End user agreement for Traffic Hurricane
This Freeware End-User License Agreement ("EULA") is a legal agreement between you (either an individual person or a single legal entity, who will be referred to in this EULA as "User") and the Developer for the Traffic Hurricane freeware product that accompanies this EULA, or that is subsequently provided to the User pursuant to further order, including any associated media, printed materials and electronic documentation (collectively, the "Freeware Product"). By installing, copying, downloading, accessing or otherwise using the Freeware Product, User agrees to be bound by the terms of this EULA. If User does not accept and agree to the terms and conditions of this EULA, we are unwilling to license the Freeware Product contained herein to User. In that case do not install access or use the Freeware Product; instead delete the Freeware Product from your computer or network in whatever form(s) it exists.
* Meaning of words used in this EULA *
Owner: the individual person or single legal entity that is deemed to be the licensed developer of the Product under the terms of this EULA.
Developer: the individual person or single legal entity that is deemed to be the licensed developer of the Product under the terms of this EULA.
User: the individual person or single legal entity that is deemed to be the licensed user of the Product under the terms of this EULA.
* Ownership and grant of license *
The Freeware Product is licensed, not sold. The Freeware Product is the sole property of The Developer and is protected by all applicable intellectual property and contract laws, including but not limited to laws relating to patent, copyright and trademark laws, and by applicable international treaties and trade provisions. Any breach of The Developer’s rights as the sole owner of the Freeware Product and all intellectual property rights contained therein and in the Freeware Product may subject the offender to civil and criminal penalties, including fine and/or imprisonment.
This EULA grants User the non-exclusive right to: install and use the Freeware upon as many computers or servers as they require. Any use in violation of the license shall constitute not only breach of this EULA, but a violation of national and international copyright laws. In the event that any provision of this EULA is breached by User the license granted by this EULA shall automatically terminate without further action by The Developer, and whether or not User abides by such termination.
By installing Traffic Hurricane’s freeware version, you are stating that you legally authorized TrafficHurricane.com and any of its agents acting as resellers the un-revocable right to act on behalf for the purposes of placing banner ads, popup ads, or Google AdSense display ads on any and all pages you create with Traffic Hurricane.
At any time you wish to no longer display any ads we place on the pages you have created with Traffic Hurricane, you understand that you will have the option to upgrade to either a Pro or JV Resellers version of Traffic Hurricane in order to create pages in the future with your own secondary ads.
* Prohibitions *
You also agree that the freeware version of Traffic Hurricane may not be used to promote any adult type products or services, and under no circumstances will you ever use any version of Traffic Hurricane to promote any Excessive profanity, Hate, violence, racial intolerance, or advocate against any individual, group, or organization, Hacking/cracking content, Illicit drugs and drug paraphernalia, Pornography, adult or mature content, Gambling or casino-related content.
User may not modify, translate, or make derivative works of the Freeware Product.
User may not sub-license, rent, lease or provide service bureau services such as Freeware leases or rentals with any portion of the Freeware Product.
To the maximum extent permitted under law, if during the warranty period set forth below, a defect is discovered by User, User’s exclusive remedy hereunder shall be, at the sole option of The Developer, the repair or replacement of the Freeware Product. In order to obtain such remedy, User must return the Freeware Product in its entirety to The Developer, for a replacement copy.
* WARRANTIES AND WARRANTY DISCLAIMERS; LIMITATION OF LIABILITY *
THE FREEWARE PRODUCT IS PROVIDED ENTIRELY “AS IS”. THE DEVELOPER EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED OR EXPRESS WARRANTIES OF TITLE.
TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, UNDER NO CIRCUMSTANCES WILL THE DEVELOPER BE LIABLE TO USER FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY LOSS OF PROFITS, INTERRUPTION TO BUSINESS, LOSS OF INFORMATION OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE SUPPLY TO OR USER’S USE OF OR INABILITY TO USE THE FREEWARE PRODUCT, WHETHER THE DEVELOPER HAS BEEN INFORMED OF THE POSSIBILITY OF THE SAME OR NOT, AND WHETHER STYLED AS A CLAIM IN CONTRACT, TORT OR OTHER LEGAL THEORY.
USER ACKNOWLEDGES THAT NO PROMISE, REPRESENTATION, WARRANTY OR UNDERTAKING HAS BEEN MADE BY THE DEVELOPER TO ANY PERSON OR COMPANY ON USER’S BEHALF AS TO THE PROFITABILITY OR ANY OTHER CONSEQUENCES OR BENEFITS TO BE OBTAINED FROM DELIVERY TO USER OF THE FREEWARE PRODUCT. USER HAS RELIED UPON ITS OWN SKILL AND JUDGMENT IN ACQUIRING THE FREEWARE PRODUCT. TO THE EXTENT APPLICABLE LAW DOES NOT PERMIT A COMPLETE LIMITATION OF DAMAGES AS SET FORTH HEREIN, USER AGREES THAT ITS DAMAGES SHALL BE LIMITED TO ONE DOLLAR (CAN). NOTHING HEREIN SHALL BE CONSTRUED AS ATTEMPTING TO ENFORCE RIGHTS AGAINST USER BEYOND THOSE PERMITTED BY APPLICABLE LAW.
* Entire Agreement *
This EULA embodies the entire agreement between The Developer and User in relation to the terms on which User is licensed to use the Freeware Product; any written or oral agreement between the parties in connection with the subject matter hereof is hereby superseded and of no further force or effect. This EULA may be amended only by a writing executed by both parties.
* Governing Law *
This EULA is governed by the laws of Denmark. The Developer and User each irrevocably and unconditionally submit to the exclusive jurisdiction and venue of the federal courts of Denmark, and each knowingly waives any objection that the courts therein do not have personal jurisdiction or that the courts are an improper forum, or not a convenient forum. The International Sale of Goods Convention shall not apply to this License Agreement, and is expressly excluded hereunder.
* Severance *
If any provision of this EULA is or at any time becomes illegal, prohibited, void or unenforceable for any reason, that provision is severed from this EULA and the remaining provisions of this EULA shall continue to be enforceable and are to be construed with such additions, deletions and modifications as are necessary to give effect to the remaining provisions of this EULA.
* Termination *
THIS LICENSE IS EFFECTIVE UNTIL TERMINATED. User may terminate it by destroying or returning all copies of the Freeware Product and all of its component parts. THIS LICENSE WILL TERMINATE AUTOMATICALLY WITHOUT FURTHER ACTION FROM THE DEVELOPER IF USER FAILS TO COMPLY WITH ANY TERM OR CONDITION OF THIS AGREEMENT.