End user agreement for WooSnap! Internet Search
BID SOLVE END USER LICENSE AGREEMENT
ARTICLE 1 DEFINITIONS
Bid solve, Inc. (“BID SOLVE)-The manufacturer of this software, a Nevada registered company, with principal place of business located at:
10760B Ambassador Drive
Manassas VA 20109-2626
WooSnap (“SOFTWARE”) is the software that is the source of this End User Licensing Agreement (“EULA”).
You-The Grantee of the license to use this SOFTWARE.
Third Party Software-software, which is owned and controlled by third parties and interacts with the SOFTWARE.
ARTICLE 2 GRANT OF LICENSE
This EULA, if legally executed as defined herein, licenses and so grants You the following rights:
SOFTWARE: User may install and use an unlimited copy of the SOFTWARE, on an unlimited number of computers, subject to the restrictions in Article 4, Infra.
ARTICLE 3 DELIVERY
The Software shall be made available to you electronically after you select accept. By accepting, you freely acknowledge and accept the terms of this license.
ARTICLE 4 RESTRICTIONS
Resale- You acknowledge and agree that the title to and ownership of the SOFTWARE and the intellectual property rights associated therewith are and remain the sole and exclusive property of BID SOLVE and its licensors. You are only granted the license to this product for the purpose of enjoying the benefits of the convenient search capability of the SOFTWARE. You therefore have no right, title or interest in or to the SOFTWARE and the intellectual property rights associated therewith.
Disassembly- You may not: (i) decompile, reverse engineer, disassemble, translate or adapt the SOFTWARE nor may you attempt to create the source code from the object code of the SOFTWARE unless explicitly permitted by applicable and mandatory law; (ii) attempt in any way to circumvent the license checking mechanisms; nor (iii) incorporate, or let others incorporate, the SOFTWARE, in part or in whole, into any other application(s) than the ones the SOFTWARE interacts with as a result of its install. The source code of the SOFTWARE shall not be made available to you unless specifically agreed upon.
ARTICLE 5 DISCLAIMER OF WARRANTIES
You expressly acknowledge and agree that use of the SOFTWARE is at your sole risk. The SOFTWARE, and source code are provided "AS IS", without warranty of any kind. BID SOLVE does not, either expressed, implied or statutory, make any warranties, claims or representations with respect to the SOFTWARE, including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for use or a particular purpose, to the fullest extent allowable by law, unless explicitly stated otherwise in this EULA. BID SOLVE further does not represent or warrant that the SOFTWARE will always function uninterrupted or error-free. No oral or written information or advice given by BID SOLVE or by any of its representatives, agents or resellers shall create a warranty. As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to you.
ARTICLE 6 LIMITATION OF LIABILITY
BID SOLVE will only be liable in the event of gross negligence or intentional act of BID SOLVE, its directors, employees, agents or resellers, causing the loss or damage. In such event, BID SOLVE will only be liable for the direct damages, strictly meaning (i) the reasonable costs made to have BID SOLVE’s performance meet with its obligations under this EULA; and (ii) the reasonable costs to be made in order to prevent or to limit the damages caused; and (iii) the reasonable costs to determine the liability and the nature and scope of the damages; and (iv) the reasonable costs to be made in order to seek for mediation or arbitration. In no event shall BID SOLVE be liable for any
indirect damages, to the fullest extent permitted by law. In all other events BID SOLVE shall not be liable for any loss, damage, injury (including, to the full extent permitted by law and no further, personal injury or death), demand or expense, direct or indirect, resulting from any act or omission that can be contributed to BID SOLVE, its directors, employees, agents or resellers, or any other cause and arising out of or in connection with the use of the Software even if BID SOLVE, its directors, employees, agents or resellers, has been advised of the possibility of such damages, arising out of the use, misuse or inability to use the SOFTWARE.
You agree to use the SOFTWARE only for purposes that are permitted by (a) the Terms of this EULA and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including, but not limited to, any laws regarding Consumer Privacy, Intellectual Property and the export of data or software to and from the United States or other relevant countries).
ARTICLE 7 THIRD PARTY SOFTWARE
You acknowledge and agree that the SOFTWARE interacts with Third Party Software and the Internet. Title and ownership of Third Party Software and the intellectual property rights associated therewith are and remain the sole and exclusively property of the respective third party. You also acknowledge that the SOFTWARE interacts with the Internet and BID SOLVE maintains no liability with respect to the content that reaches the End User as the result of the search engine function that the SOFTWARE launches (for a further explanation, see ARTICLE 8 REPRESENTATIONS OF PRIVACY and ARTICLE 9 REPRESENTATIONS OF CONTENT, infra, respectively).
ARTICLE 8 REPRESENTATIONS OF PRIVACY
BID SOLVE warrants that SOFTWARE does not (a) collect or "screen-scrape" any search queries or information that you provide to third party web-sites or (b) collect or report back to us any data regarding your computer keystrokes or other data unrelated to the services the SOFTWARE provides. All information collected from a search query is recorded on a non-personally identifiable basis and is kept strictly anonymous.
BID SOLVE further warrants that it will not personally install any spyware, malware, computer viruses, or any other device which indexes your computer or retrieves additional privacy information from your computer. However, because SOFTWARE is a tool that connects You to the web by way of search engine and/or third party content, BID SOLVE makes no representations and/or warranties with respect to any content provided by the search engine itself nor any third party content which may appear as individual results from the search engine search.
ARTICLE 9 REPRESENTATIONS OF CONTENT
BID SOLVE represents that web content returned from the search function in SOFTWARE may vary from the content which would be otherwise provided from its original search engine browser page and/or other third party content. SOFTWARE may have advertisements included in the search engine results, appearing on the same browser page as the search engine results.
Harmful Content- BID SOLVE warrants that the content it provides is not vulgar, obscene or pornographic. Because WooSnap is software which connects to the Internet, however, BID SOLVE is not responsible for either the appearance of any content that is vulgar, obscene, pornographic, offensive or otherwise of an adult nature that appears as a result of a search engine request or any content that appears in advertising.
ARTICLE 10 SEVERABILITY
If any term or provision of this EULA shall be found to be illegal or unenforceable, then, notwithstanding that term, all other terms of this EULA will remain in full force and effect and parties shall substitute for the affected term or provision an enforceable term or provision which approximates the intent and economic effect of the affected provision.
ARTICLE 11 RIGHTS RESERVED
The failure by BID SOLVE to exercise any right hereunder shall not operate as a waiver of BID SOLVE’s rights to exercise such right or any other right in the future.
ARTICLE 12 CHOICE OF LAW
The laws of Virginia will govern this EULA in all respects. You acknowledge and agree that this clause will supersede any conflicting standard clauses, terms, or similar rules that you may otherwise apply in agreements.
By choosing “I accept” below you accept the terms and conditions of this EULA.