END USER LICENSE AGREEMENT (EULA)
ATTENTION! PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SITE AND DOWNLOADING ANY SOFTWARE. YOU AGREE TO EACH OF THE FOLLOWING TERMS AND CONDITIONS WHEN DOWNLOADING ANY SOFTWARE FROM THIS SITE.
This copy of GoodBinder Imaginary ("the Software Product") and accompanying documentation is licensed and not sold. This Software Product is protected by copyright laws and treaties, as well as laws and treaties related to the other forms of intellectual property. GoodBinder, Inc. or its subsidiaries, affiliates, and suppliers (collectively "Goodbinder") own intellectual property rights in the Software Product. The Licensee's ("you" or "your") licensed download, use, copy, or change the Software Product is subject to these rights and to all the terms and conditions of this End User License Agreement ("Agreement").
THIS IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND Goodbinder. BY DOWNLOADING, INSTALLING, COPYING, RUNNING, OR USING ANY CONTENT OF THIS SITE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO OUR TERMS, YOU MAY NOT DOWNLOAD ANY CONTENT OR SOFTWARE, AND YOU MUST DESTROY ANY COPIES IN YOUR POSSESSION.
IF YOU ARE UNDER 18, YOU MUST HAVE YOUR PARENT OR GUARDIAN'S PERMISSION BEFORE YOU USE OUR SITES OR DOWNLOAD SOFTWARE. IN AN EFFORT TO COMPLY WITH THE CHILDREN'S ONLINE PRIVACY PROTECTION ACT, WE WILL NOT KNOWINGLY COLLECT PERSONALLY IDENTIFIABLE INFORMATION FROM CHILDREN UNDER THE AGE OF 13.
THIS AGREEMENT MAY BE MODIFIED BY US FROM TIME TO TIME. IF YOU BREACH ANY TERM IN THIS AGREEMENT YOUR RIGHT TO USE THE SOFTWARE AND CONTENT WILL TERMINATE AUTOMATICALLY.
1. Delivery of Advertising
BY ACCESSING THE SITES AND DOWNLOADING THE CONTENT, YOU HEREBY GRANT US PERMISSION TO DISPLAY PROMOTIONAL INFORMATION, ADVERTISEMENTS, AND OFFERS FOR THIRD PARTY PRODUCTS OR SERVICES (COLLECTIVELY "ADVERTISING"). THE ADVERTISING MAY INCLUDE, WITHOUT LIMITATION, CONTENT, OFFERS FOR PRODUCTS OR SERVICES, DATA, LINKS, ARTICLES, GRAPHIC OR VIDEO MESSAGES, TEXT, SOFTWARE, MUSIC, SOUND, GRAPHICS OR OTHER MATERIALS OR SERVICES. THE TIMING, FREQUENCY, PLACEMENT AND EXTENT OF THE ADVERTISING CHANGES ARE DETERMINED IN OUR SOLE DISCRETION. YOU FURTHER GRANT US PERMISSION TO COLLECT AND USE CERTAIN AGGREGATE INFORMATION IN ACCORD WITH OUR PRIVACY POLICY.
2. Your Obligations
YOU MAY NOT USE ANOTHER PERSON'S NAME OR INFORMATION ON OUR SITES. YOU AGREE TO USE THE SITES AND CONTENT ONLY FOR LAWFUL PURPOSES. YOU AGREE NOT TO TAKE ANY ACTION THAT MIGHT COMPROMISE THE SECURITY OF THE SITES, RENDER THE SITES INACCESSIBLE TO OTHERS OR OTHERWISE CAUSE DAMAGE TO THE SITES OR THE CONTENT. YOU AGREE NOT TO USE THE SITES IN ANY MANNER THAT MIGHT INTERFERE WITH OUR OR OUR PARTNER'S RIGHTS. YOU REPRESENT AND WARRANTS THAT (A) YOU ARE THE OWNER OR AN AUTHORIZED USER OF THE COMPUTER THAT THE CONTENT IS INSTALLED ON, (B) YOU WILL USE THE CONTENT, AND THE SITES ONLY FOR LAWFUL PURPOSES, AND WILL COMPLY AT ALL TIMES WITH ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS, AND (C) YOU ARE AT LEAST THIRTEEN YEARS OF AGE. PERSONS UNDER THIRTEEN YEARS OF AGE MAY NOT USE THE CONTENT. YOU AGREE NOT TO USE ANY AUTOMATED OR MANUAL PROCESS TO INTERFERE WITH, MODIFY, OR ATTEMPT TO INTERFERE WITH OR MODIFY THE CONTENT, EXCEPT TO UNINSTALL THE SAME AS PROVIDED HEREIN. YOU ACKNOWLEDGE SOLE RESPONSIBILITY FOR INSTALLING APPROPRIATE ANTI-VIRUS SOFTWARE AND OTHER SECURITY MEASURES ON YOUR COMPUTER. YOU MAY NOT USE, OR EXPORT THE CONTENT IN VIOLATION OF APPLICABLE LAWS OR REGULATIONS.
3. Grant of License
WE GRANT YOU A NON-EXCLUSIVE, NON-TRANSFERABLE AND NON-ASSIGNABLE LICENSE TO USE THE CONTENT. YOU MAY NOT RENT, LEASE, SELL, REDISTRIBUTE, SUBLICENSE OR OTHERWISE TRANSFER THE CONTENT. YOU MAY MAKE ONE ARCHIVAL COPY OF THE SOFTWARE PRODUCT. THE ARCHIVED COPY MUST BE ON A STORAGE MEDIUM OTHER THAN A HARD DRIVE AND CAN ONLY BE USED FOR REINSTALLATION OF THE ORIGINAL SOFTWARE WHEN MOVING TO ANOTHER SERVER.
4. Termination
THIS LICENSE WILL IMMEDIATELY TERMINATE IF YOU VIOLATE ANY PROVISION OF THIS AGREEMENT. WE MAY ALSO TERMINATE THIS LICENSE AT ANY TIME WITHOUT NOTICE.
5. Ownership
WE OWN THE INTELLECTUAL PROPERTY OF THE ORIGINALLY DOWNLOADED SOFTWARE. THIS LICENSE IS NOT A SALE AND DOES NOT RENDER YOU THE OWNER OF A COPY OF THE CONTENT. OWNERSHIP OF THE CONTENT AND ALL COMPONENTS AND COPIES THEREOF WILL AT ALL TIMES REMAIN WITH US, REGARDLESS OF WHO MAY BE DEEMED THE OWNER OF THE TANGIBLE MEDIA ON WHICH THE CONTENT IS COPIED, ENCODED OR OTHERWISE FIXED. YOU, IF YOU ENHANCE THE SOFTWARE WITH YOUR OWN PLUGINS, THEN YOU OWN THE RIGHTS TO THOSE ADDITIONS OR PLUGINS. YOU MAY DISTRIBUTE THOSE PLUGINS THAT YOU OWN THE RIGHT TO. YOU MAY ALSO DISTRIBUTE THOSE PLUGINS TO OTHER VERSIONS OF the Software Product.
6. Disclaimer of Warranties
WE PROVIDE ALL CONTENT "AS IS," "WITH ALL FAULTS," AND WITHOUT ANY WARRANTY WHATSOEVER. ALL SOFTWARE ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WE DO NOT WARRANT ANY PART OF THE CONTENT NOR DO WE REPRESENT THE CONTENT WILL MEET YOUR NEEDS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE CONTENT IS WITH YOU AND YOUR KNOWLEDGE OF THE SETUP PROCESS OR OTHER THIRD PARTY PRODUCTS THAT MAY INTERFACE WITH THE SOFTWARE.
7. Exclusive Remedy
IF YOU ARE DISSATISFIED WITH the Software Product, THE CONTENT OR THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING IT AND UNINSTALL IT FROM YOUR SYSTEM.
8. Limitations of Liability
WE ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, EQUIPMENT DOWNTIME, LOSS OF DATA, OR LOST PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY INSTALLING OR USING THE SOFTWARE, YOU ACCEPT SOLE RESPONSIBILITY FOR ALL CONSEQUENCES ARISING THEREFROM AND ACKNOWLEDGES THAT NO CLAIM WHATSOEVER WILL BE MADE AGAINST US OR OUR LICENSORS, DISTRIBUTORS, AGENTS, EMPLOYEES OR AFFILIATES.
9. Third-Party Advertisers
WE MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING THIRD-PARTY OR PARTNER OFFERS, YOU AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED, OR AS THE RESULT OF THE DELIVERY OR DISPLAY OF THE OFFERS. WE ARE NOT RESPONSIBLE FOR THE TERMS AND CONDITIONS OF ANYTHIRD-PARTY OR PARTNER WEBSITES. WE MAKE AN EFFORT TO SCREEN ALL OFFERS TO ENSURE THE BEST POSSIBLE EXPERIENCE FOR OUR USERS. YOU ARE HOWEVER RESPONSIBLE FOR AND MUST CAREFULLY REVIEW EACH PARTNER OFFER AND READ THEIR TERMS AND CONDITION, AND THE PRIVACY POLICY.
10. Restrictions on Use
You may not use, copy, or install the Software Product on more than one computer, or permit the use, copying, or installation of the Software Product by more than one user on more than one computer. If you hold multiple, valid licenses, you may not use, copy, or install the Software Product on any system with more than the number of computers permitted by the license, or permit the use, copying, or installation by more users, or on more computers than the number permitted by license.
Attempting to decompile, "reverse-engineer", disassemble, or otherwise attempt to derive the source code for the Software Product is strictly prohibited
11. TREATMENT OF PERSONAL INFORMATION
THE USER EXPRESSLY AUTHORIZES THE USE OF THEIR ELECTRONIC MAIL ADDRESS AND OTHER MEANS OF ELECTRONIC COMMUNICATION SO THAT we MAY USE SAID MEANS OF COMMUNICATION AND FOR THE DEVELOPMENT OF INFORMED PURPOSES. WE INFORM YOU THAT THE PERSONAL INFORMATION OBTAINED WILL BE STORED ON A PRIVATE NETWORK.
UPON PROVIDING YOUR INFORMATION, YOU DECLARE TO BE FAMILIAR WITH THE CONTENTS HERE IN AND EXPRESSLY AUTHORIZE THE USE OF THE DATA FOR THE INFORMED PURPOSES. GoodBinder MAY REVOKE THIS CONSENT AT ANY TIME, WITHOUT RETROACTIVE EFFECTS.
GoodBinder COMMITS TO COMPLYING WITH ITS OBLIGATION AS REGARDS SECRECY OF PERSONAL INFORMATION AND ITS DUTY TO TREAT THE INFORMATION CONFIDENTIALLY ,AND TO TAKE THE NECESSARY TECHNICAL, ORGANIZATIONAL AND SECURITY MEASURES TO AVOID THE ALTERING, LOSS, AND UNAUTHORIZED HANDLING OR ACCESS OF THE INFORMATION, IN ACCORDANCE WITH THE RULES ESTABLISHED IN THE PROTECTION OF PERSONAL INFORMATION ACT AND THE APPLICABLE LAW.
UNLESS OTHERWISE ENTERED BY YOU, GoodBinder ONLY OBTAINS AND RETAINS VERY LIMITED INFORMATION ABOUT VISITS TO OUR SITE: THE DOMAIN NAME OF THE OF THE PROVIDER (ISP) AND/OR THE IP ADDRESS THAT GIVES THEM ACCESS TO THE NETWORK.
THE DATE AND TIME OF ACCESS TO OUR WEBSITE. THE INTERNET ADDRESS FROM WHICH THE LINK THAT THAT LEADS TO OUR WEB SITE ORIGINATED. THE TYPE OF BROWSER CLIENT. THE CLIENT'S OPERATING SYSTEM. THIS INFORMATION IS ANONYMOUS, NOT BEING ABLE TO BE ASSOCIATED WITH A SPECIFIC , IDENTIFIED USER. GOODBINDER USES COOKIES, SMALL INFORMATION FILES GENERATED ON THE USER'S COMPUTER, WITH THE AIM OF OBTAINING THE FOLLOWING INFORMATION: THE DATE AND TIME OF THE MOST RECENT VISIT TO OUR WEB PAGE. SECURITY CONTROL ELEMENTS TO RESTRICTED AREAS.
12. Limitation and Remedies of Damages
Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the Software Product. Selection of whether to correct or replace shall be solely at the discretion of GoodBinder. GoodBinder reserves the right to replace the defect with a functional equivelant of the Software Product as a replacement. If GoodBinder is unable to provide a replacement or substitute Software Product or corrections to the Software Product, your sole alternate remedy shall be a refund of the purchase price for the Software Product exclusive of any costs for shipping and handling.
Any claim must be made within the applicable warranty perdiod. If no warranty period is specified, then any claim must be made within onde (1) day of installation. All Warranties cover only defects arising under normal use and do not unclude malfunctions or failure resulting from misues, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by GoodBinder to have been caused by you. All limited warranties on the Software Product are granted only to you and are non-transferable. You agree to indemnify and hold GoodBinder harmless from all claims, judgements, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.
13. Governing Law, Jurisdiction and Costs
This Agreement is governed by the laws of Deleware, without regard to Deleware's conflict or choice of law provisions.
14. Severability
If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.