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END-USER LICENSE AGREEMENT FOR Account Maker IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL: Gsoft Ltd. End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Gsoft Ltd.. for the Gsoft Ltd. software product(s) identified above which may include associated software components, media, printed materials, and "online" or electronic documentation Account Maker. By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and Gsoft Ltd., (referred to as "licenser"), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
This license is a compulsory binding agreement between the purchaser
(defined further as "you", the "customer") and Gsoft, LTD (defined
further as "we", "us"). This agreement will take power at the moment you
load our product "Account Maker Craigslist Harvester" (defined further as "program",
"software") onto your computer.
You can use Account Maker for performing only legal activity on the
Internet. You can not use Account Maker for spamming (SPAM) because
spamming is an illegal activity. If we find out that you are using our
program for spamming (as defined Mass Unsolicited email sending) this
license will become null and void and will be revoked immidiately.
The Definition of SPAM: The word SPAM as applied to Email means
Unsolicited Bulk Email (UBE). Unsolicited means that the Recipient has
not granted verifiable permission for the message to be sent. Bulk means
that the message is sent as part of a larger collection of messages, all
having substantively identical content. A message is SPAM only if it is
both Unsolicited and Bulk. Unsolicited Email is normal email (examples
include first contact enquiries, job enquiries, sales enquiries, etc.)
Bulk Email is normal email (examples include subscriber newsletters,
discussion lists, information lists, etc.).
Technical Definition of SPAM: An electronic message is SPAM IF: (1) the
recipient`s personal identity and context are irrelevant because the message
is equally applicable to many other potential recipients; AND (2) the
recipient has not verifiably granted deliberate, explicit, and
still-revocable permission for it to be sent; AND (3) the transmission and
reception of the message appears to the recipient to give a disproportionate
benefit to the sender.
Examples of legal usage:
- Posting comments to your own blogs or blogs you have permission to post;
- sending invoices, order status notifications to customers who purchased
your services or products;
- sending information about your services, products, special offers or
price lists to users as replies to their inquiries.
- sending newsletters to the users who wittingly subscribed to your mailing
lists and wants to receive your regular newsletters.
- sending email notifications and announcements to customers who chose to
receive them;
This program is provided to you "AS IS" and without warranty of any kind
whether explicit or implied. We shall be held harmless in any event and
with any performance of the software. We will try, however, to rectify
any abnormal behaviour to the best of our knowlege, as soon as possible,
on an ongoing basis.
1. GRANT OF LICENSE.
The SOFTWARE PRODUCT is licensed as follows:
(a) Installation and Use.
Gsoft Ltd. grants you the right to install and use copies of the SOFTWARE PRODUCT
on your computer running a validly licensed copy of the operating system for which the SOFTWARE PRODUCT
was designed [e.g., Windows 95?, Windows NT?, Windows 98?, Windows 2000 ?, Windows 2003, Windows XP, Windows ME, Windows Vista].
(b) Backup Copies.
You may also make copies of the SOFTWARE PRODUCT as may be necessary for backup and archival purposes.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
(a) Maintenance of Copyright Notices.
You must not remove or alter any copyright notices on any and all copies of the SOFTWARE PRODUCT.
(b) Distribution.
You may not distribute registered copies of the SOFTWARE PRODUCT to third parties. Evaluation versions available
for download from Gsoft Ltd.?s websites may be freely distributed.
(c) Prohibition on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity
is expressly permitted by applicable law notwithstanding this limitation.
(d) Rental.
You may not rent, lease, or lend the SOFTWARE PRODUCT.
(e) Support Services.
Gsoft Ltd. may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA.
(f) Compliance with Applicable Laws.
You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.
3. TERMINATION
Without prejudice to any other rights, Gsoft Ltd. may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT in your possession.
4. COPYRIGHT
All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by Gsoft Ltd. or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by Gsoft Ltd..
5. NO WARRANTIES
Gsoft Ltd. expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is provided ?As Is? without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. Gsoft Ltd. does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE PRODUCT. Gsoft Ltd. makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. Gsoft Ltd. further expressly disclaims any warranty or representation to Authorized Users or to any third party.
6. LIMITATION OF LIABILITY
In no event shall Gsoft Ltd. be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of ?Authorized Users` use of or inability to use the SOFTWARE PRODUCT, even if Gsoft Ltd. has been advised of the possibility of such damages. In no event will Gsoft Ltd. be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. Gsoft Ltd. shall have no liability with respect to the content of the SOFTWARE PRODUCT or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.