IMPORTANT - READ CAREFULLY Please read the following license agreement. You must agree to its terms before purchasing a license for Stilesoft NetCaptor or Downloading any version of Stilesoft NetCaptor.
This end-user license agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Stilesoft Inc. for Stilesoft NetCaptor v6.0, including computer software, electronic documentation and printed materials ("SOFTWARE"). By Downloading, installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this agreement. If you do not agree to the terms of this EULA, promptly destroy all copies of the SOFTWARE, including any updates, in your possession or return them to Stilesoft Inc.
The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold.
1. GRANT OF LICENSE. Stilesoft Inc. grants to you as an individual, a personal, nonexclusive license to make and use copies of the SOFTWARE in the manner provided below. If you are an entity, Stilesoft Inc. grants you the right to designate one individual within your organization to have the right to use the SOFTWARE in the manner provided below.
Stilesoft Inc. may have patents or pending patent applications, trademarks, copyrights, or other intellectual property rights covering the SOFTWARE. You are not granted any license to these patents, trademarks, copyrights, or other intellectual property rights except as expressly provided herein. Stilesoft Inc. reserves all rights not expressly granted.
Stilesoft Inc. reserves the right to terminate this license at any time, at which time you must destroy all copies of the Software you have previously installed.
2. COPYRIGHT. All title and copyrights in and to the SOFTWARE (including, but not limited to, any images, photographs, animation, video, audio, music, text, and "applets," incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, are owned by Stilesoft Inc. and its suppliers. The SOFTWARE is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material except that you may either (a) make one copy of the SOFTWARE solely for backup or archival purposes, or (b) install the SOFTWARE on a single computer provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the SOFTWARE.
3. EXPORT RESTRICTIONS. You agree that neither you nor your customers intend to or will, directly or indirectly, export or transmit the SOFTWARE PRODUCT or related documentation and technical data (or any part thereof), or process, or service that is the direct product of the SOFTWARE PRODUCT to any country to which such export or transmission is restricted by any applicable U.S. Regulation or statute, without the prior written consent, if required, of the Bureau of Export Administration of the U.S. Department of Commerce, or such other governmental entity as may have jurisdiction over such export or transmission.
4. DISCLAIMER OF WARRANTY
NO WARRANTIES. The SOFTWARE PRODUCT is provided "as is" without warranty of any kind. To the maximum extent permitted by applicable law, Stilesoft Inc. and its suppliers disclaim all warranties, either express 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. This limited warranty gives you specific legal rights. You may have others that vary from state/jurisdiction to state/jurisdiction.
5. CUSTOMER REMEDIES. Stilesoft Inc.'s entire liability and your exclusive remedy shall not exceed the price paid for the SOFTWARE.
6. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law, in no event shall Stilesoft Inc. or its suppliers 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 of or inability to use this Stilesoft Inc. product, even if Aureate Media 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.
If you acquired this product in the United States, this Agreement is governed by the laws of the State of California. If you acquired this product outside the United States, local law may apply. Should you have any questions concerning this Agreement, please contact Stilesoft Inc.
WEB3000 END USER LICENSE AGREEMENT (Free Version Only)
Terms of Service. Use Of Collected Information.
PLEASE NOTE: BY ACCEPTING THIS AGREEMENT, YOU ARE ALLOWING WEB3000.COM TO USE CERTAIN INFORMATION OF YOURS, ALL AS DESCRIBED IN THIS SECTION 10
Basic Contact Information: During registration, Web3000.com and Stilesoft collect ìBasic Contact Information.î Basic Contact Information means name, email address, gender, age group, country, operating system, browser type last used, and if purchases have been made on the net. This Basic Contact Information is stored on Web3000.com servers.
Your Personal Information: Your ìPersonal Informationî is optional and is stored locally on your computer in an encrypted file. Personal Information consists of items such as your name, address, telephone number, fax number, and credit card number. To the extent Stilesoft or Web3000.com may access this Personal Information, neither Web3000.com nor Stilesoft will transmit this Personal Information voluntarily to any third party without your express prior consent. You access and utilize your Personal Information when you fill out an online form with the Software and you provide it to an on-line merchant or a website. THIS PERSONAL INFORMATION REMAINS IN YOUR FULL CONTROL, AND YOU CHOOSE THE EXTENT AND SUBSTANCE OF THE REVELATION OF THIS INFORMATION TO THE WEBSITES THAT YOU VISIT.
Web3000.com and Stilesoft may, on occasion, use your IP address to help diagnose problems with our server and to administer their respective websites.
Multiple users on the same terminal may use the Software and related services. You are protected from the disclosure of your Personal Information by your password. You are responsible for the control of your password and access to your Personal Information. If you share your password with others, intentionally or inadvertently, they may be able to access your Personal Information. If you do not wish to share your password with others, it is your responsibility to ensure the password option is set to require each user to enter a password before using the Software or Services.
Use of Basic and Personal Aggregate Information. Web3000.com and Stilesoft may provide aggregate statistics about customers such as your traffic patterns, and related site information to reputable third-party vendors in order for Web3000.com and Stilesoft to obtain valuable promotional offers to provide to you.
In order to provide this service, Web3000.com and Stilesoft collect information on your web usage that remains anonymous to third parties. Web3000.com and Stilesoft may derive personal preference profiles from your Personal Information and web usage. NEITHER WEB3000.COM NOR Stilesoft WILL VOLUNTARILY DISCLOSE, SELL OR TRADE YOUR PERSONAL INFORMATION TO ANY THIRD PARTY WITHOUT YOUR PRIOR CONSENT.
Without revealing your Personal Information to third parties, Web3000.com and Stilesoft will seek out high-value offers and great deals from commercial partners and advertisers that match your interests. Web3000.com and Stilesoft will provide this service to you via email, Ad Network splash screens, Web3000 Browser Headline, or through other instruments of Stilesoft or Web3000.com.
Cancellation Of Service. You may cancel the service from Stilesoft at any time by sending an email to Stilesoft as detailed in this Agreement or on the Stilesoft website. You may cancel the email service from Web3000.com at any time by unsubscribing your registered email address by visiting http://www.web3000.com/support/unsubscribe.asp. You may cancel of the email service from Stilesoft at any time by unsubscribing your registered email address by emailing Stilesoft.
IMPORTANT: READ THIS CAREFULLY BEFORE DOWNLOADING AND USING THE SOFTWARE.
This is a legal agreement between you the end user ("Licensee") and flyswat, Inc. ("flyswat"). By clicking on the "ACCEPT" button, you are agreeing to become a party to and be bound by the terms of this Flyswat End User License Agreement ("Agreement"). If you do not wish to become a party to and be bound by all the terms of the Agreement, click on the "CANCEL" button. All questions concerning the Agreement should be directed to: flyswat, Inc., Attn: Licensing, 75 Hawthorne St., Third Floor, San Francisco, CA 94105.
1. DEFINITIONS
If an arrow sign appears to the right of a link type in the pop-up menu, it indicates that multiple destination sites are available for that link type. Click on the arrow to view the available sites, or just click on the link type to go to the first choice.
1.1 "Software" means the object code version of flyswat's "flyswat" software provided to Licensee in connection with this Agreement, and shall also include any updates, improvements, or modifications hereinafter furnished to Licensee by flyswat, whether requested by Licensee or initiated by flyswat. It is understood that the provision of any such updates, improvements, or modifications shall be at flyswat's sole discretion and may be subject to fees and/or additional terms and conditions.
1.2 "Navigation Services" means the services provided by flyswat to Licensee in conjunction with the use of the Software by the Licensee by which flyswat provides Internet links and certain other Internet navigation functions.
1.3 "Install" means to use the installation program provided as part of the Software to install portions of the Software onto Licensee's computer system on Licensee's premises for subsequent use by Licensee.
2. LICENSE GRANT
2.1 License Grant. Subject to the terms and conditions of this Agreement, flyswat grants to Licensee a non-exclusive, non-transferable license to:(i) Install the Software on a single computer for use with a single CPU; and (ii) to use the Software, in object code form only, on such computer.
2.2 License Restrictions. Licensee shall not and shall not permit any other party to: (i) modify, translate, reverse engineer, decompile, disassemble, or otherwise reduce the Software to human perceivable form except to the extent that such activities may not be prohibited under applicable law; (ii) copy (except as expressly authorized under this Agreement); (iii) transfer, lease, loan, sublicense, resell, distribute, or otherwise grant any rights in the Software in any form to any third party, including any commercial time-sharing, rental, outsourcing, or service bureau use; or (iv) write or develop any derivative works of the Software. All rights not specifically granted to Licensee herein are reserved to flyswat. All trademark, trade name, copyright, and other proprietary rights notices or legends appearing on or in the Software shall not be removed or altered and shall be accurately reproduced by Licensee on any copies to the extent Licensee is permitted to make such copies.
2.3 Navigation Services. The Software is intended for use by Licensee in conjunction with flyswat's Navigation Services. Flyswat reserves the right to terminate the provision of Navigation Services at any time, for any reason. Upon termination of Navigation Services, Licensee's license to use the Software set forth in this Section 2 shall also terminate. Flyswat shall not be liable for any injury, loss, or damages of any kind to Licensee resulting from the termination of such Navigation Services.
2.4 Ownership. All right, title, and interest, including all intellectual property rights, in and to the Software and Navigation Services shall remain with flyswat. Licensee acknowledges that the licenses granted under this Agreement do not provide Licensee with title or ownership of the Software, Software copy, or Navigation Services, but only a limited right of use.
3. USE OF DATA. Use of the Software and Navigation Services by Licensee results in the generation of certain usage and site data by Licensee. This data does not include any personal data by which Licensee may be identified. Licensee grants flyswat the right to record such data and to use the data solely in aggregate form. If Licensee does not wish to grant flyswat such rights, Licensee may opt-out of this provision after installation by (1) clicking on the "Help" icon provided in the Software, (2) clicking on "Settings," and (3) selecting "Disable Customizations."
4. TERM AND TERMINATION
4.1 Term. This Agreement shall remain in effect perpetually unless terminated as provided below.
4.2 Termination. This Agreement shall automatically terminate in the event of unauthorized distribution, copying, use, or modification of the Software by Licensee. flyswat may terminate this Agreement at any time upon notification to Licensee or termination of Navigation Services, and Licensee may terminate the Agreement at any time by destroying or erasing any and all copies of the Software in Licensee's possession.
4.3 Effect of Termination. Upon termination of this Agreement, the rights and licenses granted to Licensee under this Agreement shall immediately terminate. Licensee shall immediately destroy or erase all copies of the Software in Licensee's p ossession. Sections2.4, 4, 5, 6, 7, 8, and 9 shall survive termination of this Agreement for any reason.
5. DISCLAIMERS
5.1 Software Warranty Disclaimer. THE SOFTWARE IS PROVIDED TO LICENSEE FREE OF CHARGE "AS IS." FLYSWAT MAKES NO PROMISES, REPRESENTATIONS, OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SOFTWARE, AND FLYSWAT SPECIFICALLY DISCLAIMS ALL WARRANTIES OF MERCHANT ABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. FLYSWAT DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.
5.2 Data and Content Disclaimer. Use of the Software and Navigation Services results in the provision of Internet links to sites controlled and provided by third parties. All data and content provided through or available on such sites is the property of such data or content owner and are subject to copyright and other restrictions imposed by such sites or the content owners. Flyswat does not own, control, manage, or supervise such data, content, or third party sites. FLYSWAT MAKES NO PROMISES, REPRESENTATIONS, OR WARRANTIES, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO SUCH DATA AND CONTENT, AND FLYSWAT SPECIFICALLY DISCLAIMSANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF INFORMATION, PRODUCTS, OR SERVICES, AND ANY WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LICENSEE'S USE OF AND RELIANCE ON ANY SUCH DATA AND CONTENT IS AT ITS OWN RISK ANDEXPENSE.
5.3 High Risk Activities. THE SOFTWARE IS NOT FAULT-TOLERANT AND IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR RESALE AS ON-LINE CONTROL EQUIPMENTIN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGES ("HIGH RISK ACTIVITIES"). ACCORDINGLY, FLYSWAT SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.
6. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL FLYSWAT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER, ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT. SUCH LIMITATION ON DAMAGES INCLUDES, BUT IS NOT LIMITED TO, BUSINESS DISRUPTION, LOSS OF DATA OR COST OF COVER, OR DAMAGE TO SYSTEMS AND DATA, REGARDLESS OF THE LEGALTHEORY ON WHICH THE CLAIM IS BROUGHT, EVEN IF FLYSWAT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR IF SUCH DAMAGE COULD HAVE BEEN REASONABLY FORESEEN.
7. U.S. GOVERNMENT RIGHTS. The Software is deemed to be "commercial computer software" and/or "commercial computer software documentation" pursuant to DFAR Section 227.7202 and FAR Section 12.212 as applicable. Any use, duplication, reproduction, release, modification, disclosure, performance, display, or transfer by the U.S. Government shall be governed solely by, and prohibited, except as expressly permitted under the terms of this Agreement.
8. EXPORT. Flyswat is subject to, and Licensee warrants that it will comply with, regulations of agencies of the U.S. Government regarding export and re- export restrictions on the Software, including, but not limited to, the Export Administration Regulations of the U.S. Department of Commerce, which prohibit export or diversion of certain technical products to certain countries.
9. GENERAL. Licensee may not assign this Agreement or any rights or obligations hereunder, directly or indirectly by operation of law or otherwise, without the prior written consent of flyswat. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement shall remain in full force and effect. This Agreement shall not be governed by the 1980 United Nations Convention on Contracts for the International Sale of Goods; rather this Agreement shall be governed by the laws of the State of California, without reference to conflict of laws principles. This Agreement represents the entire understanding and agreement of the parties regarding the subject matter hereof and may only be modified in writing signed by an authorized representative of flyswat.
