AuctionSleuth distribution permissions and end-user license agreement
AuctionSleuth - PRODUCT LICENSE INFORMATION
NOTICE TO USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT.
USE OF THE AuctionSleuth PROGRAM PROVIDED WITH THIS AGREEMENT
(THE "SOFTWARE") CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT
INSTALL AND/OR USE THIS SOFTWARE. USER'S USE OF THIS SOFTWARE
IS CONDITIONED UPON COMPLIANCE BY USER WITH THE TERMS OF THIS
1. LICENSE GRANT. AuctionSleuth grants you a license to use
the AuctionSleuth program (the "SOFTWARE") on any
computer as long as the terms of this agreement are respected.
"You" means the company, entity, or individual installing or
using the SOFTWARE. "Use" means storing, loading, installing,
executing, or displaying the SOFTWARE. You may not modify the
SOFTWARE or disable any licensing or control features of the
SOFTWARE except as an intended part of the SOFTWARE's
programming features. If you choose to enable the trial
features, you are granted an evaluation period of not more
than 15 days, after which time you may not use those features
unless you purchase the commercial version of the SOFTWARE, or
you must remove the SOFTWARE from your computer. This license
is transferable to another computer. Contact support for detailed
instructions on how to move or transfer your registration.
2. OWNERSHIP. The SOFTWARE is owned and copyrighted by AuctionSleuth.
Your license confers no title or ownership in the SOFTWARE and should
not be construed as a sale of any right in the SOFTWARE.
3. COPYRIGHT. The SOFTWARE is protected by United States
copyright law and international treaty provisions. You
acknowledge that no title to the intellectual property in the
SOFTWARE is transferred to you. You further acknowledge that
title and full ownership rights to the SOFTWARE will remain
the exclusive property of AuctionSleuth and you will not
acquire any rights to the SOFTWARE except as expressly set
forth in this license. You agree that any copies of the
SOFTWARE will contain the same proprietary notices which
appear on and in the SOFTWARE.
4. UNAUTHORIZED USE. You may not use, copy, rent, lease, sell,
modify, decompile, disassemble, otherwise reverse engineer, or
transfer the SOFTWARE except as provided in this agreement.
Any such unauthorized use shall result in immediate and
automatic termination of this license.
5. BUNDLING. In no case may the SOFTWARE be bundled with a
hardware or software product without written permission from
6. DISTRIBUTION. Provided that you verify that you are
distributing the Shareware or trial version of the SOFTWARE
you are hereby licensed to make as many
copies of the trial package of the SOFTWARE as you
wish; give exact copies of the original trial package
of the SOFTWARE to anyone; and distribute the trial
package of the SOFTWARE in its unmodified form via electronic
means (Internet, BBS's, Shareware distribution libraries, CD-
ROMs, etc.). You may charge a distribution fee for the
package, but you must not represent in any way that you are
selling the software itself.
Distribution of the purchased version is forbidden.
Permission to distribute the SOFTWARE is not transferable,
assignable, saleable, or franchisable. Each entity wishing to
distribute the package must independently satisfy the terms of
the distribution license.
7. U.S. GOVERNMENT INFORMATION. Use, duplication, or
disclosure by the U.S. Government of the computer software and
documentation in this package shall be subject to restrictions
as set forth in subparagraph (c)(1)(ii) of the Rights in
Technical Data and Computer Software clause at DFARS 252.277-
7013 (Oct 1988) and FAR 52.227-19 (Jun 1987). The Contractor
8. LIMITED WARRANTY. THIS SOFTWARE IS PROVIDED ON AN "AS IS"
BASIS. AuctionSleuth DISCLAIMS ALL WARRANTIES RELATING TO
THIS SOFTWARE, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT
LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. NEITHER AuctionSleuth NOR
ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION,
OR DELIVERY OF THIS SOFTWARE SHALL BE LIABLE FOR ANY INDIRECT,
CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OR
INABILITY TO USE SUCH SOFTWARE, EVEN IF AuctionSleuth SOFTWARE HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE
PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND
PERFORMANCE OF THE SOFTWARE.
SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS
OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT LIABILITY
IS BY LAW INCAPABLE OF EXCLUSION OR RESTRICTION.
IN NO EVENT SHALL ANY THEORY OF LIABILITY EXCEED THE LICENSE
FEE PAID TO AuctionSleuth.
9. SEVERABILITY. In the event of invalidity of any provision
of this license, the parties agree that such invalidity shall
not affect the validity of the remaining portions of this
10. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL
AuctionSleuth OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY
CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY
KIND ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF THE
SOFTWARE, EVEN IF AuctionSleuth HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL AuctionSleuth
SOFTWARE'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT,
OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID
BY YOU, IF ANY.
11. GOVERNING LAW. This agreement shall be governed by the
laws of the United States, excluding the application of its conflicts
of law rules, and shall inure to the benefit of AuctionSleuth
and any successors, administrators, heirs, and assigns. Any
action or proceeding brought by either party against the other
arising out of or related to this agreement shall be brought
only in a COURT of competent jurisdiction located in
the United States. The parties hereby consent to in personam
jurisdiction of said courts. The United Nations Convention on
Contracts for the International Sale of Goods is specifically
2. INSPECTION AND TESTING. You agree and acknowledge that you
will thoroughly inspect and test the SOFTWARE for all of your
purposes upon commencement of your use. Any suit or other
legal action, claim, or any arbitration relating in any way to
this agreement or software covered by it must be officially
filed or officially commenced no later than 90 days after your
first use of the software.
13. ENTIRE AGREEMENT. This is the entire agreement between you
and AuctionSleuth , which supersedes any prior agreement or
understanding, whether written or oral, relating to the
subject matter of this license.
14. RESERVED RIGHTS. All rights not expressly granted here are
reserved to AuctionSleuth.