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Thank you for trying out the inclue!™ Webfeed reader software!
Our lawyers said it is impossible to give away software without making everyone agree to a couple of things first.
Therefore, would you please take a moment to read the following agreement before clicking on that enticing "I Agree" button!
By using this software, including any third party software or other materials made available with this software you agree to be bound by the following terms and conditions:
LICENSE AGREEMENT, CLICK-WRAP END USER
This EULA is a binding legal agreement between you and Inclue!, inc. (hereinafter "Licensor") for the materials accompanying this EULA, including the accompanying computer software, associated media, printed materials and any "online" or electronic documentation (hereinafter the "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, do not install or attempt to use the Software.
Non-commercial Use Only
inclue!™ is made available for your non-commercial use only. This means that you may use it at work or at home, to read any Webfeed you want.
But, if you want to sell the inclue!™ Webfeed Reader or any information, services, or software associated with or derived from it, or if you want to modify, copy (except as provided below), license, or create derivative works from it you must first obtain MailTail Inc`s permission. In which case, please send an email to admin@inclue.com.
Furthermore, you must please refrain from using inclue!™ in any manner that could damage, disable, overburden, or impair Inclue! Inc`s services (e.g., you may not use inclue!™ in an automated manner), nor may you use inclue!™ in any manner that could interfere with any other party`s use and enjoyment of Inclue! Inc`s services.
You may make copies of inclue!™ and distribute such copies to others within your or your employer`s organization provided that any such recipient has had an opportunity to review and agree to be bound by these Terms and Conditions. If others in your organization do not have this opportunity to review and agree and you would still like to distribute copies to them, you may do so provided that you have the legal right to bind your organization (and others within your organization) to these Terms and Conditions. If you do not have this right and the recipients do not have an opportunity to review and agree to these Terms and Conditions, please do not distribute inclue!™ to them. If you have any questions regarding the terms of distribution, please send an email to admin@inclue.com.
If you have comments on inclue!™ or ideas on how to improve it, please email admin@inclue.com. Please note that by doing so, you also grant Inclue! and third parties permission to use and incorporate your ideas or comments into inclue!™ (or third party software) without further compensation.
Intellectual Property
You acknowledge that Inclue! or third parties own all rights, title and interest in and to inclue!™, portions thereof, or software provided through or in conjunction with inclue!™, including without limitation all Intellectual Property Rights. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree not to modify, adapt, translate or prepare derivative works from inclue!™. You also agree to not remove, obscure, or alter Inclue! Inc`s or any third party`s copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through inclue!™.
Disclaimer of Warranties
Inclue! and any third party who makes its software available in conjunction with or through inclue!™ disclaim any responsibility for any harm resulting from your use of inclue!™ and/or any third party software accessed in conjunction with or through inclue!™.
INCLUE!™ AND ANY THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH INCLUE!™ ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. INCLUE! AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. INCLUE! AND ANY THIRD PARTY WHO MAKES ITS SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE GOOGLE TOOLBAR DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF INCLUE!™AND SUCH THIRD PARTY SOFTWARE.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE INCLUE!™ AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE INCLUE!™ AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF INCLUE!™ AND SUCH THIRD PARTY SOFTWARE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL INCLUE! OR ANY THIRD PARTY WHO MAKES ITS SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH INCLUE!™ BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER`S USE OR MISUSE OF INCLUE!™ OR SUCH THIRD PARTY SOFTWARE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF INCLUE! AND/OR A THIRD PARTY SOFTWARE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON INCLUE!™ AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH INCLUE!™, FROM INABILITY TO USE INCLUE!™ AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH INCLUE!™, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF INCLUE!™ AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH INCLUE!™ (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Inclue!`s Webfeed Service
inclue!™ is designed to be used in conjunction with Inclue! Inc`s Webfeed services. Accordingly, your use of inclue!™ is also defined by Inclue! Inc`s Terms of Service and Privacy Policy.
Export Restrictions
You may not export, ship, transmit or re-export software in violation of any applicable law or regulation including but not limited to Export Administration Regulations issued by the U. S. Department of Commerce.
Arbitration
Any dispute arising under this agreement will be subject to binding arbitration by a single Arbitrator with the American Arbitration Association (AAA), in accordance with its relevant industry rules, if any. The parties agree that this agreement will be governed by and construed and interpreted in accordance with the laws of the State of California. The arbitration will be held in California. The Arbitrator will have the authority to grant injunctive relief and specific performance to enforce the terms of this agreement Judgment on any award rendered by the Arbitrator may be entered in any Court of competent jurisdiction.
Miscellaneous Provisions
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of California, without giving effect to the conflict of laws provisions of California or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect.
These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by Inclue! and/or a third party who make its software available in conjunction with or through inclue!™.
April 2006