PLEASE
READ THIS END USER LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE
CHOOSING THE "YES" OPTION BELOW. BY CHOOSING "YES" YOU ARE AGREEING TO
BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS
OF THIS LICENSE, THEN ErrorSmart.com, INC. (HEREINAFTER COLLECTIVELY
"ErrorSmart.com Inc") DOES NOT CONSENT TO LICENSE THE SOFTWARE TO YOU,
AND YOU SHOULD NOT USE THE SOFTWARE. BY INSTALLING, DOWNLOADING,
COPYING, OR OTHERWISE USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE
READ THESE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE BOUND
BY THEM. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT
AUTHORIZED AND MAY NOT USE THE SOFTWARE.
1. LICENSE
The "ErrorSmart.com Inc" software and/or programs (the "’ErrorSmart.com
Inc’ Program[s]" or "program[s]"), documentation and any fonts
accompanying this License whether on disk, in read only memory, on any
other media or in any other form are licensed to you by "ErrorSmart.com
Inc." You own the media on which the program(s) is recorded but
"ErrorSmart.com Inc" retains title to the "ErrorSmart.com Inc"
Program(s). The "ErrorSmart.com Inc" Program(s) and any copies that
this License authorizes you to make are subject to this License.
2. PERMITTED USES AND RESTRICTIONS
This License allows you to install and use the "ErrorSmart.com Inc"
Program(s) on your private computer. Any saved or archived
"ErrorSmart.com Inc" Program(s) must include all copyright information
and related License documentation contained on the original. You may
NOT decompile, reverse engineer, disassemble, modify, rent, lease,
distribute, make any commercial use of or create derivative works based
upon the "ErrorSmart.com Inc" Program(s) in whole or part. Your rights
under this License will terminate automatically without notice from
"ErrorSmart.com Inc" Program(s) if you fail to comply with any term(s)
of this License.
3. PERSONAL USE ONLY RESTRICTIONS
The "ErrorSmart.com Inc" Program(s) is made available for your
personal, non-commercial use only. You may not modify, copy,
distribute, transmit, display, perform, reproduce, publish, license,
create derivative works from, transfer, or sell any information,
software, products or services obtained from the "ErrorSmart.com Inc"
Program(s). Use of the "ErrorSmart.com Inc" Program(s) for any purpose
other than personal use is expressly forbidden. Registration key is
valid for an unlimited time, unless stated otherwise.
4. ACKNOWLEDGEMENT OF UPDATES
Errorkiller IS NOT ADWARE AND WILL NEVER DOWNLOAD ADWARE OR SPYWARE
APPLICATIONS ONTO YOUR PC. However, you acknowledge that the
"ErrorSmart.com Inc" Program(s) include technology which allows
"ErrorSmart.com Inc" to provide updates to the software directly to
your computer. By installing, downloading, copying, updating or
otherwise using the "ErrorSmart.com Inc" Program(s), you specifically
agree to include and/or accept the noted software and technology
through which "ErrorSmart.com Inc" keeps "Errorkiller" or other
"ErrorSmart.com Inc" programs current as a condition to using the
"ErrorSmart.com Inc" Program(s). Note that Errorkiller allows the user
to select from three (3) methods of updating the definition database:
1 download updates automatically and notify me when the update is available to install.
2 notify me when an update is available and only download and install when I click "Yes."
3 disable auto-update. I'll check for all update manually.
Upon installation, the second option ( 2 - notify me when an update is
available and only download and install when I click "Yes.") is the
default and will be used unless the user specifies otherwise.
5. COMPLIANCE WITH LAWS
As a condition precedent to your use of the "ErrorSmart.com Inc"
Program(s), you agree to comply with all laws and regulations
applicable to your use of "ErrorSmart.com Inc" Program(s) including but
not limited to US and international copyright and all intellectual
property laws, obscenity, possession and distribution of child
pornography, violence against racial and/or gender groups, and other
prohibited pornographic materials pursuant to federal, state and local
laws. You acknowledge that images, portrayals, depictions, or other
representations of public events and personalities, if any, qualify as
a "fair use" and/or "parody" under state, federal and international
definitions thereof. Finally, you acknowledge that the "ErrorSmart.com
Inc" Program(s) is a personal search tool and may
NOT be used to:
- Transmit any content that is unlawful, harmful, threatening, abusive,
harassing, defamatory, vulgar, obscene, invasive of another's privacy,
hateful, or racially, ethnically or otherwise objectionable;
- Harm minors in any way;
- Impersonate any person or entity or falsely state or otherwise
misrepresent your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to
disguise the origin of any content transmitted through any means;
- Transmit any content that you do not have a right to transmit under
any law or under contractual or fiduciary relationships (such as inside
information, proprietary and confidential information learned or
disclosed as part of employment relationships or under nondisclosure
agreements);
- Transmit any content that infringes any patent, trademark, trade
secret, copyright or other proprietary rights of any party;
- Transmit any material that contains software viruses or any other
computer code, files or programs designed to interrupt, destroy or
limit the functionality of any computer software or hardware or
telecommunications equipment;
- Intentionally or unintentionally violate any applicable local, state,
national or international law, including securities exchange and any
regulations having the force of law;
- "Stalk" or otherwise harass another; or
- Collect or store personal data about other users. You acknowledge and
agree that "ErrorSmart.com Inc" may preserve content and may also
disclose content if required to do so by law or in the good faith
belief that such preservation or disclosure is reasonable necessary to:
(a) comply with legal process;
(b) enforce this Agreement;
(c) respond to claims that any content violates the rights of third-parties; or
(d) protect the rights, property, or personal safety of "ErrorSmart.com Inc", its users and the public.
- Monitor network traffic or make search requests in order to
accumulate information about individual users.
6. DISCLAIMER OF WARRANTIES
THE "ErrorSmart.com Inc" PROGRAM(S) IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. "ErrorSmart.com Inc" MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE
"ErrorSmart.com Inc" PROGRAM(S) OR THE USE OR THE RESULTS OF THE USE OF
THE"ErrorSmart.com Inc" PROGRAM(S). YOU EXPRESSLY AGREE THAT YOUR USE
OF THE "ErrorSmart.com Inc" PROGRAM(S) IS AT YOUR SOLE RISK.
"ErrorSmart.com Inc" EXPRESSLY DISCLAIMS 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. "ErrorSmart.com Inc" DISCLAIMS ANY WARRANTIES REGARDING THE
SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES.
"ErrorSmart.com Inc" DISCLAIMS, ANY WARRANTIES FOR ANY INFORMATION OR
ADVICE OBTAINED THROUGH THE "ErrorSmart.com Inc" PROGRAM(S).
"ErrorSmart.com Inc" DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS
RECEIVED THROUGH THE "ErrorSmart.com Inc" PROGRAM(S) OR RECEIVED
THROUGH ANY PROVIDED BY THE "ErrorSmart.com Inc" WEB SITE OR ANY USE OF
THE "ErrorSmart.com Inc" PROGRAM(S). "ErrorSmart.com Inc" DOES NOT
WARRANT THAT THE "ErrorSmart.com Inc" PROGRAM(S), THE "ErrorSmart.com
Inc" SERVERS, OR E-MAIL SENT FROM "ErrorSmart.com Inc" ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR
THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO
YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS
MAY NOT APPLY TO YOU.
7. LIMITATION OF LIABILITY
IN NO EVENT SHALL "ErrorSmart.com Inc" BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
NEGLIGENCE, DEFAMATION, COPYRIGHT OR ANY OTHER CLAIMS, ARISING OUT OF
OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE
"ErrorSmart.com Inc" PROGRAM(S) , WITH THE DELAY OR INABILITY TO USE
THE "ErrorSmart.com Inc" PROGRAM(S) , THE PROVISION OF OR FAILURE TO
PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS OBTAINED THROUGH THE "ErrorSmart.com Inc"
PROGRAM(S) OR OTHERWISE ARISING OUT OF THE USE OF THE "ErrorSmart.com
Inc" PROGRAM(S), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF USER HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES.
BECAUSE CERTAIN STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE
"ErrorSmart.com Inc" PROGRAM(S) , OR WITH ANY OF THESE TERMS OF USE,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE
"ErrorSmart.com Inc" PROGRAM(S) .
8. COPYRIGHT
"ErrorSmart.com" and other "ErrorSmart.com Inc" Program(s) and are the
property of "ErrorSmart.com Inc" and protected by United States and
international copyright laws.
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