EULA - End User License Agreement
End User License Agreement
NOTICE TO ALL USERS: PLEASE READ THIS CONTRACT CAREFULLY. BY CLICKING THE ACCEPT BUTTON OR INSTALLING THE SOFTWARE, YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU. IF YOU DO NOT AGREE, CLICK ON THE BUTTON THAT INDICATES THAT YOU DO NOT ACCEPT THE TERMS OF THIS CONTRACT AND DO NOT INSTALL THE SOFTWARE. IF YOU PURCHASED THE SOFTWARE ON TANGIBLE MEDIA (e.g., CD) WITHOUT THE OPPORTUNITY TO REVIEW THIS LICENSE AND YOU DO NOT ACCEPT THIS CONTRACT, YOU MAY OBTAIN A REFUND OF THE AMOUNT YOU ORIGINALLY PAID IF YOU: (A) DO NOT USE THE SOFTWARE AND (B) RETURN IT, WITH PROOF OF PAYMENT, WITHIN THIRTY (30) DAYS OF THE PURCHASE DATE TO THE LOCATION FROM WHICH IT WAS OBTAINED.
"Software" means (a) all of the contents of the files,download packages, disk(s), CD-ROM(s) or other media (including electronic media) with which this Agreement is provided or such contents as are hosted by BizCrawlers or its distributors, resellers, OEM/MSP partners, or other business partners (collectively "Authorized Partner(s)"), including but not limited to (i) BizCrawlers or third party computer information or software; (ii) related explanatory materials in printed, electronic, or online form, including information on the term of your license ("Documentation"); and (b) upgrades, modified or subsequent versions and updates (collectively "Updates"), of the Software, if any, licensed to you by BizCrawlers or an Authorized Partner as part of a maintenance contract or service subscription.
"Use" or "Using" means to access, install, download, copy or otherwise benefit from the Software.
"Permitted Key" means one (1) unless otherwise indicated under a valid license (e.g., volume license) granted by BizCrawlers or an Authorized Partner.
"Computer" means a device that accepts information in digital or similar form and manipulates it for a specific result based upon a sequence of instructions.
BizCrawlers hereby grants to you a non-exclusive, non-transferable license to Use the Software subject to any restrictions contained herein or usage terms specified on the applicable product packaging included as part of the Documentation. Some third party materials included in the Software may be subject to other terms and conditions, which are typically found in either a "Read Me" file or an "About" file in the Software.
Unless earlier terminated as set forth herein, this Agreement is effective for the term set forth in the Documentation. If no term is agreed, the default term shall be one (1) month from purchase except with regards to a free version of the software for which the default term shall be for so long as BizCrawlers makes such Software available to you. This Agreement will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of this Agreement, you must cease use of the Software and destroy all copies of the Software and the Documentation.
This license includes updates of the Software delivered by BizCrawlers that entitles you to Updates as described in the Documentation. After the specified maintenance period or service subscription period has expired, you have no further right to receive any Updates without the purchase of a new maintenance contract or service subscription.
The Software is protected by United States? and other copyright laws, international treaty provisions and other applicable laws in the country in which it is being used. BizCrawlers and its suppliers own and retain all right, title and interest in and to the Software, including all copyrights, patents, trade secret rights, trademarks and other intellectual property rights therein. Your possession, installation, or Use of the Software does not transfer to you any title to the intellectual property in the Software, and you will not acquire any rights to the Software except as expressly set forth in this Agreement. Any copy of the Software and Documentation authorized to be made hereunder must contain the same proprietary notices that appear on and in the Software and Documentation. To the extent you provide any comments or suggestions to BizCrawlers, BizCrawlers shall have the right to retain and use any such comments or suggestions regarding the Software in current or future products or services, without further compensation to you or without your approval.
Multiple Environment Software/Multiple Language Software/Dual Media Software/Multiple Copies/Bundles/Updates
If the Software supports multiple platforms or languages, if you receive the Software on multiple media, if you otherwise receive multiple copies of the Software, or if you receive the Software bundled with other software, the total number of your Computers on which all versions of the Software are installed may not exceed the Permitted Key. If the Software is an Update to a previous version of the Software, you must possess a valid license to such previous version in order to Use the Update. You may continue to Use the previous version of the Software on your Computer after you receive the Update to assist you in the transition to the Update, provided that the Update and the previous version are installed on the same Computer; the previous version or copies thereof are not transferred to another Computer unless all copies of the Update are also transferred to such Computer, and you acknowledge that any obligation BizCrawlers may have to support the previous version of the Software ends upon availability of the Update.
You may not sell, lease, license, rent, loan, resell or otherwise transfer, with or without consideration, the Software. You may not reverse engineer, decompile, or disassemble the Software, except to the extent the foregoing restriction is expressly prohibited by applicable law. You may not modify, or create derivative works based upon, the Software in whole or in part. You may not copy the Software or Documentation except as expressly permitted herein above. You may not permit third parties to benefit from the use or functionality of the Software via a timesharing, service bureau or other arrangement. You may not remove any proprietary notices or labels on the Software. All rights not expressly set forth hereunder are reserved by BizCrawlers.
Warranty and Disclaimer
Limited Warranty. BizCrawlers warrants (manufacturer warranty) that for thirty (30) days from the date of original purchase the paid version of the Software will operate substantially in accordance with the Documentation (unless Software operation will be broken by any third parties software and/or services) and that the media (e.g., CD ROM), if any, on which the Software is contained and provided to you will be free from defects in materials and workmanship.
Customer Remedies. BizCrawlers?s and its suppliers entire liability and your exclusive remedy for any breach of the foregoing warranty shall be, at BizCrawlers?s option, either (i) return of the purchase price paid for the license, if any, or (ii) replacement of the defective media in which the Software is contained. You must return the defective media to your place of purchase at your expense with a copy of your receipt. This limited warranty is void if the defect has resulted from accident, abuse, or misapplication by you. Any replacement media will be warranted for the remainder of the original warranty period.
Warranty Disclaimer. Except for the limited warranty set forth herein, THE SOFTWARE IS PROVIDED "AS IS" AND BizCrawlers MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW, BizCrawlers, ITS SUPPLIERS, AND AUTHORIZED PARTNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY,INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. WITHOUT LIMITING THE FOREGOING PROVISIONS, BizCrawlers MAKES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL BizCrawlers, OR ITS AUTHORIZED PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR LOSS OF PROFITS, LOSS OF GOODWILL, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR NEGLIGENCE OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOSS OF DATA,COMPUTER FAILURE OR MALFUNCTION, OR FOR ANY OTHER DAMAGE OR LOSS. IN NO EVENT SHALL BizCrawlers, OR ITS AUTHORIZED PARTNERS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE PRICE PAID FOR THE SOFTWARE, IF ANY, EVEN IF BizCrawlers, OR ITS AUTHORIZED PARTNERS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. This limitation shall not apply to liability for death or personal injury to the extent that applicable law prohibits such limitation. Furthermore, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you. Nothing contained in this Agreement limits BizCrawlers?s liability to you for BizCrawlers?s gross negligence or for the tort of fraud. BizCrawlers is acting on behalf of its suppliers and Authorized Partners for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this Agreement, but in no other respects and for no other purpose. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.
Notice to United States Government End Users
The Software and accompanying Documentation are deemed to be "commercial computer software" and "commercial computer software documentation," respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, modification, reproduction, release, performance, display or disclosure of the Software and accompanying Documentation by the United States Government shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the terms of this Agreement.
High Risk Activities
The Software is not fault-tolerant and is not designed or intended for use in hazardous environments requiring fail-safe performance, including without limitation, in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons systems, direct life-support machines, or any other application in which the failure of the Software could lead directly to death, personal injury, or severe physical or property damage (collectively, "High Risk Activities"). BizCrawlers expressly disclaims any express or implied warranty of fitness for High Risk Activities.
This product may include some software programs that are licensed (or sublicensed) to the user under the GNU General Public License (GPL) or other similar free software licenses which, among other rights, permit the user to copy, modify and redistribute certain programs, or portions thereof, and have access to the source code (Open Source Software). The GPL requires that for any Open Source Software covered under the GPL, which is distributed to someone in an executable binary format, that the source code also be made available to those users. For any Open Source Software covered under the GPL, the source code is made available on this CD or download package. If any Open Source Software licenses require that BizCrawlers provide rights to use, copy or modify a Open Source Software program that are broader than the rights granted in this agreement, then such rights shall take precedence over the rights and restrictions herein.
This Agreement sets forth all rights for the user of the Software and Documentation and is the entire agreement between the parties. This Agreement supersedes any other communications, representations or advertising relating to the Software and Documentation. No provision hereof shall be deemed waived unless such waiver shall be in writing and signed by BizCrawlers. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
BizCrawlers Customer Contact
If you have any questions concerning these terms and conditions, or if you would like to contact BizCrawlers for any other reason, please email: info@CopartCrawler.com or visit http://www.CopartCrawler.com.