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Licensor: Murray Hurps Corp Pty Ltd, Australia
Permission to use this software is conditional upon the user agreeing to the terms set out below. The software is offered to the user on condition that these terms are agreed and accepted. Acceptance will bind the user and the user`s employees. By clicking "Yes" when asked if the user understands and agrees to these terms when installing Ad Muncher, the user will be deemed to have accepted them. The user agrees that this agreement is enforceable like any written agreement negotiated and signed by the user.
1. Ad Muncher is Shareware, which entitles the user to use the software at no charge for a period of 30 days. Upon your acceptance of this Licence Agreement the Licensor grants you a non-exclusive, non-transferable, limited licence to install and use a copy of Ad Muncher for a period of 30 days. Should the user wish to continue using Ad Muncher after 30 days, they will need to register their copy.
2. When the user elects to register their copy of Ad Muncher the user will receive a single Registration Key for each registration payment. The Registration Key will enable the user to activate Ad Muncher beyond the initial 30-day evaluation period.
3. If the user registers before 5:00 PM October 8th 2006 GMT, the user may use Ad Muncher on more than the purchased number of systems provided that no more than the purchased number of systems are using Ad Muncher simultaneously. If the user registers after 5:00 PM October 8th 2006 GMT, the user may only have the purchased number of Ad Muncher installations at any time.
Should the Licensor detect that Ad Muncher is being used on more than the allowed number of systems or installations, the Licensor reserves the right to terminate this agreement and invalidate the user`s Registration Key.
4. The user`s registration will licence the user indefinitely to use the versions of Ad Muncher specified in the registration details provided via email. The licence does not cover the use of any Ad Muncher components present in other software, only the complete Ad Muncher program.
5. The Licensor retains ownership of Ad Muncher whether in its original form or as modified by the user during the term of the licence. All intellectual property rights in Ad Muncher are retained by the Licensor. The Licensor discloses that copyright of Ad Muncher belongs to Murray Hurps, a Director of the Licensor, and the Licensor has been granted a license to distribute Ad Muncher. Nothing in this agreement affects the ownership of moral rights in Ad Muncher. Ad Muncher may be freely distributed subject to, but not limited to the following terms:
a. The user may not sell or re-sell Ad Muncher;
b. The user must not distribute Ad Muncher as part of any commercial package;
c. The user must not use or distribute Ad Muncher in support of a commercial service; and
d. The user must not use or distribute Ad Muncher to support any kind of profit generating activity, even if it is being distributed freely.
If the user would like to distribute Ad Muncher as part of a shareware distribution, magazine, Internet book, CD ROM, commercial use etc they will need to contact the Licensor at Admin@AdMuncher.com for written consent prior to distribution.
6. Ad Muncher is protected by copyright, including without limitation the Australian Copyright Law and international treaty provisions in which it is being used. The user acknowledges that Murray Hurps retains the ownership of all patents, copyrights, trade secrets, trade marks and other intellectual property rights pertaining to Ad Muncher, and animations, videos, audio, music and text incorporated into Ad Muncher and all accompanying printed material. The user will take no actions that would adversely affect Murray Hurps` intellectual property rights in Ad Muncher. This agreement does not grant the user any intellectual property rights in Ad Muncher and any notifications of claimed copyright infringement should be sent to Admin@AdMuncher.com. This clause will survive the termination of this agreement.
7. Except as expressly permitted by sections 47B(3), 47C, 47D, 47E or 47F of the Copyright Act 1968 (Cth) and international treaty provisions the user shall not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, underlying ideas, underlying user interface techniques or algorithms of Ad Muncher by any means whatsoever, directly or indirectly, or disclose any of the foregoing. If the user believes it is essential to do so in order to achieve operability of Ad Muncher with another software program, they must first request the Licensor to provide the information necessary to achieve such operability. Any information supplied by the Licensor or obtained by the user, as permitted herein, may only be used by the user for the purposes permitted under this agreement and may not be disclosed to any third party or used to create any software which is substantially similar to the expression of Ad Muncher. Requests for information from users with respect to the above should be directed to Admin@AdMuncher.com. This clause will survive the termination of this agreement.
8. The user shall not modify the whole or any part of Ad Muncher or combine or incorporate the whole or any part of Ad Muncher in any other program or system without the prior consent in writing of the Licensor. Requests for permission with respect to the above should be directed to Admin@AdMuncher.com.
9. Subject to the preceding clauses of this agreement, and without seeking to exclude or limit the application of sections 47B(3), 47C, 47D, 47E or 47F of the Copyright Act 1968 (Cth) the user may copy and redistribute unregistered copies of Ad Muncher as long as the user does not charge a fee for it; does not modify Ad Muncher, its documentation or license statement in any way and does not bundle it with another system. The user may not rent, lease or lend registered copies of Ad Muncher to third parties. The user may not re-licence, reproduce or distribute any Registration Key except with the express written permission of the Licensor.
10. The user must not distribute Ad Muncher content which has been made available via the Ad Muncher update system without the prior consent in writing of the Licensor. This content includes, but is not limited to, the advert lists, program updates and IP Scramble proxy lists. Requests for permission should be directed to Admin@AdMuncher.com. If update content has been distributed and can be tracked to a registered user, the Licensor reserves the right to issue a new Registration Key to the user and invalidate the original Registration Key or terminate this agreement and invalidate the user`s Registration Key.
11. All copies of Ad Muncher and the media in which the copies are contained shall be and remain the property of the Licensor and Murray Hurps. The user shall mark all copies of Ad Muncher and the media in which the copies are contained with a notice of:
a. Murray Hurps` ownership of Ad Muncher and the media;
b. such other information as the Licensor requires.
The user shall maintain records of all copies of Ad Muncher made by it and the place at which those copies are situated. Such records shall be furnished to the Licensor upon reasonable notice. The user shall notify the Licensor immediately on becoming aware of any unauthorised use or copying of the whole or any part of Ad Muncher or of the manual of specifications.
12. Ad Muncher is provided to the user "AS IS" with no warranties for use or performance and the Licensor disclaims any warranty or liability obligations to the user of any kind, whether expressed or implied. Where legislation implies in this agreement any condition or warranty, and that legislation avoids or prohibits provisions in an agreement excluding or modifying application of or exercise of liability under such condition or warranty, the condition or warranty will be deemed to be included in this agreement. However, the liability of the Licensor for any breach of such condition or warranty will be limited, at the option of the Licensor, to one or more of the following:
a. the repair of Ad Muncher; or
b. refund of the original fee paid upon registration to the Licensor.
13. The Licensor is not subject to, and the user releases the Licensor from any additional liability and indemnifies them against any claim, action, suit or proceeding (including but not limited to direct, indirect, consequential loss or damage, removal costs or re-installation costs or liability for loss of use or profit) because of the use of or inability to use Ad Muncher or the provision of or failure to provide support services, including the "Live Chat and Technical Support" system, any delay in delivery or fault or defect in Ad Muncher even if the Licensor has been advised of the possibility of such damages. The Licensor`s entire liability under this agreement shall be limited to the amount paid by the user for Ad Muncher. The user further indemnifies the Licensor against any claim, action suit or proceedings brought by any web site provider in respect of the operation of Ad Muncher by the user.
14. The user expressly acknowledges and agrees that it has not relied upon, and the Licensor is not liable for any advice given by the Licensor, its servants, agents, representatives or employees in relation to the suitability for any purpose of Ad Muncher.
15. The user assumes full responsibility for any use of the "IP Scramble" feature and associated use of the proxies included in the server-supplied lists, and for any results of the use thereof.
16. The user expressly acknowledges that Ad Muncher may send information to the Ad Muncher servers consisting of the user`s Registration Name, Registration Key, Ad Muncher version, Ad Muncher installation date and time, processor type, local time and the date and time that the user`s license was first verified.
17. This agreement may be terminated by the user ceasing all use of Ad Muncher, destroying all copies then in the user`s possession or control and taking such other actions as the Licensor may reasonably request to ensure that no copies of Ad Muncher remain in the user`s possession or control under this agreement or by the Licensor giving the user written notice of termination if the user commits a breach of this agreement and fails to cure such breach within 10 days after such notice from the Licensor or in the event that there is a credit card chargeback or other refund. Upon the Licensor`s termination of this agreement, the user must cease all use of Ad Muncher, destroy all copies then in the user`s possession or control and take such other actions as the Licensor may reasonably request to ensure that no copies of Ad Muncher remain in the user`s possession or control.
18. The Licensor provides a "Live Chat and Technical Support", hereinafter referred to as "the chat forum" capability for Ad Muncher. The user must comply with the rules posted on the chat forum and the failure to do so will result in the user being ejected from the chat forum. The Licensor is not responsible or liable for any content in the chat forum. The Licensor has the right, but not the responsibility, to remove any material from the chat forum that in the Licensor`s sole discretion is in violation of these rules or this agreement. What this means is that the Licensor may remove any user from the chat forum who violates the rules, however they cannot remove any messages from the chat room, until such time as the user closes their client chat.
19. This agreement supersedes all prior agreements, arrangements and undertakings between the parties and constitutes the entire agreement between the parties relating to the use of Ad Muncher.
20. All notices which are required to be given under this agreement shall be in writing and shall be sent to the electronic mail address of the Licensor, Admin@AdMuncher.com or such other address as the recipient may designate by notice given in accordance with this clause. Any such notice shall be deemed to have been served on transmission by the sender.
21. This agreement shall be governed by and construed in accordance with the laws for the time being in force in the State of New South Wales, Australia and the parties agree to submit to the jurisdiction of the courts and tribunals of that State.
22. Any dispute or difference arising in connection with this agreement shall be submitted to arbitration in accordance with, and subject to, the Rules for the Conduct of Commercial Arbitrations of the Institute of Arbitrators and Mediators, Australia. During such arbitration, both parties may be represented by a duly qualified legal practitioner.