End user agreement for Auto PAD Submit
IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA")
is a legal agreement between you (either an individual or a single
entity) and BetterWindowsSoftware for the Auto PAD Submit software
that accompanies this EULA. YOU AGREE TO BE BOUND BY THE TERMS OF
THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE.
IF YOU DO NOT AGREE, DO NOT INSTALL, COPY OR USE THE SOFTWARE.
1. GRANT OF LICENSE. BetterWindowsSoftware grants to you the right
to install and use the Software on as many computers as needed.
2. RESERVATION OF RIGHTS AND OWNERSHIP. BetterWindowsSoftware
reserves all rights not expressly granted to you in this EULA.
The Software is protected by copyright and other intellectual
property laws and treaties. BetterWindowsSoftware owns the title,
copyright, and other intellectual property rights in the
Software. The Software is licensed, not sold.
3. USAGE TRACKING. While using the program during the free
period, you agree that usage statistics be shared with
BetterWindowsSoftware. Aside from usage tracking, each PAD XMLs
that you submit with this program will also update the same PAD
at BetterWindowsSoftware (unless it already existed in the
database). After the free period expires the program will only
function after purchasing the registration (which gives unlimited
usage). If you make any attempts to fool the program into
additional trial periods, the program is designed to detect these
multiple requests and may completely stop working.
4. ACCOUNT CREATION - EMAIL VALIDATION. The user agrees to
create an account and supply a valid email address. The program
will not function until the user follows an account activation
return link (which is delivered to that email address). Note
that your email address will not be used after this point in time
for any mailings; furthermore, it will not be sold to anybody
(we hate SPAM!). Also, for your security, your password is never
transmitted by us unless it is encrypted - the exception to this
would be if you requested a "password reminder" email.
5. ADDITIONAL SOFTWARE/SERVICES. This EULA applies to software
updates that may be provided to you or made available to you
after the date you obtain your initial copy of the Software.
BetterWindowsSoftware reserves the right to discontinue any update
services provided to you.
6. DISCLAIMER OF WARRANTIES. To the maximum extent permitted by
applicable law, BetterWindowsSoftware provides the Software and
support services as is and with all faults, and hereby disclaim
all other warranties and conditions, whether express, implied or
statutory. There is no warranty of any type with regard to this
7. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER
DAMAGES. To the maximum extent permitted by applicable law, in no
event shall BetterWindowsSoftware be liable for any special,
incidental, punitive, indirect, or consequential damages
whatsoever (including, but not limited to, damages for loss of
profits or confidential or other information, for business
interruption, for personal injury, for loss of privacy, for
failure to meet any duty including of good faith or of reasonable
care, for negligence, and for any other pecuniary or other loss
whatsoever) arising out of or in any way related to the use of or
inability to use the software, the provision of or failure to
provide support or other services, information, software, and
related content through the software or otherwise arising out of
the use of the software, or otherwise under or in connection with
any provision of this EULA, even in the event of the fault, tort
(including negligence), misrepresentation, strict liability,
breach of contract or breach of warranty of BetterWindowsSoftware,
and even if BetterWindowsSoftware has been advised of the
possibility of such damages.
8. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any
damages that you might incur for any reason whatsoever (including,
without limitation, all damages referenced herein and all direct
or general damages), the entire liability of BetterWindowsSoftware
under any provision of this EULA and your exclusive remedy
hereunder shall be limited to the amount actually paid by you for
the software. The foregoing limitations, exclusions and
disclaimers shall apply to the maximum extent permitted by
applicable law, even if any remedy fails its essential purpose.
9. APPLICABLE LAW. If you acquired this Software in the United
States, this EULA is governed by the laws of the State of
Washington. If you acquired this Software elsewhere then local
10. INTELLECTUAL PROPERTY INDEMNITY. Licensor shall indemnify,
defend, and hold Licensee harmless from and against any costs
(including attorneys’ fees), damages, claims, suits, actions,
liabilities, losses, and judgments, based upon a claim that the
Licensed Software infringes upon the patent, copyright, or other
intellectual property right of any third party, provided that
Licensor is given notice of such claim. In addition, in the
defense or settlement of any claim, Licensor shall, in its
reasonable judgment and at its option and expense: (1) obtain for
licensee the right to continue use of the Licensed Software; (2)
replace or modify the Licensed Software so that it becomes non-
infringing while giving equivalent performance; or (3) if the
Licensee cannot obtain the remedies in (1) or(2), as its sole
obligation, terminate the license for the infringing Licensed
Software and refund the License Software fees paid by the
Licensee herunder. Notwithstanding any provision to the contrary,
no limitation of the Linensor’s liability set forth herein shall
apply to this obligation of Licensor to indemnify Licensee.
11. ENTIRE AGREEMENT; SEVERABILITY. This EULA (including any
addendum or amendment to this EULA which is included with the
Software) are the entire agreement between you and
BetterWindowsSoftware relating to the Software and the support
services (if any) and they supersede all prior or contemporaneous
oral or written communications, proposals and representations
with respect to the Software or any other subject matter covered
by this EULA. If any provision of this EULA is held to be void,
invalid, unenforceable or illegal, the other provisions shall
continue in full force and effect.