Prospector Lite distribution permissions and end-user license agreement

End User License Agreement Carefully read the following license agreement. You accept and agree to be bound by this license agreement by clicking the button labeled "I Agree" that is displayed below. If you do not agree to this license, click the button labeled "Cancel" and the software will not be installed. Description of Software, Service and Work BayProspector provides users with Software for searching and bidding on third party auction websites which may be accessed through various mediums or devices now known or hereafter developed (the "Service"). Related written, graphical and video materials, information, documentation and tutorials are also provided, or made available through the internet (the "Work"). Title BayProspector and/or its partners and suppliers remain the owners of all rights, title and interest in the Software, Service and Work. License Grant "You" means the person or company who is being licensed to use the Software, Service and Work. "We," "us" and "our" means BayProspector. We hereby grant you a nonexclusive license to use one copy of the Software on one computer. The Software is "in use" on a computer when it is loaded into memory or storage that is accessible by said computer - for example, RAM, hard or solid-state/flash drive, CD, DVD, or other storage device. No Unlawful or Prohibited Use As a condition of use, you may not use the Software/Service/Work for any purpose that is unlawful, or prohibited by these terms, conditions, and notices. * You may not modify or adapt the Software/Service/Work, or merge any portion in any way into another software, service or work. * You may not use the Software/Service/Work in any manner which could damage, disable, overburden, or impair any network service or interfere with any other party`s use and enjoyment of any network service. * You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through us. * You may not attempt to gain unauthorized access to the code in the Software/Service/Work through hacking, reverse engineering, disassembling, decompiling or any other means. * You may not sublicense, rent, lease or lend any portion of the Software/Service/Work. * You may not ship, transfer or export the Software/Service/Work to any country or use them in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations. Transfers You may transfer all your rights to use the Software/Service/Work to another person or legal entity provided you transfer the Software/Service/Work, including all copies, updates and prior versions to such person or entity, and that you retain no copies, including copies stored on computer and/or portable/permanent storage. Liability Disclaimer The Software/Service/Work may include inaccuracies or typographical errors. Changes are periodically made to the Software/Service/Work and to the information therein. We may make improvements and/or changes in the Software/Service/Work at any time. We make no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the software, products, services, graphics and information contained within the Software/Service/Work for any purpose. All such software, products, services, graphics and information are provided "as is" without warranty of any kind. BayProspector and/or its partners and suppliers hereby disclaim all warranties and conditions with regard to the software, products, services, graphics and information including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement. You agree that you are responsible for maintaining the confidentiality of your account ids and passwords, and are fully responsible for all activities that occur under your accounts. You agree that we shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Software/Service/Work. You specifically agree that we are not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another`s rights, including intellectual property rights. You agree that we are not responsible for any content sent using and/or included in the Software/Service/Work by any third party. In no event shall we be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Software/Service/Work, with the delay or inability to use the Software/Service/Work or related services, the provision of or failure to provide services, or for any software, products, services, graphics and information obtained through the Software/Service/Work, or otherwise arising out of the use of the Software/Service/Work, whether based on contract, tort, negligence, strict liability or otherwise, even if we have been advised of the possibility of damages. Because some states/jurisdictions 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 Software/Service/Work, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Software/Service/Work. Privacy and Security Your use of the Service is subject to our Privacy Policy. You agree that you have read our Privacy Policy, and it is reasonable and acceptable to you. Your acceptance of these Terms is also your consent to the information practices in our Privacy Policy. Termination and Term BayProspector reserves the right, in its sole discretion, to terminate your access to any or all of the Software/Service/Work or any portion thereof at any time, without notice. You accept this risk and waive any and all claims, of any nature whatsoever, associated with such termination. Upon termination of the Software/Service/Work, your right to use the Software/Service/Work immediately ceases. This license agreement takes effect upon your use of the software and remains effective until terminated. You may terminate the agreement at any time by destroying all copies of the Software/Work in your possession. Copyright Notice The Software and Work are Copyright (c) 2002-2005 BayProspector and/or its partners and suppliers. Any rights reserved.

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