfer must include all prior versions of the Software. If the Software is received as part of a subscription, any transfer must include all prior deliverables of Software and all other subscription deliverables. Upon such transfer, Customer's license under this Agreement is automatically terminated.
e. Customer may use or transfer the Updates to the Software only in conjunction with Customer's then-existing Software. The Software and all Updates are licensed as a single product and the Updates may not be separated from the Software for use at any time.
f. Customer must to be 18 years or older and to be an adult in his jurisdiction.
g. We cannot guarantee that the Software will work for all times. If you change your operating system, or if you install a new web browser, the software may not work anymore. We cannot guarantee the support of special search engines in the Software. The removal of one or more special search engines is no reason for a refund.
h. All title and intellectual property rights in and to the content which may be accessed through use of the Software are the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This Agreement grants you no rights to use such content.
i. Customer must make sure that it is legal to use the software in Customer's country or jurisdiction with the supported search engines. Axandra - Axandra GmbH only provides a license to the software. It's the customers responsibility to make sure that Customer is allowed to use the software with the supported search engines.
j. Customer must not use the software for sending unsolicited email messages (so-called "spamming").
k. Some search engines may not allow Internet access through automated software. It's the sole responsibility of the Customer to make sure that Customer doesn't use these search engines with the Software. Customer must read the terms and conditions of those search engines that Customer intends to use with the Software prior using them with the Software. If the search engine does not allow the use of automated software in Customer's country, Customer must not use the corresponding search engine with the Software. Search engines can change their terms and conditions at any time so it's the sole responsibility of the Customer to check them regularly before using the Software.
l. No web site promotion tool or search engine placement service can guarantee a top 10 search engine ranking. Therefore, the use of the Software cannot guarantee a top 10 ranking on a search engine in any way.
m. All trademarks are owned by their respective holders.
Without prejudice to any other rights, Axandra GmbH may terminate this Agreement if Customer fails to comply with the terms and conditions of this Agreement. In such event, Customer must destroy all copies of the Software in any form and all of its component parts.
5. Disclaimer of Warranty
a. NO WARRANTIES. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Axandra GmbH DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY AGAINST INFRINGEMENT, WITH REGARD TO THE SOFTWARE. WE CANNOT GUARANTEE THAT PAY PER CLICK MAXIMIZER WILL WORK FOR ALL TIMES. IF THE SEARCH ENGINES CHANGE THEIR FORMAT OR IF YOU INSTALL A NEW WEB BROWSER, THE APPLICATION MAY NOT WORK. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
b. NO LIABILITY FOR DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Axandra GmbH 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 OR INABILITY TO USE THE SOFTWARE, EVEN IF Axandra GmbH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
c. Axandra GmbH shall be relieved of any and all obligations with respect to this section for any portions of the Software that are revised, changed, modified, or maintained by anyone other than Axandra GmbH.
6. Additional Copyright information about "Indy"
Portions of this software are Copyright (c) 1993 - 2001, Chad Z. Hower (Kudzu) and the Indy Pit Crew - http://www.nevrona.com/Indy/
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation, about box and/or other materials provided with the distribution. No personal names or organizations names associated with the Indy project may be used to endorse or promote products derived from this software without specific prior written permission of the specific individual or organization. THIS SOFTWARE IS PROVIDED BY Chad Z. Hower (Kudzu) and the Indy Pit Crew "AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE REGENTS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
7. Governing Law
This Agreement shall be construed and the legal relation between the parties determined in accordance with German law. Area of jurisdiction is Ransbach-Baumbach, Germany.
CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAS READ THIS AGREEMENT, UNDERSTAND IT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. CUSTOMER FURTHER AGREES THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN CUSTOMER AND Axandra GmbH WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN CUSTOMER AND Axandra GmbH RELATING TO THE SOFTWARE. This Agreement may not be modified except by a writing signed by a duly authorized representative of Axandra GmbH.
Copyright (c) 2002-2005 Axandra - Axandra GmbH - http://www.Axandra.com