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Emergency Soft & End User License Agreement
By choosing or clicking 'I Agree' in the installation application, which initiates the installation of the Whois Domain Checker software application on your personal computer, you agree to be legally bound by the terms and conditions that follow. Permission to install the software application, Whois Domain Checker, is granted only when these terms and conditions are agreed to and stated herein.
This agreement is between You (End User), who may herein after also be referred to as the 'Licensee', who has the authority to install the software, and Emergency Soft, who may herein after also be referred to as the 'Licensor.' This agreement will apply to the downloaded software application and the installation program that will be used to install the software, and all subsequent applications, updates and modifications which may also be referred to collectively as the software.
1. License Uses
By agreeing to the terms and conditions of this agreement, acknowledged by the actions stated above, the Licensor gives you, the Licensee, a non exclusive, non commercial, non transferable, revocable, limited license to the software for use on one computer.
2. License Restrictions
The licensee shall not allow any other person or entity to reverse engineer, decompile, disassemble, modify, translate, or otherwise attempt to gain an understanding of the internal workings of the software or attempt to create derivative works as defined by the applicable Copyright Act.
3. Conditions of Use
The software may be updated by way of enhancements, modifications, or other changes, which will be determined solely by the Licensor from time to time. Such updates may or may not be available free of charge and the Licensee agrees that the Licensor has no obligation to provide any updates.
It is hereby agreed and understood that the software, services, and documentation, including but not limited to all rights, title, interest, copyright, intellectual property, trademarks, works of art, music and logos are property of the Licensor and are protected by proprietary rights, trademarks, copyrights, international treaties, service marks and laws protecting intellectual property rights. The term intellectual property rights applies to anyone worldwide without being limited to country or jurisdiction, and has the same meaning in this agreement as trade secrets, patent rights, copyright, any rights not mentioned herein, and proprietary rights without limitation. It is agreed and understood that all rights are reserved to the Licensor.
5. Disclaimer of Warranty by Emergency Soft
Although reasonable efforts are made to ensure that the software provided will operate as intended on your computer by testing the software on numerous test machines with different browsers and operating environments, Whois Domain Checkerhas no control over your computer or how the software will perform on your particular machine. Therefore, use of the Whois Domain Checkersoftware is at your sole risk. The software is provided as is and without warranties of any kind, either implied, expressed, or statutory, including and without limitation to any verbal warranties, fitness for a particular use or application, accuracy of application or content, merchantability, ability to operate or integrate into any particular system or environment, non-infringement, title or custom.
6. Limitation of Liability
You acknowledge and agree that under no circumstances will the Licensor, officers, directors, employees' parents, subsidiaries, agents, affiliates, contractors, distributors, third party vendors, or any other party associated with or working with the Licensor, collectively known as the 'protected parties', be liable to you or any third party for any and all direct, special, punitive, incidental, consequential, indirect, or exemplary damages or other relief arising out of or related to this agreement or to your use of or inability to use the software or any unwanted or adverse effect of the software, without limitation. The protected parties will under no circumstances be liable for lost profits, lost opportunity, lost business, lost goodwill, or other tangible and intangible losses regardless of the legal theory on which any claim is brought even if the company has been advised of the probability of such damages or if such damage could have been reasonably foreseen.
You expressly agree to indemnify and hold Whois Domain Checker and its associated parties, (the 'Protected Parties' as identified elsewhere in this agreement), harmless from any and all claims or demands, including but not limited to attorneys' fees made by you or any third party in connection with or arising from your use of the software, your violation of any of the terms and conditions of this agreement and the subsequent license to use the software, your violation of any applicable laws, or your violation of any rights of another person or entity.
8. Severability; No General Waiver
In the event that any one or more of the provisions contained herein or in any instrument referred to herein shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, then to the maximum extent permitted by law, such provision or provisions shall be judicially reformed consistent with the Licensor's' intentions so as to be valid, legal and enforceable, and such invalidity, illegality or unenforceability shall not affect any other provision of this agreement or such other instrument contained herein. The failure of the Licensor to exercise or enforce any right or provision of this software license or any provisions under this agreement shall not constitute a waiver of such right or provision.
9. Successor Agreements
The Licensor may change the terms of this agreement from time to time. The Licensee agrees to check the Licensor's website (www.whoisdomainchecker.com), where the latest copy of the agreement will be posted, for any material changes. The Licensee expressly agrees that the continued use of any software provided by Whois Domain Checkerafter the effective date of any change will constitute the Licensee's consent to any such revised agreement. If at any time the Licensee does not accept any such revision, the Licensee must remove the software from the computer it was installed on. If the Licensee does not remove the software, this will indicate acceptance of the current agreement, as posted on the Licensor's website for the software.
10. Term, Termination, Survival
This agreement shall remain in effect on perpetuity unless it is terminated as described below.
This agreement will immediately terminate in the event of any unauthorized use including but not limited to unauthorized use, copying, modifications, distribution, or any other actions that are prohibited as outlined elsewhere in this agreement. The Licensee may terminate this agreement at any time by erasing or destroying any and all copies of the software and any products or works related to the software which is in the Licensee's possession.
12. Effect of Termination
Upon termination, of this agreement, the rights and licenses granted to the Licensee under this agreement will immediately terminate. The Licensee will immediately remove and destroy all copies of the software in the Licensee's possession.
13. Entire Agreement
This agreement and the enclosed terms constitute the entire contract between the Licensee and the Licensor as it relates to the installation and use of the software provided by the Licensor to the Licensee via download initiated by the Licensee after having agreed to all of the terms of this agreement and having duly exercised acceptance via electronic signature as defined elsewhere in this agreement. This agreement supersedes all previous agreements. There are no verbal agreements or inferred agreements.
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