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"Affiliate Link Cloaker" Software License. By purchasing, downloading and using the software, you agree to be bound by the following license agreement. End User Software License
Agreement PRIOR
TO USING THIS SOFTWARE YOU MUST AGREE TO THE TERMS AND CONDITIONS OF
THIS LICENSE. READ
THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS
SOFTWARE. USING THIS
SOFTWARE INDICATES YOUR
ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH
THESE TERMS AND CONDITIONS, PROMPTLY RETURN THIS SOFTWARE UNUSED TO
YOUR SUPPLIER AND YOUR MONEY WILL BE REFUNDED.
1.
License
1.1. In this license agreement (License Agreement), you, the
purchaser of the license rights granted by this Agreement, are
referred to as "Licensee" or "You." In
accordance with the terms and conditions of this License Agreement,
Guaranteed Response Marketing, LLC (Licensor) grants Licensee the
nonexclusive license to use the accompanying software (Software) and
documentation (Documentation) only in the country where acquired
from your supplier (Supplier). In this License Agreement, the
Software and Documentation and any copies or modifications are
referred to as the "Licensed Product."
1.2. All rights to and in the Licensed Product, including,
but not limited to, copyrights and trade secret rights, belong to
Licensor and Licensor holds title to each copy of the Software. The
Software shall only be used on a single computer at one time.
Licensee shall not transfer or distribute the Licensed Product to
others, and this Agreement shall automatically terminate in the
event of such a transfer or distribution. Licensee shall not copy or
modify the Licensed Product, except that Licensee may copy the
Software for the sole purpose of backup as long as all copyright and
other notices are reproduced and included on the backup copy. 2.
Term This
License Agreement is effective until terminated. Licensee may
terminate this License Agreement by promptly returning the Licensed
Product to Licensor. Licensor may terminate this License Agreement
if Licensee breaches any of the terms and conditions. Upon
termination of this License Agreement for any reason, Licensee shall
return the Licensed Product to Licensor. All provisions of this
Agreement relating to disclaimers of warranties, limitation of
liability, remedies, or damages, and Licensor's proprietary rights
shall survive termination. 3.
Object Code The
Software is delivered in object code only. Licensee shall not
reverse compile or otherwise reverse engineer the Software. 4.
Limited Warranty
4.1. Licensor does not warrant that the functions contained
in the Licensed Product will meet Licensee's requirements or that
the operation of the Software will be uninterrupted or error free.
Licensor does warrant that the media on which the Software is
furnished will be free from defects in materials and workmanship
under normal use for a period of thirty (30) days from the date of
delivery (Warranty Period). Any other software and any hardware
furnished with or accompanying the Software is not warranted by
Licensor. Licensee's exclusive remedy under this limited warranty is
the replacement of any defective physical media on which the
Software is furnished, as provided below. To receive a replacement
for defective media under this limited warranty, return the
defective media to Supplier during the Warranty Period, with proof
of payment.
4.2. EXCEPT AS PROVIDED ABOVE, THE LICENSED PRODUCT IS
PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE
LICENSED PRODUCT IS WITH LICENSEE. 5.
Limitation of Liability LICENSOR'S
SOLE OBLIGATION OR LIABILITY UNDER THIS AGREEMENT IS THE REPLACEMENT
OF DEFECTIVE MEDIA ACCORDING TO THE LIMITED WARRANTY ABOVE. IN NO
EVENT SHALL LICENSOR BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR
INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA,
OR LOSS OF PROFITS OR LOST SAVINGS, ARISING OUT OF USE OF OR
INABILITY TO USE THE SOFTWARE OR DOCUMENTATION, EVEN IF LICENSOR HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY
ANY THIRD PARTY. IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY
DAMAGES. SOME JURISDICTIONS DO NOT ALLOW
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT
APPLY TO YOU. 6.
General Any
software provided to Licensee by Licensor shall not be exported or
re-exported in violation of any export provisions of the United
States or any other applicable jurisdiction. Any attempt to
sublicense, assign or transfer any of the rights, duties or
obligations hereunder is void. This
Agreement shall be governed pursuant to and interpreted under the
laws of the County, State and Country of the Licensor, which is
Lightfoot, Virginia, U.S.A., without regard to conflicts of law
provisions, and any dispute arising under this Agreement shall be
resolved solely in the Courts of the State and Country of the
Licensor, which is Lightfoot, Virginia, U.S.A., including the
federal courts therein, with each party submitting to the
jurisdiction and venue of such court and the Licensee designating
itself, as its agent for service of process in any such action.
The Licensee agrees to accept any and all notice or notices,
including but not limited to, service of legal documents, process
and pleadings, by mail, and hereby waives any jurisdictional or
venue defenses otherwise available to it. If for any reason a court of
competent jurisdiction finds any provision of this License or
portion thereof, to be unenforceable, that provision of the License
shall be enforced to the maximum extent permissible so as to effect
the intent of the parties, and the remainder of this License shall
continue in full force and effect. 7.
Government End Users. If you are acquiring the Software on
behalf of any unit or agency of the United States Government, the
following provisions apply. The Government agrees:
(i) if the Software is supplied to the Department of Defense
(DoD), the Software is classified as "Commercial Computer
Software" and the Government is acquiring only "restricted
rights" in the Software and its documentation as that term is
defined in Clause 252.227-7013(c)(1) of the DFARS; and
(ii) if the Software is supplied to any unit or agency of the
United States Government other than DoD, the Government's rights in
the Software and its documentation will be as defined in Clause
52.227-19(c)(2) of the FAR or, in the case of NASA, in Clause
18-52.227-86(d) of the NASA Supplement to the FAR. In
the case of the United States Government or an agency thereof as
Licensee, the following additional terms apply: Restricted Computer
Software, as defined in the Rights in Data-General clause at Federal
Acquisition Regulations 52.227-14; and the following legend, as
applicable: RESTRICTED
RIGHTS LEGEND Use,
duplication, or disclosure by the Government is subject to
restrictions as set forth in subparagraph (c)(1)(ii) of the Rights
in Technical Data and Computer Software clause at DFARS
252.227-7013. Licensor
Guaranteed Response Marketing, LLC, Lightfoot, Virginia LICENSEE
ACKNOWLEDGES THAT IT HAS READ AND UNDERSTANDS THIS AGREEMENT AND
AGREES TO BE BOUND BY ITS TERMS. LICENSEE FURTHER AGREES THAT THIS
AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT
BETWEEN LICENSEE AND LICENSOR, AND SUPERCEDES ANY PROPOSAL OR PRIOR
AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO
THE SUBJECT MATTER OF THIS AGREEMENT. Upon using the Software, the user is agreeing with ALL the above statements. Ó 2003 InternetMarketingLawProducts.com
– This Agreement Is Licensed To |
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Guaranteed Response Marketing, LLC
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