End user agreement for PPC BidMax
PPC BidMax(Bid Maximizer) License Agreement
Apex Pacific Pty Ltd Legal Notices
Copyright(c) 2001-2009 Apex Pacific Pty Ltd. All rights reserved.
Bid Maximizer is a trademark of Apex Pacific Pty Ltd. All other brand and product names are trademarks of their respective holders.
This is a legal agreement between you (either an individual or an entity, hereinafter known as the "Licensee"), and Apex Pacific Pty Ltd. (hereinafter known as "Licensor"). BY PURCHASING THIS SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. If you do not agree to the terms of this Agreement, you may promptly return the software and accompanying items to the Licensor for a full refund.
This Agreement applies in the absence of a signed license agreement between the Licensee and Licensor; any such signed license agreement shall supercede this Agreement.
The Licensee may:
·Use the Software on any SINGLE computer;
·Use the Software on a second computer as long as only one copy is used at a time by ONE individual only;
·Copy the Software for archival purposes ONLY, provided any copy must contain all the original Software's proprietary notices.
Additional software components may have been distributed to you along with the SOFTWARE PRODUCT. Except as otherwise specifically referenced below, such additional software components are not subject to the MAUS END USER LICENCE AGREEMENT, but are covered by a separate End User Licence Agreement provided with each component.
The SOFTWARE PRODUCT is protected by copyright laws. The SOFTWARE PRODUCT is licensed, not sold.
GRANT OF LICENCE. The Apex Pacific END USER LICENCE AGREEMENT grants you the following rights:
Apex Pacific and its affiliates will not be held responsible for changes in the search engine which effect Bid Maximizer performance or functionality; however, every effort will be made to make updates available to all customers.
The customer agrees to verify the changes made by Bid Maximizer, and Bid Maximizer harmless from any consequential or direct damages due to a malfunction of the software.
LIABLIITY FOR CHANGES TO THE CUSTOMER'S ACCOUNT
It is the customer's responsibility to ensure that it is within the search engine's terms of service to operate Bid Maximizer.
Customer agrees that he has authorized the Bid Maximizer to make any bid changes on his behalf. Apex Pacific and its affiliates/resellers shall NOT be liable for any lost keywords or charges resulting from the changes made by Bid Maximizer. Customer agrees to pay all the amounts he has incurred to the Search Engine. The Customer shall be legally bound to the Search Engine for charges to the customer's account with the search engine made as a result of Bid Maximizer's action. The maximum liability for actual damage sustained shall be limited to $3,000 US dollar.
Technical support for Bid Maximizer: The Licensor agrees to provide technical support to a single point of contact in the Licensee organization for one year from the Date of this Agreement. The Licensee agrees to provide technical support to all other Licensee end-users.
Subject to third-party supplier restrictions and charges, the Licensor agrees to make available to the Licensee, upon request, any maintenance releases, new and enhanced versions or upgrades of the licensed software that Licensor releases for the Windows platform for a period of 6 months from the Date of this Agreement.
© Apex Pacific. All rights reserved. No part of this work covered by the publisher's copyright may be reproduced or copied in any form or by any means (graphic, electronic or mechanical, including photocopying, recording or information retrieval systems) without the written permission of the publisher or to the extent specifically authorised in this work.
Please note that monthly subscription accounts are automatically renewed in advance, prior the end of each billing period. In the case of a yearly subscription you will be required to renew your subscription at the end of this period (that is 12 months).
We offer 14-days money back guarantee. That means, if you cancel within 14 days from the initial sign-up date, your credit card will be refunded 100% of the fee charged for the subscription. If you cancel after 14 days, you are not entitled for a refund. Please refer to the Cancellation Policy to terminate your account after 14 days from the initial sign-up date. Please refer to http://www.apexpacific.com/order/agreement_and_policy.html for more details.
To terminate your subscription you are required to give us notice, at least 5 business days prior to the billing date. For termination to take effect, you must submit your request through the online cancellation form at http://www.apexpacific.com/help/cancellation.html. Your account will be terminated on the last day of your latest billing cycle. Please refer to http://www.apexpacific.com/order/agreement_and_policy.html for more details.
You may not rent, lease, lend, sublicense, time-share, distribute, sell or assign the license to use this software. NOR MAY YOU USE THIS SOFTWARE ON MORE COMPUTERS OR TERMINALS THAN YOUR LICENSE PERMITS. You may make backup copies of the software strictly for your own archival purposes. Except as explicitly permitted pursuant to this Agreement, YOU MAY NOT OTHERWISE DISTRIBUTE, COPY, REPRODUCE, SUBLICENSE, SELL OR OTHERWISE DISTRIBUTE THE LICENSED SOFTWARE. IN NO EVENT MAY YOU OR ANY OTHER PARTY MODIFY, ADAPT, TRANSLATE, REVERSE ENGINEER, DECOMPILE, DISASSEMBLE, OR CREATE DERIVATIVE WORKS BASED ON THIS SOFTWARE.
DISCLAIMER OF WARRANTY.
This Software is provided **AS IS**. To the extent permitted by applicable law, the LICENSOR AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. The Licensor and its suppliers make NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE.
EXCLUSION OF CONSEQUENTIAL, INCIDENTAL AND SPECIAL DAMAGES.
To the extent permissible by law, NEITHER THE LICENSOR NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, including lost profits, lost savings or other incidental or consequential damages arising out of the use of or inability to use the licensed software, even if the Licensor and its suppliers have been advised of the possibility of such damages.
LIMITATION OF LIABILITY.
IN NO EVENT WILL LICENSOR'S LIABILITY FOR ANY DAMAGES EVER EXCEED THE LOWER OF SUGGESTED LIST PRICE OR ACTUAL PRICE PAID FOR THE SOFTWARE.
TERMINATION OF LIABILITY.
To the extent that Licensor, notwithstanding the above disclaimers, remains legally liable to the Licensee, such liability shall expire one year from the date of this Agreement.
This product is built with an automatic security device that keeps track of usage and can link this information to the serial number of your hard disk, this occurs at the time of registration. This should be sufficient evidence to prosecute in most cases, should it be determined that you have unlawfully used or continued to use the software. Apex Pacific will make all efforts to recover any unpaid debts or outstanding accounts for software returned without authorisation outside the 30 day purchase period. It is the policy of Apex Pacific to list any defaulting accounts with Credit Advantage Limited. This listing will remain on your credit file for a period of five years and may affect any future credit application you make (such as housing loans, credit cards etc). Once the company has been listed, we cannot undo the listing. We will also list you with our credit collection agency in order to recover the debt owed to us. If we are forced to commence proceedings, this action could also result in your being
LIMITATION ON TRANSFER OF INTELLECTUAL PROPERTY RIGHTS IN THE SOFTWARE.
This software is owned by Licensor and its suppliers, and its structure, organization and code are the valuable trade secrets of Licensor and its suppliers. The Software is also protected by the Australian Copyright law and International Treaty provisions. You may not copy the software, except as provided in this Agreement. Any copies that you are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the software. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the software. Trademarks shall be used in accordance with accepted trademark practice, including identification of trademark owner's name. Such use of any trademark does not give you any rights of ownership in the trademark. Except as stated above, this Agreement does not grant you any intellectual property rights in the software.
INTERNATIONAL LAW AND EXPORT.
This Agreement will not be governed by the Vienna Convention on Contracts or the International Sale of Goods, the application of which is expressly excluded. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the Australian Export Act or any other export laws, restrictions or regulations.
DATE OF AGREEMENT.
The "Date" of this Agreement, as used herein and in all previous and subsequent sections, shall be the day that Licensor receives the licensed software.
This Agreement is governed by the Laws of Australia.
If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.