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- End-User License Agreement
-
- Please read this agreement carefully before using Advanced Web Ranking. By
- installing and using our software, you acknowledge that you have read this
- agreement, understand it and agree to be bound by its terms and conditions.
-
- This Advanced Web Ranking End-User License Agreement ("Agreement") is a legal
- agreement between you (either an individual or a single entity known as
- "Customer") and Caphyon Ltd., which owns a proprietary computer software
- (collectively known as "Advanced Web Ranking" or "Software"). By installing,
- copying, or otherwise using the Software or any Software Updates, Customer
- agrees to be bound by the terms of this Agreement. If Customer does not agree to
- the terms of this Agreement, do not install, copy, or use the Software,
- including all Software Updates that Customer received as part of the Software
- (each, an "Update").
-
- By installing, copying, or otherwise using an Update, Customer agrees to be
- bound by the additional license terms that accompany such Update. If Customer
- does not agree to the terms of the additional license terms that accompany the
- Update, disregard the Update and the additional license terms that accompany the
- Update. In this event, Customer's rights to use the Software shall continue to
- be governed by the then-existing Agreement.
-
-
- 1. Copyright
-
- All title and copyrights in and to the Software (including but not limited to
- any software components, product documentation and associated media, sample
- files, extension files, tools and utilities, miscellaneous technical
- information, collectively referred to herein as the "Software"), and any copies
- of the Software, are owned by Caphyon Ltd. The Software is protected by US
- copyright laws and international treaty provisions. Therefore, you must treat
- the Software like any other copyrighted material, except that Customer may
- either (i) make one copy of the Software solely for backup or archival purposes,
- provided Customer reproduces and includes Caphyon Ltd.'s copyright and
- trademark notices contained on the original disk labels on such backup copy, or
- (ii) transfer the Software to a hard disk, provided Customer keeps the original
- solely for backup and archival purposes. The Software is licensed, not sold.
-
-
- 2. Grant of License
-
- a. Caphyon Ltd. grants Customer a 15 day free trial license for testing
- purposes only. After 15 days, Customer must buy the Software or cease using it
- altogether.
-
- b. Caphyon Ltd. grants Customer a non-exclusive license to use the Advanced
- Web Ranking computer software.
-
- c. Advanced Web Ranking shall be deemed accepted by Customer upon payment of the
- Software by Customer.
-
-
- 3. Other Restrictions
-
- a. The Software is the sole and exclusive property of Caphyon Ltd.,
- including all applicable rights to patents, copyrights, trademarks and trade
- secrets and is provided for Customer's exclusive use for the purposes of this
- Agreement and will be held in confidence.
-
- b. Customer will not remove any designation mark from any supplied material that
- identifies such material as belonging to or developed by Caphyon Ltd.
- Customer agrees not to disassemble, decompile, reverse engineer or otherwise
- reduce the Software to perceptible form.
-
- c. Customer may not rent, lease, or sub license the Software.
-
- d. Customer may not install and run the Software from a network server, or use
- the Software on different computers, unless the user on all computers is the
- same.
-
- e. Customer may permanently transfer all of Customer's rights under this
- Agreement, provided Customer retains no copies, Customer transfers all of the
- Software (including all component parts, the media and printed materials, any
- upgrades, and this Agreement), Customer provides Caphyon Ltd. notice of
- Customer's name, company, and address and the name, company, and address of the
- person to whom Customer is transferring the rights granted herein, and the
- recipient agrees to the terms of this Agreement and pays to Caphyon Ltd. a
- transfer fee in an amount to be determined by Caphyon Ltd. and in effect at
- the time in question. If the Software is an upgrade, any transfer must include
- all prior versions of the Software. If the Software is received as part of a
- subscription, any transfer must include all prior deliverables of Software and
- all other subscription deliverables. Upon such transfer, Customer's license
- under this Agreement is automatically terminated.
-
- f. Customer may use or transfer the Updates to the Software only in conjunction
- with Customer's then-existing Software. The Software and all Updates are
- licensed as a single product and the Updates may not be separated from the
- Software for use at any time.
-
- g. We cannot guarantee that the Software will work for all times. If you change
- your operating system, the software may not work anymore. We cannot guarantee
- the support of special search engines in the Software. The removal of one or
- more special search engines is no reason for a refund.
-
- h. All title and intellectual property rights in and to the content which may be
- accessed through use of the Software are the property of the respective content
- owner and may be protected by applicable copyright or other intellectual
- property laws and treaties. This Agreement grants you no rights to use such
- content.
-
- i. Customer must make sure that it is legal to use the software in Customer's
- country or jurisdiction with the supported search engines. Caphyon Ltd. only
- provides a license to the software. It's the customers responsibility to make
- sure that Customer is allowed to use the software with the supported search
- engines.
-
- j. Some search engines may not allow Internet access through automated software.
- It's the sole responsibility of the Customer to make sure that Customer doesn't
- use these search engines with the Software. Customer must read the terms and
- conditions of those search engines that Customer intends to use with the
- Software prior using them with the Software. If the search engine does not allow
- the use of automated software in Customer's country, Customer must not use the
- corresponding search engine with the Software. Search engines can change their
- terms and conditions at any time so it's the sole responsibility of the Customer
- to check them regularly before using the Software.
-
- k. All trademarks are owned by their respective holders.
-
-
- 4. Termination
-
- Without prejudice to any other rights, Caphyon Ltd. may terminate this
- Agreement if Customer fails to comply with the terms and conditions of this
- Agreement. In such event, Customer must destroy all copies of the Software in
- any form and all of its component parts.
-
-
- 5. Disclaimer of Warranty
-
- a. NO WARRANTIES. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Caphyon Ltd. DISCLAIMS
- ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
- WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY
- WARRANTY AGAINST INFRINGEMENT, WITH REGARD TO THE SOFTWARE. IF THE SEARCH
- ENGINES CHANGE THEIR FORMAT, THE APPLICATION MAY NOT WORK. THIS LIMITED WARRANTY
- GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM
- STATE/JURISDICTION TO STATE/JURISDICTION.
-
- b. NO LIABILITY FOR DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
- IN NO EVENT SHALL Caphyon Ltd. BE LIABLE FOR ANY DAMAGES WHATSOEVER
- (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
- INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING
- OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF Caphyon Ltd. HAS
- BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME
- STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
- CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
-
- c. Caphyon Ltd. SHALL BE RELIEVED OF ANY AND ALL OBLIGATIONS WITH RESPECT TO
- THIS SECTION FOR ANY PORTIONS OF THE SOFTWARE THAT ARE REVISED, CHANGED,
- MODIFIED, OR MAINTAINED BY ANYONE OTHER THAN Caphyon Ltd.
-
-
- 6. Additional Copyright information about "JFreeChart" and "JFreeReport"
-
- Portions of this software are Copyright (c) 2000-2003, by Simba Management
- Limited. http://www.jfree.org/
-
- JFreeChart is licensed under the terms of the GNU Lesser General Public Licence
- (LGPL). For more information about the LGPL, please refer to the Free Software
- Foundation website (http://www.gnu.org/).
-
- The latest version of the JFreeChart library can be obtained from:
- http://www.jfree.org/jfreechart/index.html
-
- JFreeReport is a free Java report library, distributed under the terms
- of the GNU Lesser General Public License. JFreeReport is developed by
- Thomas Morgner, David Gilbert and others. For more information about
- the LGPL, please refer to the Free Software Foundation website
- (http://www.gnu.org/).
-
- The latest version of the JFreeReport library can be obtained from:
- http://www.jfree.org/jfreereport/index.html
-
-
- 7. Governing Law
-
- This Agreement shall be construed and the legal relation between the parties
- determined in accordance with US law.
-
- CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAS READ THIS AGREEMENT, UNDERSTAND IT AND
- AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. CUSTOMER FURTHER AGREES THAT IT
- IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN CUSTOMER AND
- Caphyon Ltd. WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR
- WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN CUSTOMER AND Caphyon Ltd.
- RELATING TO THE SOFTWARE. This Agreement may not be modified except by a writing
- signed by a duly authorized representative of Caphyon Ltd.
-
- Copyright (c) 2002-2004 Caphyon Ltd.
-