This legal document is an Agreement between you, the end user, and eGrabber (THE COMPANY). By installing this software, you are agreeing to become bound by the terms of this agreement, which includes a software license and disclaimer of warranty.
The exact terms of agreement changes by product. Please read the End-User License Agreement that comes with the product version or software service that you purchase. THE COMPANY reserves the right to update the terms of this agreement at any time without notice to you. The most current version of this agreement can be reviewed by clicking on the "Terms of Use (Legal Info)" hypertext link located at the bottom of THE COMPANY's Web pages.
This agreement constitutes the complete agreement between you and the company. If you do not agree to the terms of this agreement, do not install the software. Promptly return the package and the other items that are part of this product to the place where you obtained them for a full refund.
1. GRANT OF LICENSE - THE COMPANY grants to you, the licensee, a royalty free non-exclusive right to use this copy of computer program (the "Software") with the terms set forth in this document.
2. OWNERSHIP OF SOFTWARE - THE COMPANY retains title and ownership of the software recorded on the original media and all subsequent copies of the software.
3. COPY RESTRICTIONS - The software and accompanying written materials are copyrighted. Unauthorized copying of any part of the software or of any accompanying written material is expressly forbidden. However, you may make one copy of the software for your personal backup purposes. You are not permitted to make any copy of the printed material accompanying the software.
4. BACKUP THIS SOFTWARE - IT IS YOUR RESPONSIBILITY TO MAINTAIN A BACKUP COPY OF THIS SOFTWARE ON ANOTHER PC OR ON A CD, FOR USE IN THE EVENT OF CATASTROPHIC LOSS SUCH AS HARD DISK CRASH OR LOSS OF YOUR WORKING PC IN ANY OTHER MANNER.
As a courtesy, THE COMPANY will maintain links to download our software that were sold in the past 365 days on THE COMPANY’S support web page. If the version of software you purchased is not on the support web page, you will be able to purchase the latest version at the published upgrade price for the software, after you provide proof of owner of the original software.
5. TRANSFER RESTRICTIONS - This software is licensed only to you, and you agree that you will not transfer, rent, loan, sub-license or host the software without the prior written consent of THE COMPANY.
You may only make a one-time permanent transfer of the software in its entirety to another end user, provided you retain no copies and you transfer all of the software product including all component parts, media and printed materials, upgrades, this license agreement AND the recipient agrees to the terms of this license agreement.
6. TERMINATION - The License is effective until terminated. The License will terminate automatically without notice from THE COMPANY if you fail to comply with any provision of this license. Upon termination, you must destroy the accompanying written materials and all copies of software.
7. DISCLAIMER OF WARRANTY - THE COMPANY does not warrant that functions contained in the software will meet your requirements, or will operate in combinations which may be selected for use by you, or that the operation of the software will be uninterrupted or error free, or that any defects that may exist in the Software will be corrected. Errors may exist in the software.
8. REVERSE ENGINEERING - You may not yourself or through a third party reverse engineer, decompile or disassemble the software except, and only to the extent such activity is expressly permitted by applicable laws notwithstanding this limitation.
9. PARTIAL USE - This software may not be used in whole or in part to enhance, create or otherwise assist in the development of a similar competitive product without express written consent from THE COMPANY.
10. UPGRADE - If this software is issued as an upgrade, you must be properly licensed to use the product identified by THE COMPANY as being eligible for the upgrade. Following the upgrade, you may use the resulting upgraded software only in accordance with this license agreement and you may not sell or re-use the upgraded product or the original product.
11. UPDATES - Certain components of this Software requires to be updated automatically from time to time due to changes in Address formats and Webpage formats which are not within eGrabber's control. You shall have the right to obtain Component Update(s) free of cost only for 90 Days. However, You can purchase subscription to Component update(s) for additional fee after the free period of 90 Days to continue receiving such updates, but for the subscribed period only. This License does not otherwise permit the licensee to obtain and use Component Updates.
12. RESERVATION OF RIGHTS - THE COMPANY reserves all rights not expressly granted to you in this license agreement.
13. LICENSE KEY - You may not disclose to any other person or organization your license key. You agree to store it and keep it confidential and to notify THE COMPANY immediately if you have any reason to believe.
14. LICENSE KEY REGISTRATION - There are technological measures in this Software that are designed to prevent unlicensed or illegal use of the Software. You agree that THE COMPANY may use these measures to protect against software piracy. This Software may contain enforcement technology that limits the ability to use the Software on multiple computers. This Agreement and the Software containing enforcement technology require license key registration as further set forth during installation and in the Documentation.
15. HOSTING - You may install the software on ONLY ONE PC at any given point of time and you may not permit or enable other individuals to use the software over a public access network of any kind including, but not limited to, Internet, intranet, bulletin boards, phone or mobile; unless you receive specific written consent to do so from THE COMPANY.
16. CONSENT TO USE OF DATA: You agree that THE COMPANY may collect and use data related to the Software, if any, gathered from your computer as part of the product support services provided to you. THE COMPANY may use this information solely to improve the products or to provide customized services or technologies to you and will not disclose this information in any form.
17. RESTRICTIONS ON USE - You may not sell information captured using this software or reproduce, display, publicly perform, distribute, or otherwise use the captured information in any way for any public or commercial purpose. The use of the captured data on any other web site or in a networked computer environment for any purpose is prohibited. This license explicitly prohibits captured data from being placed on a server for access to others outside the company. This License explicitly prohibits re-broadcasting or sale of the captured data in any form. This license is not for use by Service providers to provide data extraction services to multiple clients using the same license key. The captured data should be for company's internal use only. This License permits the use of the software only by the end user to extract data by their company or one end client for the purpose of using the extracted data by the company.
18. PIRATING OF DATA IS PROHIBITED - Some third party web sites and portals prohibit the use of automated capture tools like this software to capture data, and other sites place restrictions on how captured data can be used. This agreement expressly prohibits the use of this software to capture data from such third party web sites and documents, as well as using such captured data in a manner where it is illegal to do so. THE COMPANY can offer you no opinions on the legality of capturing any data, even if capability to capture such data is included in this software. It is your responsibility to make sure you have the relevant rights to capture and store the data the way you plan to, before using this software.
19. DISCLAIMER - THE COMPANY is not affiliated or connected in any manner to any third party web sites, including but not restricted to, online directories, listings, job boards, yellow pages and white pages. THE COMPANY recommends you to read license agreements of these third party web sites and ensure you do not violate any Government Laws or rules of the third party web sites before using the software. You agree that THE COMPANY is not responsible for any such violations committed by you using the software.
DO NOT USE THE SOFTWARE IN ANY CASE WHERE SIGNIFICANT DAMAGE OR INJURY TO PERSONS, PROPERTY OR BUSINESS MAY HAPPEN IF AN ERROR OCCURS, YOU EXPRESSLY ASSUME ALL RISK FOR SUCH USE.
THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE COMPANY DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULT OF THE USE, OF THE SOFTWARE OR WRITTEN MATERIALS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS, QUALITY AND PERFORMANCE OF THE SOFTWARE. IF THE SOFTWARE OR WRITTEN MATERIALS ARE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR OR CORRECTION.
THE COMPANY MAKES NO WARRANTIES OF ANY KIND, EXPRESSES OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS PRODUCT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
NEITHER THE COMPANY NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS PRODUCT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGE FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS PRODUCT, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states do not allow limitations on how long an implied warranty lasts, or exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights, which may vary, from state to state.
20 a. LIMITATION ON SUIT - You agree that any suit or other legal action or any arbitration relating in any way to this Agreement or to the software MUST be officially filed or officially commenced no later than ONE (1) YEAR after the software is received by you.
20 b. LIMITATION OF LIABILITY - IN NO EVENT WILL THE COMPANY OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS, OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A COMPANY REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. THE COMPANY'S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE.
21. GOVERNING LAW AND FORUM - All disputes arising out of, under, or related to this Agreement will be brought exclusively in the state or federal courts located in Santa Clara County, California, USA.
22. COMPLETE AGREEMENT - This Agreement is the complete software license agreement between you and THE COMPANY, and supersedes all prior negotiations, agreements, and understandings concerning its subject matter. The interpretation of this Agreement may not be explained or supplemented by any course of dealing or performance, or by usage of trade.
If you have any questions concerning this Agreement, or if you desire to contact THE COMPANY for any reason, please contact in writing.
eGrabber Inc.
1340 S. De Anza Blvd., Suite #106
San Jose, CA 95129
USA
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