|
MediaAutoResponder.com END-USER SOFTWARE
AGREEMENT
MediaAutoResponder.com is a reseller of the
Media Autoresponder Software and therefore
will be will be bound the MediaAutoresponders
Resellers Agreement.This Software Agreement
("Agreement") is between You (either
an individual or an entity), the End User,
and MediaAutoResponder.com ("MediaAutoResponder.com").
The Agreement authorizes You to use the Software
specified in Clause 1 below, which may be
stored on a CD-ROM, sent to You by electronic
mail, or downloaded from MediaAutoResponder.com's
Web pages or Servers or from other sources
under the terms and conditions set forth below.
This is an agreement on end-user rights and
not an agreement for sale. MediaAutoResponder.com
continues to own the copy of the Software
and the physical media contained in the sales
package and any other copy that You are authorized
to make pursuant to this Agreement.
Read this Agreement carefully before installing,
downloading, or using the Software. By ordering,
installing, downloading, and/or using the
Software, You agree to the terms and conditions
of this Agreement. If You do not agree to
all of the terms and conditions of this Agreement,
cancel the installation or downloading, or
destroy or return the Software and accompanying
documentation to MediaAutoResponder.com. YOU
AGREE THAT YOUR USE OF THE SOFTWARE ACKNOWLEDGES
THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND
IT, AND AGREE TO BE BOUND BY ITS TERMS AND
CONDITIONS.
1. SOFTWARE.
As used in this Agreement, the term "Software"
means, collectively: (i) the software product
identified above (ii) all the contents of
the disk(s), CD-ROM(s), electronic mail and
its file attachments, or other media with
which this Agreement is provided, including
the object code form of the software delivered
via a CD-ROM, electronic mail, or Web page
(iii) digital images, stock photographs, clip
art, or other artistic works ("files")
(iv) related explanatory written materials
and any other possible documentation related
thereto ("Documentation"); (v) fonts,
and (vi) upgrades, modified versions, updates,
additions, and copies of the Software (collectively
"Updates"), if any, licensed to
You by MediaAutoResponder.com under this Agreement.
2. END USER RIGHTS AND USE.
MediaAutoResponder.com grants to You non-exclusive,
non-transferable end-user rights to install
the Software on a any domain name that you
have registered.
3. LIMITATIONS ON END USER RIGHTS.
You may not copy, distribute, or make derivative
works of the Software except as follows:
(a) You may make one copy of the Software
on magnetic media as an archival backup copy,
provided Your archival backup copy is not
installed or used on any computer, server,
or domain name. Any other copies You make
of the Software are in violation of this Agreement.
(b) You may not use, modify, translate, reproduce,
or transfer the right to use the Software
or copy the Software except as expressly provided
in this Agreement.
(c) You may not resell, sublicense, rent,
lease, or lend the Software.
(d) You may not reverse engineer, reverse
compile, disassemble, or otherwise attempt
to discover the source code of the Software
(except to the extent that this restriction
is expressly prohibited by law) or create
derivative works based on the Software.
(e) Unless stated otherwise in the Documentation,
You shall not display, modify, reproduce,
or distribute any of the files included with
the Software. In the event that the Documentation
allows You to display the files, You shall
not distribute the files on a stand-alone
basis, i.e., in circumstances in which the
files constitute the primary value of the
product being distributed. Files may not be
used in the production of libelous, defamatory,
fraudulent, infringing, lewd, obscene, or
pornographic material or in any otherwise
illegal manner. You may not register or claim
any rights in the files or derivative works
thereof.
(f) You agree that You shall only use the
Software in a manner that complies with all
applicable laws in the jurisdiction in which
You use the Software, including, but not limited
to, applicable restrictions concerning copyright
and other intellectual property rights.
4. COPYRIGHT.
The Software and all rights, without limitation
including proprietary rights therein, are
owned by MediaAutoResponder.com and/or its
licensors and affiliates and are protected
by international treaty provisions and all
other applicable national laws of the country
in which it is being used. The structure,
organization, and code of the Software are
the valuable trade secrets and confidential
information of MediaAutoResponder.com and/or
its licensors and affiliates. You must not
copy the Software, except as set forth in
clause 3 (Limitations On End-User Rights).
Any copies which You are permitted to make
pursuant to this Agreement must contain the
same copyright and other proprietary notices
that appear on the Software.
5 .MULTIPLE ENVIRONMENT SOFTWARE /
MULTIPLE LANGUAGE SOFTWARE / DUAL MEDIA SOFTWARE
/ MULTIPLE COPIES / UPDATES.
You may not rent, lease, sublicense, lend,
or transfer versions or copies of the Software
You do not use. If the Software is an Update
to a previous version of the Software, You
must possess valid end-user rights to such
a previous version in order to use the Update,
and You may use the previous version for ninety
(90) days after You receive the Update in
order to assist You in the transition to the
Update. After such time You no longer have
a right to use the previous version, except
for the sole purpose of enabling You to install
the Update.
6. COMMENCEMENT & TERMINATION.
This Agreement is effective from the first
date You install the Software. You may terminate
this Agreement at any time by permanently
deleting, destroying, and returning, at Your
own costs, the Software, all backup copies,
and all related materials provided by MediaAutoResponder.com.
Your end-user rights automatically and immediately
terminate without notice from MediaAutoResponder.com
if You fail to comply with any provision of
this Agreement. In such an event, You must
immediately delete, destroy, or return at
Your own cost, the Software, all backup copies,
and all related material to MediaAutoResponder.com.
7. YOU ACKNOWLEDGE THAT THE SOFTWARE IS PROVIDED
"AS IS" WITHOUT WARRANTY OF ANY
KIND, EXPRESS OR IMPLIED, AND TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW
NEITHER MediaAutoResponder.com, ITS LICENSORS
OR AFFILIATES, NOR THE COPYRIGHT HOLDERS MAKE
ANY REPRESENTATIONS OR WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE OR THAT THE SOFTWARE
WILL NOT INFRINGE ANY THIRD PARTY PATENTS,
COPYRIGHTS, TRADEMARKS, OR OTHER RIGHTS. THERE
IS NO WARRANTY BY MediaAutoResponder.com OR
BY ANY OTHER PARTY THAT THE FUNCTIONS CONTAINED
IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS
OR THAT THE OPERATION OF THE SOFTWARE WILL
BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME
ALL RESPONSIBILITY AND RISK FOR THE SELECTION
OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS
AND FOR THE INSTALLATION, USE, AND RESULTS
OBTAINED FROM IT.
8. NO OTHER OBLIGATIONS.
This Agreement creates no obligations on the
part of MediaAutoResponder.com other than
as specifically set forth herein.
9. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT SHALL MediaAutoResponder.com,
ITS EMPLOYEES OR LICENSORS OR AFFILIATES BE
LIABLE FOR ANY LOST PROFITS, REVENUE, SALES,
DATA, OR COSTS OF PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICES, PROPERTY DAMAGE, PERSONAL
INJURY, INTERRUPTION OF BUSINESS, LOSS OF
BUSINESS INFORMATION, OR FOR ANY SPECIAL,
DIRECT, INDIRECT, INCIDENTAL, ECONOMIC, COVER,
PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES,
HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT,
TORT, NEGLIGENCE, OR OTHER THEORY OF LIABILITY
ARISING OUT OF THE USE OF OR INABILITY TO
USE THE SOFTWARE, EVEN IF MediaAutoResponder.com
OR ITS LICENSORS OR AFFILIATES ARE ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE
SOME COUNTRIES/STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF LIABILITY, BUT MAY
ALLOW LIABILITY TO BE LIMITED, IN SUCH CASES,
MediaAutoResponder.com, ITS EMPLOYEES OR LICENSORS
OR AFFILIATES' LIABILITY SHALL BE LIMITED
TO U.S. $50.00.
Nothing contained in this Agreement shall
prejudice the statutory rights of any party
dealing as a consumer. Nothing contained in
this Agreement limits MediaAutoResponder.com's
liability to You in the event of death or
personal injury resulting from MediaAutoResponder.com's
negligence. MediaAutoResponder.com is acting
on behalf of its employees and licensors or
affiliates for the purpose of disclaiming,
excluding, and/or restricting obligations,
warranties, and liability as provided in this
clause 9, but in no other respects and for
no other purpose.
10. TECHNICAL SUPPORT.
MediaAutoResponder.com has no obligation to
furnish You with technical support unless
separately agreed in writing between You and
MediaAutoResponder.com.
11. NOTICES.
All notices and return of the Software and
Documentation should be delivered to:
Media Auto Responder.net
Admin@MediaAutoResponder.com
12. APPLICABLE LAW & GENERAL PROVISIONS.
This Agreement is governed by the laws of
California. All disputes arising from or relating
to this Agreement shall be settled by a single
arbitrator appointed by the Orange County
Court System of California. The arbitration
procedure shall take place in Orange County,
California in the English language. 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. This
Agreement may only be modified by a writing
signed by an authorized officer of MediaAutoResponder.com,
although MediaAutoResponder.com may vary the
terms of this Agreement.
This is the entire agreement between MediaAutoResponder.com
and You relating to the Software, and it supersedes
any prior representations, discussions, undertakings,
end-user agreements, communications, or advertising
relating to the Software.
|
