asRep: Google AdSense tracking script End user license agreement
asRep™ Evaluation Copy SOFTWARE LICENSE AGREEMENT
asRep Copyright (c) 2004 by Dr.Mehmet Oner
asRep is a trademark, all rights reserved.
END USER LICENSE AGREEMENT (EULA)
This is an Agreement between the Licensor, Dr.Mehmet Oner, publisher of certain
computer softwares, and the purchaser (Licensee), for the purpose of specifying the
conditions under which Licensee will use the software and related user documentations.
"Software" shall mean the proprietary computer software program, modules and
documentation of asRep Evaluation Copy software supplied to the Licensee by the Licensor.
"Licensee" shall mean an individual or company and includes Licensee`s divisions
and departments within Licensee`s organization at the Licensed websites, if any,
but shall not include wholly or partially owned subsidiaries, affiliates, or
independent third parties.
"Licensed website" shall mean one website within the scope of one (1) domain,
or a subhosted domain if Licensee`s website is hosted under another`s domain.
Licensor hereby grants to Licensee, and Licensee hereby accepts, subject to the
terms and conditions set forth in this Agreement, a non-exclusive and non-transferable
license to use Software as set forth in this Agreement.
This license grants the Licensee the right to:
i. install and test the Software on the domains of Licensee.
ii. give and distribute the Software as it is to third parties for non-profit
purposes only. In doing so, all files that came with the software pack must be
included in the distribution.
In accepting the license granted by Licensor, Licensee agrees that it shall not:
i. sell, rent or lend the copies of Software
ii. include and distribute all or part of the software in other softwares and services.
Any rights not expressly granted to Licensee are retained by Licensor.
4.COPYRIGHT AND PROPRIETARY INFORMATION
Licensee acknowledges that Software and all user`s documentation and other supporting
material constitute valuable property of Licensor and that all title and ownership
rights in Software and related materials remain exclusively with Licensor. Licensor
reserves all rights with respect to Software and user`s documentation under all
applicable laws for the protection of proprietary information, including, but not
limited to, trade secrets, copyrights, trademarks and patents. Except as otherwise
provided in this Agreement, Licensee shall not cause or permit unauthorized copying,
reproduction of disclosure of any portion of the Software, or any instructions,
manuals, or other documentation, or the delivery or distribution of any part
thereof to any third person or entity, for any purpose whatsoever, without the
prior written permission of Licensor. This restriction shall continue to bind
Licensee and its agents and representatives beyond the termination of this Agreement.
The parties to this Agreement will take all reasonable steps to ensure that any
material or information identified by either party to be confidential
("Confidential Information"), which the other party has possession or knowledge of
in connection with this Agreement, will not be disclosed to others, in whole or in
part, without the prior written permission of the other party. Neither party will
have the obligation to maintain the confidentiality of any data or information which
(i) was in the receiving party`s lawful possession prior to receipt from the other
party, (ii) is later lawfully obtained by the receiving party from a third party having
no obligation of secrecy to the other party, (iii) is available to the public through no
act or failure of the receiving party, (iv) is readily available in the public domain, or
(v) is independently developed by the receiving party. The receiving party will
immediately return or destroy any or all Confidential Information that has been
provided to it by the other party, upon the other party`s request.
6.LIMITATION OF WARRANTIES
LICENSEE ACCEPTS SOFTWARE "AS IS", "WITH ALL FAULTS", AND IN LIEU OF ALL OTHER
WARRANTIES AND CONDITIONS, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THOSE FOR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
LICENSOR ACCEPTS NO RESPONSIBILITY FOR THE OPERATION OR PERFORMANCE OF SOFTWARE.
THE ENTIRE RISK OF USE AND CONSEQUENCES OF USE OF SOFTWARE FALLS COMPLETELY ON THE
LICENSEE AND LICENSOR SHALL NOT BE LIABLE IN ANY RESPECT FOR ANY CLAIMS, LOSS OR
INJURY ALLEGED TO HAVE RESULTED FROM USE OF OR IN RELIANCE ON SOFTWARE. IN THIS
RESPECT, LICENSEE SHALL COMPLETELY INDEMNIFY AND DEFEND FOR ANY SUCH CLAIM, LOSS
OR INJURY AS PROVIDED BELOW. LICENSEE ACKNOWLEDGES THAT IT HAS READ THE FOREGOING
DISCLAIMERS OF WARRANTY AND LIMITATION OF LIABILITY AND UNDERSTANDS THAT LICENSEE
ASSUMES THE ENTIRE RISK OF USE OF THE SOFTWARE.
LICENSEE SHALL INDEMNIFY AND DEFEND AGAINST ANY AND ALL CLAIMS, INCLUDING CLAIMS
BY THIRD PARTIES OR EMPLOYEES OF LICENSEE, WHICH ARISE DIRECTLY OR INDIRECTLY OUT OF
LICENSEE`S USE OR OPERATION OF SOFTWARE. LICENSOR SHALL NOT BE LIABLE FOR ANY
INCIDENTAL OR CONSEQUENTIAL DAMAGES SUFFERED BY LICENSEE THROUGH THE USE OF SOFTWARE,
WHETHER OR NOT SUCH DAMAGES WERE DISCLOSED TO, OR REASONABLY FORESEEN.
8.LIMITATION OF LIABILITY.
IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF THE USE OF THE SOFTWARE BY ANY PERSON
OR ORGANIZATION, REGARDLESS OF WHETHER LICENSOR IS INFORMED OF THE POSSIBILITY OF
DAMAGES IN ADVANCE. THESE LIMITATIONS APPLY TO ALL CAUSES OF ACTION, INCLUDING
BREACH OF CONTRACT, BREACH OF WARRANTY, LICENSOR`S NEGLIGENCE, STRICT LIABILITY,
MISREPRESENTATION AND OTHER TORTS.
LICENSEE HAS READ THIS AGREEMENT AND UNDERSTANDS AND
AGREES TO ALL OF ITS TERMS AND CONDITIONS.