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END USER LICENSE AGREEMENT
NOTICE TO USER:
THIS IS AN AGREEMENT GOVERNING YOUR USE OF AutoTweet SOFTWARE, FURTHER DEFINED HEREIN AS “PRODUCT,” AND THE LICENSOR OF THE PRODUCT IS WILLING TO PROVIDE YOU WITH ACCESS TO THE PRODUCT ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. BELOW, YOU ARE ASKED TO ACCEPT THIS AGREEMENT AND CONTINUE TO INSTALL OR, IF YOU DO NOT WISH TO ACCEPT THIS AGREEMENT, TO DECLINE THIS AGREEMENT, IN WHICH CASE YOU WILL NOT BE ABLE TO INSTALL OR OPERATE THE PRODUCT. BY INSTALLING THIS PRODUCT YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Electronic End User License Agreement (the “Agreement”) is a legal agreement between you (either an individual or an entity), the licensee, and AutoTweet. Ltd. and its affiliates (collectively, the “Licensor”), regarding the Licensor`s software, as applicable pursuant to a valid license, you are about to download and/or other related services, including without limitation a) all of the contents of the files, disk(s), CD-ROM(s) or other media with which this Agreement is provided and including all forms of code, such as source code and object code, (the “Software”), b) all successor upgrades, modified versions, modified modules, revisions, patches, enhancements, fixes, modifications, copies, additions or maintenance releases of the Software, if any, licensed to you by the Licensor (collectively, the “Updates”), and c) related user documentation and explanatory materials or files provided in written, “online” or electronic form (the “Documentation” and together with the Software and Updates, the “Product”). You are subject to the terms and conditions of this End User License Agreement whether you access or obtain the Product directly from the Licensor, or through any other source. For purposes hereof, “you” means the individual person installing or using the Product on his or her own behalf; or, if the Product is being downloaded or installed on behalf of an organization, such as an employer, “you” means the organization for which the Product is downloaded or installed, then the person accepting this agreement represents hereby that such organization has authorized such person to accept this agreement on the organization`s behalf. For purposes hereof the term “organization,” without limitation, includes any partnership, limited liability company, corporation, association, joint stock company, trust, joint venture, labor organization, unincorporated organization, or governmental authority.
By accessing, storing, loading, installing, executing, displaying, copying the Product into the memory of a Client Device, as defined below, or otherwise benefiting from using the functionality of the Product (“Operating”), you agree to be bound by the terms and conditions of this Agreement. If you do not agree to the terms and conditions of this Agreement, the Licensor is unwilling to license the Product to you. In such event, you may not Operate or use the Product in any way.
BEFORE YOU “I AGREE” BUTTON”, PLEASE CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT, AS SUCH ACTIONS ARE A SYMBOL OF YOUR SIGNATURE AND BY CLICKING ON THE “I AGREE” BUTTON, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT AND AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE “CANCEL” BUTTON AND THE PRODUCT WILL NOT BE INSTALLED ON YOUR CLIENT DEVICE, AS SUCH TERM IS DEFINED BELOW. For your reference, you may refer to the copy of this Agreement that can be found in the Help for the Software. You may also receive a copy of this Agreement by contacting Licensor at: auto.tweet@yahoo.com.
1. Proprietary Rights and Non-Disclosure.
1.1. Ownership Rights. You agree that the Product and the authorship, systems, ideas, methods of operation, documentation and other information contained in the Product, are proprietary intellectual properties and or the valuable trade secrets of the Licensor and are protected by civil and criminal law, and by the law of copyright, trade secret, trademark and patent of the Russian federation, other countries and international treaties. You may use trademarks only insofar as to identify printed output produced by the Product in accordance with accepted trademark practice, including identification of trademark owner`s name. Such use of any trademark does not give you any rights of ownership in that trademark. The Licensor and its suppliers own and retain all right, title, and interest in and to the Product, including without limitations any error corrections, enhancements, Updates or other modifications to the Software, whether made by Licensor or any third party, and all copyrights, patents, trade secret rights, trademarks, and other intellectual property rights therein. Your possession, installation or use of the Product does not transfer to you any title to the intellectual property in the Product, and you will not acquire any rights to the Product except as expressly set forth in this Agreement. All copies of the Product made hereunder must contain the same proprietary notices that appear on and in the Product. Except as stated herein, this Agreement does not grant you any intellectual property rights in the Product and you acknowledge that the license granted under this Agreement only provides you with a right of limited use under the terms and conditions of this Agreement.
1.2. Source Code and Modifications. You acknowledge that the source code for the Product is proprietary to the Licensor and constitutes trade secrets of the Licensor. You agree not to modify, or create derivative works based upon the Product in whole or in part nor reverse engineer, decompile, disassemble the source code of the Product in any way.
1.3. Registration Code File and Confidential Information. You agree that, unless otherwise specifically provided herein or agreed by the Licensor in writing, the Product, including the specific design and structure of individual programs and the Product, including without limitation the Registration Code File provided to you by the Licensor and/or its authorized resellers or distributors, constitute confidential proprietary information of the Licensor. For purposes hereof, “Registration Code” shall mean a unique key identification file or a combination of unique electronic characters provided to you by the Licensor confirming the purchase of the license from the Licensor, which may carry the information about the license and the number of permitted users, and enabling the full functionality of the Product in accordance with the license granted under this Agreement. You agree not to transfer, copy, disclose, provide or otherwise make available such confidential information in any form to any third party without the prior written consent of the Licensor. You agree to implement reasonable security measures to protect such confidential information, but without limitation to the foregoing, shall use best efforts to maintain the security of the Registration Code provided to you by the Licensor and/or its authorized resellers or distributors.
2. Grant of License.
2.1. License. The Licensor grants you the following rights (“License”) and you hereby agree and accept such License:
a). Trial Version. If you have received, downloaded and/or installed a trial version of the Product and are hereby granted an evaluation license for the Software and you may Operate the Product only for evaluation purposes and only during the single applicable evaluation period of thirty (30) days, unless otherwise indicated, from the date of the initial installation. Following this test period of thirty (30) days or less, if you wish to continue to use the Product, you must register. To register you have to pay for the fully functional version. Upon payment we provide the Registration Code to you. Any use of the Product for other purposes or beyond the applicable evaluation period is strictly prohibited, provided however that, subject to the restrictions contained herein, you may copy and distribute a trial version of the Software without any modifications whatsoever to any third party subject to this Agreement and further provided that you have no technical support rights during the trial period. The unregistered (trial) version may be freely distributed, provided that the distribution package is not modified. No person or company may charge a fee for the distribution of the Product without written permission from the copyright holder.
b). Grant of License. Unless otherwise specifically indicated under a valid license (e.g. volume license) granted by the Licensor, once registered you are granted a non-exclusive and non-transferable license to install one (1) copy of the Product and during the term of your license, subject to the payment of the applicable fees and your compliance with the terms hereof, this Agreement permits you or any of your employees to Operate one copy of the specified version of the Product, for internal purposes only, on one computer, workstation, or other electronic device of which the software was designed (each a “Client Device”). If you have purchased multiple licenses for the Product, then the number of multiple licenses shall determine the number of copies of the Product you may have and the number of Client Devices on which you may Operate the Product. If the Product is licensed as a suite or bundle with more than one specified software product, this license applies to all such specified software products, subject to any restrictions or usage terms specified on the applicable price list or product packaging that apply to any of such software products individually. Additionally, Licensor reserves the right to provide for specific terms and conditions in the purchased licenses and such terms may be embedded in Registration Code specifying other terms, conditions and restrictions of Operating of the Product. The Licensor reserves all rights not expressly granted herein.
c). Limitations on Personal License. With the purchase of a personal License, the Licensee may operate the Product as set forth in the Agreement for non-commercial purposes in a non-business or non-commercial environment. Use of the Product in a corporate, governmental or business environment requires the purchase of a business license.
d). Site License. With the acquisition of a Site License, the Licensee may install and use the Product on an unlimited amount of CPUs within one office in one geographic location. Within these limitations, the Licensee may install the Product as a “Network” Product and run the software from any networked computer on your LAN, provided those computers are located exclusively within one office at one geographic location.
e). Volume Use. If the Product is licensed with volume license terms specified in the applicable product invoicing or packaging for the Product, you may make use and install as many additional copies of the Product on the number of Client Devices as the volume license terms specify. You must have a reasonable mechanism in place to ensure that the number of Client Devices on which the Product has been installed does not exceed the number of licenses you have obtained.
f). Multiple Environment Product; Multiple Language Product; Dual Media Product; Multiple Copies; Bundles. If the Product supports multiple platforms or languages, if you receive the Product on multiple media, if you otherwise receive multiple copies of the Product, or if you received the Product bundled with other software, the total number of your Client Devices on which all versions of the Product are installed may not exceed the number of licenses you have obtained from the Licensor. You may not rent, lease, sublicense, lend or transfer any versions or copies of the Product you do not use.
2.2. Back-up Copies. You can make one (1) copy the Product for backup and archival purposes, provided, however, that the original and each copy is kept in your possession or control, and that your installation and use of the Product does not exceed that which is allowed in this Section 2.
2.3. Prohibitions. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, otherwise reverse engineer, or transfer the licensed program, or any subset of the licensed program, except as provided for in this Agreement. Any such unauthorized use shall result in immediate and automatic termination of this license and may result in criminal and/or civil prosecution. Neither AutoTweet binary code nor source may be used or reverse engineered to re-create the program algorithm, which is proprietary, without written permission of Licensor. All rights not expressly granted here are reserved by AutoTweet Co. Ltd.
2.4. Special Provisions Applicable to Password Recovery Programs. The Licensor has a strict return policy due to the nature of our products. If the software is unable to recover (or remove, or change) a password, a copy of the unrecovered file must be sent to the Licensor for evaluation. If the password is recovered, you will be either able to keep the software and receive the password to the file (or unprotected copy of the file), or refund can be made and the end user will need to pay for the in-house recovery in order to receive the password. If the Licensor is unable to recover the password, a full refund will be made. This subsection is applicable only to situations when password recovery or removal is guaranteed without brute-force or dictionary attacks.
2.5. Registration Code. Registration Code provided by the Licensor constitutes the confidential proprietary information of the Licensor. AutoTweet Registration Code file may not be distributed, except as stated herein, outside of the area of legal control of the person or persons who purchased the original license, without written permission of the copyright holder. You may not give away, sell or otherwise transfer your Registration Code to a third party. Doing so will result in an infringement of copyright. AutoTweet Co. Ltd retains the right of claims for compensation in respect of damage which occurred by your giving away the registration code. This claim shall also extend to all costs which AutoTweet Co. Ltd incurs in defending itself.
2.6. Transfers. Under no circumstances shall Licensee sell, rent, lease, license, sublicense, publish, display, distribute, or otherwise transfer to a third party the Software, any copy thereof, in whole or in part, without Licensor`s prior written consent, unless otherwise provided for in this Agreement.
2.7. Acceptance of Licensing Terms. Installing and using the Product signifies acceptance of these terms and conditions of the License. If you do not agree with the terms of the license you must remove all Product files from your storage devices, including any back-up or archival copy, and cease to use the Product.
2.8. Material Terms and Conditions. Licensee specifically agrees that each of the terms and conditions of this Section 2 are material and that failure of Licensee to comply with these terms and conditions shall constitute sufficient cause for Licensor to immediately terminate this Agreement and the License granted under this Agreement. The presence of this Section 2.7 shall not be relevant in determining the materiality of any other provision or breach of this Agreement by either party.
2.9. Term and Termination. The term of this Agreement (“Term”) shall begin when you download, access or install the Product or pay the applicable license fees (whichever is earlier) and shall continue for the term specified in your order. Without prejudice to any other rights, this Agreement will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of this Agreement, you must immediately cease use of the Product and destroy all copies of the Product.
2.10. No Rights Upon Termination. Upon termination of this Agreement you will no longer be authorized to Operate or use the Product in any way.
3. Support and Updates.
3.1. Terms of Support. During the one-year period you are entitled to technical services and support for the Product which is provided to you by Licensor during the regular business hours (GMT+ 03:00), except for locally-observed holidays, and includes the support provided through a special technical support section of the Licensor`s site (the “Site”) and email auto.tweet@yahoo.com. During such period of one year e-mail support is unlimited and includes technical and support questions and patch fixes.
3.2. Updates. During the one-year period, you may download Updates to the Product when and as the Licensor publishes them on the Site, or through other online services. If the Product is an Update to a previous version of the Product, you must possess a valid license to such previous version in order to use the Update. You may continue to use the previous version of the Product on your Client Device after you receive the Update to assist you in the transition to the Update, provided that: (i) the Update and the previous version are installed on the same Client Device; (ii) the previous version or copies thereof are not transferred to another party or Client Device unless all copies of the Update are also transferred to such party or Client Device; (iii) you acknowledge that any modification that you made to the Product may be lost, altered, distorted or destroyed rendering such modifications, Product or the part thereof inoperable or non-usable; and (iv) you acknowledge that any obligation the Licensor may have to support the previous version of the Product may be ended upon availability of the Update. Except for the rights to free Updates during the one-year period, as further defined herein, nothing in this Agreement shall be construed as to grant you any rights or licenses with regard to the new releases of the Product or to entitle you to any new release. This Agreement does not obligate the Company to provide any Updates. Notwithstanding the foregoing, any Updates that you may receive become part of the Product and the terms of this Agreement apply to them (unless this Agreement is superseded by a succeeding agreement accompanying such Update or modified version of the Product).