Ad Muncher distribution permissions and end-user license agreement
Licensor: Murray Hurps Software Pty Ltd, Australia
Permission to use this software is conditional upon the user agreeing to the terms set out below. The software is offered to the user on condition that these terms are agreed and accepted. Acceptance will bind the user and the user's employees. By clicking the "I Agree" button below, the user will be deemed to have accepted them. The user agrees that this agreement is enforceable like any written agreement negotiated and signed by the user.
1. Ad Muncher was previously Shareware, and after 15 years of development, and over 100,000 wonderful supporters, it is now available as Freeware. The user hereby agrees to be eternally grateful to every single person that helped Ad Muncher over these 15 years. In addition, both the user and Murray Hurps hereby agree that Jeffrey Cole is the most incredible human being on the planet, and someone that Murray will be eternally grateful to have in his life.
2. Ad Muncher may be freely distributed, provided the user does not sell or re-sell Ad Muncher.
3. Ad Muncher is protected by copyright, including without limitation the Australian Copyright Law and international treaty provisions in which it is being used. The user acknowledges that Murray Hurps Software Pty Ltd retains the ownership of all patents, copyrights, trade secrets, trade marks and other intellectual property rights pertaining to Ad Muncher. The user will take no actions that would adversely affect Murray Hurps Software Pty Ltd's intellectual property rights in Ad Muncher. This agreement does not grant the user any intellectual property rights in Ad Muncher.
4. Except as expressly permitted by sections 47B(3), 47C, 47D, 47E or 47F of the Copyright Act 1968 (Cth) and international treaty provisions the user shall not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, underlying ideas, underlying user interface techniques or algorithms of Ad Muncher by any means whatsoever, directly or indirectly, or disclose any of the foregoing.
5. The user shall not modify the whole or any part of Ad Muncher or combine or incorporate the whole or any part of Ad Muncher in any other program or system without the prior consent in writing of the Licensor.
6. Ad Muncher is provided to the user "AS IS" with no warranties for use or performance and the Licensor disclaims any warranty or liability obligations to the user of any kind, whether expressed or implied. Where legislation implies in this agreement any condition or warranty, and that legislation avoids or prohibits provisions in an agreement excluding or modifying application of or exercise of liability under such condition or warranty, the condition or warranty will be deemed to be included in this agreement. However, the liability of the Licensor for any breach of such condition or warranty will be limited, at the option of the Licensor, to one or more of the following:
a. the repair of Ad Muncher; or
b. refund of any fees paid to the Licensor for Ad Muncher.
7. The Licensor is not subject to, and the user releases the Licensor from any additional liability and indemnifies them against any claim, action, suit or proceeding (including but not limited to direct, indirect, consequential loss or damage, removal costs or re-installation costs or liability for loss of use or profit) because of the use of or inability to use Ad Muncher or the provision of or failure to provide support services, any delay in delivery or fault or defect in Ad Muncher even if the Licensor has been advised of the possibility of such damages. The Licensor's entire liability under this agreement shall be limited to the amount paid by the user for Ad Muncher. The user further indemnifies the Licensor against any claim, action suit or proceedings brought by any web site provider in respect of the operation of Ad Muncher by the user.
8. The user expressly acknowledges and agrees that it has not relied upon, and the Licensor is not liable for any advice given by the Licensor, its servants, agents, representatives or employees in relation to the suitability for any purpose of Ad Muncher.
9. The user expressly acknowledges that Ad Muncher may send information to the Ad Muncher servers consisting of the user's registration details (if any), Ad Muncher version details and Ad Muncher installation date and time.
10. This agreement supersedes all prior agreements, arrangements and undertakings between the parties and constitutes the entire agreement between the parties relating to the use of Ad Muncher.
11. All notices which are required to be given under this agreement shall be in writing and shall be sent to the email address of the Licensor, Admin@AdMuncher.com or such other address as the recipient may designate by notice given in accordance with this clause. Any such notice shall be deemed to have been served after a reply is received from the Licensor.
12. This agreement shall be governed by and construed in accordance with the laws for the time being in force in the State of New South Wales, Australia and the parties agree to submit to the jurisdiction of the courts and tribunals of that State.
13. Any dispute or difference arising in connection with this agreement shall be submitted to arbitration in accordance with, and subject to, the Rules for the Conduct of Commercial Arbitrations of the Institute of Arbitrators and Mediators, Australia. During such arbitration, both parties may be represented by a duly qualified legal practitioner.