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AUTOBANIP(TM) IS WILLING TO LICENSE ITS AUTOBANIP SOFTWARE (THE "SOFTWARE") INCLUDING THE ACCOMPANYING DOCUMENTATION TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS IN THIS AGREEMENT. BY CLICKING ON THE "I AGREE" BUTTON BELOW YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
IF YOU DO NOT AGREE TO THESE TERMS, AUTOBANIP IS UNWILLING TO AND DOES NOT LICENSE THE SOFTWARE TO YOU. IF YOU DO NOT AGREE TO THESE TERMS YOU MUST CLICK ON THE "I DO NOT AGREE" BUTTON AND DISCONTINUE THE INSTALLATION PROCESS. ANY USE OF THE SOFTWARE BY YOU IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH HEREIN.
1. GRANT OF NON-EXCLUSIVE LICENSE.
You may use AutoBanIP Lite at your own risk without charge.
You may use AutoBanIP Pro at your own risk without charge on an evaluation basis for thirty (30) days. You must pay the license fee and register your copy to continue to use the SOFTWARE after the thirty (30) day evaluation period. AutoBanIP may give you a grace period of up to seven (7) days after the evaluation period to pay the license fee and register your copy.
Upon enabling the registered copy, if you are an individual or a family, you may use the SOFTWARE on all the computers owned by you or your family that are located in the same household. If you are a business or government entity, you must purchase a license for each computer on which the software is used.
You may also make one or more copies of the SOFTWARE for backup or archival purposes. Otherwise, you may not copy the registered SOFTWARE in whole or in part. You may permanently transfer all of your rights to the registered copy of the SOFTWARE under this license provided you transfer all copies of the SOFTWARE to the recipient, permanently deleting all copies of the SOFTWARE from your computer(s), and otherwise stop using the SOFTWARE. Any recipient who accepts transfer of the SOFTWARE agrees to the terms of this license. All rights not expressly granted under this license are reserved by AutoBanIP.
2. RESTRICTIONS.
AutoBanIP retains all right, title, and interest in and to the SOFTWARE, documentations, and technical support, and any rights not expressly granted to you herein are reserved by AutoBanIP. You may not reverse engineer, disassemble, decompile, or translate the SOFTWARE, or otherwise attempt to derive the source code of the SOFTWARE, except to the extent (if at all) expressly permitted under any applicable law. If applicable law expressly permits such activities, any information so discovered or derived shall be deemed to be the confidential proprietary information of AutoBanIP and may not be misappropriated. Except as described in Section 1 above, any attempt to transfer any of the rights, duties or obligations hereunder is void. You may not rent, lease or loan the SOFTWARE. You may not reproduce (except as expressly permitted under Section 1), distribute, publicly perform, publicly display, modify or create derivative works of or based on the SOFTWARE.
3. TECHNICAL SUPPORT.
Technical support (via email response) may be available for a limited period of time and subject to staff capacity if you register the SOFTWARE and pay a registration fee. Information regarding availability, nature and conditions of limited technical support may be found at www.AutoBanIP.com.
4. NO WARRANTY.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE (INCLUDING TECHNICAL SUPPORT FOR THE SOFTWARE, IF ANY) IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, AUTOBANIP EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. AUTOBANIP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, AUTOBANIP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AUTOBANIP OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY OR MAY BE LIMITED.
YOU EXPRESSLY ACKOWLEDGE THAT THE SOFTWARE CAN NOT STOP ALL UNWANTED CONNECTIONS TO YOUR COMPUTER(S) AND DOES NOT PROVIDE PROTECTION FROM ALL TYPES OF INTRUSIONS. THE SOFTWARE SHOULD BE USED WITH OTHER TOOLS FOR TOTAL COMPUTER SECURITY.
IMPORTANT NOTICE TO USERS. THIS SOFTWARE IS NOT FAULT-TOLERANT AND IS NOT DESIGNED OR INTENDED FOR USE IN ANY HAZARDOUS ENVIRONMENT REQUIRING FAIL-SAFE PERFORMANCE OR OPERATION. THIS SOFTWARE IS NOT FOR USE IN THE OPERATION OF AIRCRAFT NAVIGATION, NUCLEAR FACILITIES, OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, DIRECT OR INDIRECT LIFE-SUPPORT SYSTEMS, AIR TRAFFIC CONTROL, OR ANY APPLICATION OR INSTALLATION WHERE FAILURE COULD RESULT IN DEATH, SEVERE PHYSICAL INJURY OR PROPERTY DAMAGE.
5. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL AUTOBANIP, ITS AFFILIATES OR THEIR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF AUTOBANIP OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH 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. IN NO EVENT SHALL AUTOBANIP`S TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTIONS (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE) EXCEED THE GREATER OF THE AMOUNT PAID BY YOU FOR THE SOFTWARE OR $10.
6. INDEMNITY.
You agree to defend and indemnify AutoBanIP against all any and all claims, losses, liabilities, damages, costs and expenses, including attorney`s fees, which AutoBanIP may incur as a result of or in connection with your breach of this Agreement.
7. TERM AND TERMINATION.
This Agreement shall continue until terminated. You may terminate the Agreement at any time by deleting all copies of the SOFTWARE and all related information. This Agreement terminates immediately and automatically, with or without notice, if you fail to comply with any provision hereof. Additionally, AutoBanIP may at any time terminate this Agreement, without cause, upon notice to you. Upon termination you must delete or destroy all copies of the SOFTWARE in your possession. Sections 2 and 4 through 10 survive termination.
8. GOVERNMENT END USERS.
If you are or are acting on behalf of an agency or instrumentality of the United States Government, the SOFTWARE, as applicable, is "commercial computer SOFTWARE" and "commercial computer SOFTWARE documentation" and pursuant to FAR 12.212 or DFARS 227 7202 and their successors, as applicable, use, reproduction and disclosure of the SOFTWARE is governed by the terms of this Agreement.
9. CONTRACTING PARTIES.
If the SOFTWARE is installed on any computer owned by a corporation or other legal entity, then this Agreement is formed by and between AutoBanIP and such entity. The individual executing this Agreement represents and warrants to AutoBanIP that they have the authority to bind such entity to the terms and conditions of this Agreement.
10. Privacy Policy
AutoBanIP software contains no adware and no spyware. The installation program checks the AutoBanIP website for current version numbers but transmits no data other than the type of
product being installed.
11. GENERAL.
This Agreement is governed and interpreted in accordance with the laws of the State of California without giving effect to its conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed and shall not apply. Any claim arising out of or related to this Agreement must be brought exclusively in a federal or state court located in San Diego County, California. You consent to personal jurisdiction exclusively in California. You understand that this means that should a dispute arise out of this Agreement, you may be sued in a California court, and you may not bring a suit anywhere outside of California. If any provision of this Agreement shall be invalid, the validity of the remaining provisions of this Agreement shall not be affected. This Agreement is the entire and exclusive agreement between AutoBanIP and you with respect to the SOFTWARE and supersedes all prior agreements (whether written or oral) and other communications between AutoBanIP and you with respect to the SOFTWARE.
COPYRIGHT (C) 2007 BY AutoBanIP.
ALL RIGHTS RESERVED.
BY CLICKING ON THE "I AGREE" BUTTON YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.