Pop up Blocker Pro Rich-Media Ads Edition distribution permissions and end-user license agreement

SYNERGETICSOFT COMPANY END USER LICENSE AGREEMENT Software License Agreement for Pop Up Blocker Pro Rich-Media Ads Edition IMPORTANT - PLEASE READ CAREFULLY USING THIS SOFTWARE: THIS LICENSE AGREEMENT FOR POP UP BLOCKER PRO RICH-MEDIA ADS EDITION ("LICENSE AGREEMENT") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER ON BEHALF OF YOURSELF AS AN INDIVIDUAL OR ON BEHALF OF AN ENTITY AS ITS AUTHORIZED REPRESENTATIVE) AND SYNERGETICSOFT COMPANY FOR THE POP UP BLOCKER PRO RICH-MEDIA ADS EDITION SOFTWARE ("SOFTWARE"). THIS LICENSE AGREEMENT FOR POP UP BLOCKER PRO RICH-MEDIA ADS EDITION SUPERSEDES PREVIOUS VERSIONS. BY CHECKING THE LICENSE AGREEMENT CHECKBOX BELOW AND CLICKING "INSTALL", INSTALLING THE SOFTWARE (AS DEFINED BELOW), COPYING OR OTHERWISE USING THE SOFTWARE YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS END USER LICENSE AGREEMENT REGARDING YOUR USE OF THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, CLICK ON THE "CANCEL" BUTTON AND/OR DO NOT INSTALL, COPY OR OTHERWISE USE THE SOFTWARE. 1. GRANT OF LICENSE: Subject to the following terms, SynergeticSoft ("Pop Up Blocker Pro Rich-Media Ads Edition") hereby grants you a non-exclusive, non-transferable license to: (i) install the Pop Up Blocker Pro Rich-Media Ads Edition software ("Software"), (ii) use the Software for your internal use, and (iii) copy the Software for back-up or archival purposes: (A) for an evaluation period of five (5) days (the "Evaluation Period") from the date you first install or use the Software on a royalty-free basis. In the event that you purchase a license to the Software prior to the expiration of the Evaluation Period, your license will continue perpetually. If you do not purchase a license to the Software prior to the expiration of the Evaluation Period, the Software will become inoperable and automatically expire at the end of your Evaluation Period at which time you shall uninstall all copied portions of the Software. (B) perpetually, if you elect to purchase or have already purchased a license, and you may use the Software on the number of computers for which you have paid license fees. 2. LICENSE RESTRICTIONS: You may not: (i) reverse engineer, decompile, or disassemble the Software; (ii) modify, or create derivative works based upon, the Software in whole or in part; (iii) distribute copies of the Software; (iv) remove any proprietary notices or labels on the Software; or (v) resell, lease, rent, transfer, sublicense, or otherwise transfer rights to the Software. Any such forbidden use shall immediately terminate your license to the Software. 3. TITLE: You agree that no title to the intellectual property in the Software is transferred to you. Title, ownership, rights, and intellectual property rights in and to the Software shall remain in SynergeticSoft . The Software is protected by copyright and patent laws of the United States and international treaties. 4. UPDATES: >From time to time SynergeticSoft may make updates to the Software generally available. In the event that you purchase a license or if you have already purchased a license, you may download and install these software updates released by SynergeticSoft within one year of date of purchase and for any extended term agreed to by you and SynergeticSoft. You must complete the product registration form during Software installation to be eligible for and to be notified of software updates. SynergeticSoft will notify you when updates are available through the update feature in the Software. All updates to the Software shall be governed by this Agreement, unless other license terms are provided with the update. 5. TECHNICAL SUPPORT: In the event that you purchase a license, technical support for the Software, as made available by SynergeticSoft. Technical support via email is made available to registered, licensed users for up to one year from the date of purchase, and for any extended term agreed to by you and SynergeticSoft. 6. DISCLAIMER OF WARRANTY: The Software is provided to you at minimal or no charge. ACCORDINGLY, YOU AGREE THAT SYNERGETICSOFT HAS MADE NO EXPRESS WARRANTIES, ORAL OR WRITTEN, TO YOU REGARDING THE SOFTWARE AND THAT THE SOFTWARE IS BEING PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. SYNERGETICSOFT DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING, BUT WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. SYNERGETICSOFT SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, COVER, RELIANCE, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFIT) ARISING FROM ANY CAUSE UNDER OR RELATED TO THIS AGREEMENT. 7. LIMITATION OF LIABILITY: You must assume the entire risk of using the program. IN NO EVENT SHALL SYNERGETICSOFT BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OF THE SYNERGETICSOFT SOFTWARE, EVEN IF SYNERGETICSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL SYNERGETICSOFT` LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, PROVIDED, HOWEVER, IF THE RELEVANT SOFTWARE WAS PROVIDED TO YOU AT NO CHARGE YOU AGREE SYNERGETICSOFT SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES. THIS LIMITATION SHALL APPLY TO CLAIMS OF PERSONAL INJURY TO THE EXTENT PERMITTED BY LAW. 8. TERMINATION: This Agreement shall terminate automatically if you fail to comply with the limitations described in this Agreement. This Agreement shall terminate if you do not purchase a license to the Software prior to the expiration of the Evaluation Period. No notice shall be required from SYNERGETICSOFT to effect such termination. You may also terminate this License Agreement at any time by notifying SYNERGETICSOFT in writing of termination. Upon any termination of this License Agreement, you must uninstall all copies of the Software. 9. MISCELLANEOUS: Severability. In the event of invalidity of any provision of this Agreement, the parties agree that such invalidity shall not affect the validity of the remaining portions of this Agreement. Export. You agree that you will not export or re-export the Software outside of the jurisdiction in which you obtained it without the appropriate United States or foreign government licenses. Governing Law. This Agreement will be governed by the laws of the State of California as they are applied to agreements between California residents entered into and to be performed entirely within California. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed. Entire Agreement. You agree that this is the entire agreement between you and SYNERGETICSOFT, and that it supersedes any prior agreement, whether written or oral, and all other communications between SYNERGETICSOFT and you relating to the subject matter of this Agreement. Reservation of rights. All rights not expressly granted in this Agreement are reserved by SYNERGETICSOFT. Copyright (c) 1999-2004 SYNERGETICSOFT. All rights reserved.

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