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END USER LICENSE AGREEMENT FOR TubeThumper.com SOFTWARE
IMPORTANT-READ CAREFULLY: Be sure to carefully read and understand all of the rights and restrictions described in this TubeThumper.com End-User License Agreement ("EULA"). In order to install and use the SOFTWARE, you must accept the terms of this EULA. If you do not accept the terms, you must not install the software. If you do not accept the terms of this EULA and you have already installed the SOFTWARE, you must uninstall the software immediately.
This EULA is a legal agreement between you (either an individual or a single entity) and TubeThumper.com for the TubeThumper.com software accompanying this EULA, which includes the accompanying computer software, and may include associated media, printed materials and any "online" or electronic documentation ("SOFTWARE"). By installing the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you may not install or use the SOFTWARE.
TubeThumper User Agreement
1. TubeThumper, including any demos, (the "Product") is software for which you are purchasing a nontransferable license to use the Product which Product, including any feature, may not be altered. This Product may only be used by persons aged 18. This Product may not be used to contact persons under the age of 18 for any reason.
2. Use of this Product to send unsolicited comments, information, or materials is prohibited.
3. You agree to use this Product for your own, lawful purposes only. Such prohibited activities include, by way of example and not limitation, sending communications that contain child pornography; obscene or offensive materials; threats of harm or stalking; unsolicited commercial emails as defined by the CAN SPAM act; harassments; encouragements of violence, destruction of property, insurrection, or terrorism; fraudulent schemes; impersonations of other persons with intent to deceive; copyrighted material; and computer viruses, worms, and spiders.
4. TubeThumper is not associated with any search engine or site, and you agree to abide by all the terms and conditions of any search engines/sites for which you use this Product including by way of example and not limitation, restrictions on the content and number of communications that you may send, however described, within any given time period as those sites may from time to time establish. Accordingly TubeThumper is not warranted or guaranteed as acceptable for use by any search engine/site presently or hereafter. You agree to accept responsibility for your use of this Product and any consequence or fine imposed upon you by any governmental entity, third party, or website and to indemnify and hold harmless the owner of this Product for any claims made resulting from your use of this Product. By purchasing and using this Product, you waive and release any claim for damages, indemnity, or reimbursement against the owner of this Product for any claims or fines imposed upon you for use of the Product.
5. A violation of this Agreement, or use of the Product in violation of any law or rules of any search engine shall constitute an immediate revocation of the license to use the Product granted herein.
6. All sales herein are final. There will be no refunds, credits, or exchanges. There are no warranties, express or implied concerning this Product. The Product is being purchased "AS IS" and with all faults. The warranty of any fitness of this Product for your particular purpose is disclaimed. In addition to the limitations of liability referred to in section 4 above; further, you agree that the owner of the Product`s liability to you for any claim of damages, under any theory, is limited to the fees paid by you for license of the Product. You agree that the foregoing limitation on damages liability is a term material to the price you are paying that is lower then would otherwise be offered to you without said term. If you dispute a charge to your credit card issuer or take any action that results in a payment being reversed that, in our sole discretion is a valid charge under the provisions of the TOS, you agree to pay us an Administrative Fee" of $100.
SOFTWARE PRODUCT LICENSE
The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold.
GRANT OF LICENSE. This EULA grants you the following rights:
-Software. You may install, use, access, display, run, or otherwise interact with ("RUN") one copy of the SOFTWARE, on a single computer. The primary user of the COMPUTER on which the SOFTWARE is installed may make a second copy for his or her exclusive use on a portable computer.
-Reservation of Rights. All rights not expressly granted are reserved by TubeThumper.com.
You must maintain all copyright notices on all copies of the SOFTWARE.
Limitations of Reverse Engineering, Decompilation and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that such activity is permitted by applicable law notwithstanding this limitation.
-Rental. You may not rent or lease or lend the SOFTWARE.
-Software Transfer. You may permanently transfer all of your rights under this EULA one time, provided you retain no copies, you transfer all of the SOFTWARE (including all component parts, the media and printed materials, any upgrades, this EULA and, if applicable, the Certificate of Authenticity), you do not receive any payment or other compensation for transferring the SOFTWARE and the recipient agrees to the terms of this EULA.
-Support Services. TubeThumper.com may provide you with support services related to the SOFTWARE in its discretion
-Replacement, Modification and Upgrade of the Software. TubeThumper.com reserves the right to replace, modify or upgrade the SOFTWARE at any time by offering you a replacement or modified version of the SOFTWARE. Any such replacement or modified software code or upgrade to the SOFTWARE offered to you by TubeThumper.com shall be considered part of the SOFTWARE and subject to the terms of this EULA (unless this EULA is superceded by a further EULA accompanying such replacement or modified version of or upgrade to the SOFTWARE). SOFTWARE upgrades and modifications may automatically take place without user intervention via the Internet when an Internet connection is available. In the event that TubeThumper.com offers a replacement or modified version of or any upgrade to the SOFTWARE, (a) your continued use of the SOFTWARE is conditioned on your acceptance of such replacement or modified version of or upgrade to the SOFTWARE and any accompanying superceding EULA and (b) in the case of the replacement or modified SOFTWARE, your use of all prior versions of the SOFTWARE is terminated.
All title and copyrights in and to the SOFTWARE (including but not limited to any images, text and GIU designs incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, are property of TubeThumper.com. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE 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. If this SOFTWARE contains documentation which is provided only in electronic form, you may print one copy of such electronic documentation.
You agree that you will not export or re-export the SOFTWARE, any part thereof, or any process or service that is the direct product of the SOFTWARE (the foregoing collectively referred to as the "Restricted Components"), to any country, person or entity subject to U.S. export restrictions. You specifically agree not to export or re-export any of the Restricted Components (i) to any country to which the U.S. has embargoed or restricted the export of goods or services, which currently include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria, or to any national of any such country, wherever located, who intends to transmit or transport the Restricted Components back to such country; (ii) to any person or entity who you know or have reason to know will utilize the Restricted Components in the design, development or production of nuclear, chemical or biological weapons; or (iii) to any person or entity who has been prohibited from participating in U.S-export transactions by any federal agency of the U.S. government. You warrant and represent that neither the U.S. Commerce Department, Bureau of Export Administration nor any other U.S. federal agency has suspended, revoked or denied your export privileges.