End-User License Agreement
Popup Assassin Pro(tm)
Software License Agreement
Copyright (c) 2004 OreWare.com, Inc. All Rights Reserved
As part of the installation process, you will be asked to accept the terms of this Software License Agreement (the "Agreement"). This Agreement is a legal contract that specifies the terms of the license and warranty and liability limitations between you and OreWare.com, Inc. ("OreWare.com") for the
Popup Assassin ProÙ Software (the "Software") and related documentation. You should carefully read the following terms and conditions before installing or using the Software. Unless you have entered into a separate written license agreement signed by OreWare.com providing otherwise, installation or use of the Software confirms your acceptance of the Software and indicates your agreement to be bound by these terms and conditions. If you do not agree to these terms, promptly delete and destroy all copies of the Software and related documentation in your possession. Upon your certification to OreWare.com that you have not used the Software and the related documentation, that you do not accept this license agreement and that you have deleted and destroyed all copies of the Software and related documentation, you may request a cancellation of the service. OreWare.comÒs willingness to license you the Software is expressly conditioned on your acceptance of all of the terms of this Software License Agreement.
Versions of the Software
The Popup Assassin Pro Software is available in a commercial and an evaluation version. Both the commercial and the evaluation versions of the Software are subject to the terms and conditions of this Agreement. The commercial version of the Software requires payment by you of a license fee as part of the service. The evaluation version of the Software is the only version that is provided without charge. The evaluation version is not free Software and is subject to the restrictions set forth below.
UPON ORDERING, DOWNLOADING, INSTALLING OR USING ANY VERSION OF THE SOFTWARE, YOU ARE REAFFIRMING THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
License to Use
OreWare.com grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to use one copy of the Software either (1) by a single person who uses the Software personally on one or more computers, or (2) by multiple people non-simultaneously on a single workstation, but not both. You may access the Software through a network, provided that you are the only person who may use the Software or you have obtained individual licenses for the Software covering all workstations that will access the Software through the network. For instance, if eight different workstations will access the Software on the network, each workstation must have its own Software license, regardless of whether the workstations access the Software at different times or concurrently.
The Software and documentation are protected by the copyright laws of the United States and international treaty provisions. There are severe penalties, both civil and criminal, for copyright infringement. You may not use the Software other than as expressly provided herein, or re-distribute, or copy all or part of the Software or related documentation, except that you may make a reasonable number of copies of the Software solely for backup or archival purposes. You are specifically prohibited from copying the Software to an additional server or workstation for any purpose other than archival.
Multiple Media and
You may receive the Software and related documentation in more than one medium. Regardless of the number of media you receive, you may use only the medium that is appropriate for the workstation or server on which the Software is to be installed. You may not install, use or transfer the other media, except as part of a permanent transfer of your licensed copy of the Software and related documentation as set forth below.
If the Software and related documentation are provided as an upgrade, patch or update to an earlier licensed release of the Software, then you must have a valid license to operate such earlier release of the same version and edition as the upgrade to install or use the upgrade. All Software being upgraded is deemed to be part of the Software and is subject to this Agreement. You may transfer an upgrade only in conjunction and together with the licensed Software being upgraded.
Electronic Redistribution of the Evaluation
If you wish to receive a license to electronically redistribute the evaluation version of the Software, contact OreWare.com for more information.
No Additional Rights or Licenses
This Software is confidential and copyrighted. You acknowledge and agree that except for the rights granted in this Agreement, all other rights, and all title and interest in and to the Software (as an independent work and as an underlying work serving as a basis for any application you may develop) and derivative works thereof (including without limitation, any works based on all or part of the Software and derivative works thereof) and related documentation remain the sole and exclusive property of OreWare.com or its licensors, including all patent, copyright, trade secret, trademark and other proprietary rights therein, and that you will not derive or assert any title or interest in or to the Software, derivative works thereof, or related documentation. Without limiting the generality of the foregoing, you do not receive any rights to any patents, copyrights, trade secrets, trademarks or other intellectual property rights to the Software or related documentation. You may not alter, merge, modify, adapt or translate the Software or related documentation, or decompile, disassemble or reverse engineer the Software or documentation or otherwise reduce the Software to a human-perceivable form.
You may not remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software. This Agreement does not authorize you to use OreWare.com's (or its licensor's) name or any of its (or its licensor's) trademarks (which include, but are not limited to OreWare.com (r),
Popup Assassin Pro(tm) logo.)
Subject to the transferee's agreement in writing to be bound by the terms of this Agreement, you may permanently transfer all of your rights under this Agreement by transferring all media, all upgrades and all related documentation together with this Agreement. You may retain no copies of the Software or related documentation. If the Software and related documentation is an upgrade to an earlier licensed release of the Software, any transfer must include all prior releases of the Software and documentation.
Term and Termination
If you have acquired the Evaluation Version, the license granted herein shall automatically terminate fifteen (15) days after you first install such Version. Subsequent downloads, installations or use of the Evaluation Version by or for you will not extend, renew, or otherwise restart the term of the license. The license granted for the commercial version will continue until the subscribed service is terminated. OreWare.com may terminate any license granted herein if you fail to comply with the terms of this Agreement. Upon the termination of a license for any reason, you must promptly return to OreWare.com or destroy all copies of the Software and related documentation covered by the license.
Warranty and Remedies
OREWARE.COM PROVIDES NO REMEDIES OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, FOR THE EVALUATION VERSION. THE SOFTWARE AND DOCUMENTATION ACCOMPANYING THE EVALUATION VERSION ARE PROVIDED "AS IS."
OreWare.com warrants that the commercial version will be free from significant defects that prevent the Software from performing substantially in the manner described in the applicable documentation for a period of 15 days from the date of delivery to you. At OreWare.comÒs option, provided that any non-compliance with the above warranty is reported in writing to OreWare.com no more than ninety (90) days following delivery to you, OreWare.com will (i) replace defective media or documentation, as the case may be, (ii) use reasonable efforts to correct significant defects in the Software without charge, or (iii) refund the license fee paid to OreWare.com for the applicable copy of the Software in exchange for termination of all licenses granted to you for such copy.
Any replacement Software will be warranted for the remainder of the original warranty period or 30 days, whichever is longer. THESE REMEDIES ARE THE SOLE AND EXCLUSIVE REMEDIES AVAILABLE TO YOU FOR BREACH OF EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SOFTWARE AND RELATED DOCUMENTATION.
THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, REPRESENTATIONS, PROMISES, CONDITIONS OR GUARANTEES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. NO RIGHTS OR REMEDIES REFERRED TO IN ARTICLE 2A OF THE UCC WILL BE CONFERRED ON YOU UNLESS EXPRESSLY GRANTED HEREIN. IF APPLICABLE LAW IMPLIES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (30) DAYS FROM THE DATE OF DELIVERY. No oral or written information or advice given by OreWarec.om, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty. By way of example, without limitation, OreWare.com provides no warranties of any kind to any end-users accessing or otherwise using applications developed or otherwise obtained by you.
(USA ONLY) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASE, OREWARE.COM'S LIABILITIES SHALL BE LIMITED BY THE PROVISION BELOW ENTITLED "LIMITATION OF LIABILITY." THIS WARRANTY GIVE YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
The warranties do not cover damage or defects caused by or related to misuse, modification, accident, negligence or misapplication. Any such misuse, modification or misapplication of the Software will void this warranty. Because programs such as this are inherently complex, OreWare.com does not warrant that the Software is error-free or will operate without interruption. Furthermore, OreWare.com does not warrant that the Software will work with any given system, network or related applications.
The Software is not designed, intended or licensed for use in hazardous environments requiring fail-safe controls, including without limitation, the design, construction, maintenance or operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, and life support or weapons systems. OreWare.com specifically disclaims any express or implied warranty of fitness for such purposes.
You acknowledge that due to the complexity of the Software, it is possible that use of the Software could lead to the unintentional loss or corruption of data. You assume all risks of such data loss or corruption; the warranties provided in this Agreement do not cover any damages or losses resulting from data loss or corruption.
Limitation on Liability
IN NO CASE SHALL OREWARE.COM OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF BUSINESS, BUSINESS INTERRUPTION OR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, WHETHER SUCH DAMAGES ARE BASED UPON A BREACH OF EXPRESS OR IMPLIED WARRANTIES, BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT, PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THIS IS TRUE EVEN IF OREWARE.COM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE WILL OREWARE.COM'S LIABILITY UNDER ANY LEGAL THEORY EXCEED THE AMOUNT OF THE LICENSE FEE ACTUALLY PAID BY YOU TO OREWARE.COM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE WARRANTIES IN THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.
(USA ONLY) 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 AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
This limitation on liability, and the disclaimers of warranties contained in the previous section, inure to the benefit of OreWare.com's licensors.
The limited warranty, exclusive remedies and limited liability set forth above are fundamental elements of the basis of the Agreement between OreWare.com and you. OreWare.com would not be able to provide the Software on an economic basis without such limitations.
(Outside USA only) The limitations or exclusions of warranties and liability contained in this Agreement do not effect or prejudice the statutory rights of a consumer, i.e., a person acquiring goods otherwise than in the course of business.
U.S. Government Licensing Rights; Notification of Export Restriction
If the Software is licensed under a U.S. Government contract, you acknowledge that the Software and related documentation are "commercial items," as defined in 48 C.F.R 2.01, consisting of "commercial computer Software" and "commercial computer Software documentation," as such terms are used in 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1. You also acknowledge that the Software is "commercial computer Software" as defined in 48 C.F.R. 252.227-7014(a)(1). U.S. Government agencies and entities and others acquiring under a U.S. Government contract shall have only those rights, and shall be subject to all restrictions, set forth in this Agreement.
You agree to abide by the terms of the following notice, if such notice appears in or on the packaging for the Software, and you agree not to remove such notice from the Software.
IMPORTANT NOTICE: THIS SOFTWARE OR ANY UNDERLYING INFORMATION OR ANY UNDERLYING TECHNOLOGY MAY NOT BE DOWNLOADED, DISTRIBUTED OR OTHERWISE EXPORTED OR RE-EXPORTED TO ANYONE ON THE U.S. TREASURY DEPARTMENT'S LIST OF SPECIALLY DESIGNATED NATIONALS OR ON THE U.S. COMMERCE DEPARTMENT'S TABLE OF DENIAL ORDERS OR ENTITY LIST, OR INTO (OR TO A NATIONAL OR RESIDENT OF) CUBA, IRAQ, LIBYA, NORTH KOREA, IRAN OR ANY OTHER COUNTRY TO WHICH THE U.S. EMBARGOES GOODS. BY DOWNLOADING OR USING THIS SOFTWARE, YOU AND YOUR COMPANY ARE AGREEING TO ABIDE BY THE FOREGOING.
This Agreement shall be governed by and interpreted under the laws of the State of Nevada without reference to its conflicts of laws principles. You consent to the exclusive jurisdiction and venue of the state courts sitting in Las Vegas, Nevada to resolve any disputes arising under this Agreement. In each case this Agreement shall be construed and enforced without regard to the United Nations Convention on the International Sale of Goods.
This Agreement is the complete agreement between you and OreWare.com concerning the Software and related documentation and supersedes all proposals, oral or written, all negotiations, conversations or discussions between or among the parties relating to the subject matter of this Agreement and all past dealing or industry custom. You expressly agree that any varying or additional terms contained in any purchase order or other written notification or document issued by you in relation to the Software licensed hereunder shall be of no effect. The failure or delay of OreWare.com to exercise any of its rights under this Agreement or upon any breach of this Agreement shall not be deemed a waiver of those rights or of the breach.
No OreWare.com dealer, agent or employee is authorized to make any amendment to this Agreement.
If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this Agreement will remain in full force and effect.
If you have any questions concerning this Agreement or the Software or related documentation, you may contact OreWare.com's customer service at www.oreware.com.
Thank you for using the original Popup Assassin
Copyright (C) 2004 Oreware.com. All rights reserved.