Web Scraper Plus+: Web Spider Edition distribution permissions and end-user license agreement
END-USER LICENSE AGREEMENT FOR VELOCITYSCAPE SOFTWARE
VELOCITYSCAPE SOFTWARE LICENSE
The Software is protected by intellectual property laws and treaties. The Software is licensed, not sold.
1. GRANTS OF LICENSE. Velocityscape grants you the rights described in this EULA provided that you comply with all terms and conditions of this EULA.
1.1 General License Grant to Install and Use Software. You may install and use one copy of the Software on a single computer. You can share a copy of the Software installed on a common build/test machine provided that You or Your entity has purchased a single license for that common build/test machine and each developer using it has a license. A license for the Software may not be shared.
1.2 Alternative License Grant for Storage/Network Use. As an alternative to the rights granted in the previous section, You may install a copy of the Software on one storage Device, such as a network server, and allow individuals within Your business or enterprise to access and use the Software from other Devices over a private network, provided that you acquire and dedicate a license for the storage Device upon which the Software is installed and each separate Device from which the Software is accessed and used. A license for the Software may not be used concurrently on different Devices.
1.3 Providus. The use of Providus by you is entirely your responsibility and at your sole risk. Before you use Providus with any third party property, you should consult with such third party or the agreement governing the use of such property to determine whether or not such use is permitted.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
2.1 Separation of Components. The Software is licensed as a single product. Its component parts may not be separated for use by more than one user.
2.2 Benchmark Testing. You may not disclose the results of any benchmark test of the Software to any third party without Velocityscapes prior written approval.
3. PRERELEASE CODE. Portions of the Software may be identified as prerelease code (Prerelease Code). Such Prerelease Code is not at the level of performance and compatibility of the final, generally available product offering. The Prerelease Code may not operate correctly and may be substantially modified prior to first commercial shipment. Velocityscape is not obligated to make this or any later version of the Prerelease Code commercially available. The grant of license to use Prerelease Code expires upon availability of a commercial release of the Prerelease Code from Velocityscape. NOTE: In the event that Prerelease Code contains a separate end-user license agreement, the terms and conditions of such end-user license agreement shall govern your use of the corresponding Prerelease Code.
4. RESERVATION OF RIGHTS AND OWNERSHIP. Velocityscape reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. Velocityscape or its suppliers own the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold.
5. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
6. NO RENTAL/COMMERCIAL HOSTING. You may not rent, lease, lend or provide commercial hosting services with the Software.
7. CONSENT TO USE OF DATA. You agree that Velocityscape and its affiliates may collect and use technical information gathered as part of the product support services provided to you, if any, related to the Software. Velocityscape may use this information solely to improve our products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you.
8. ADDITIONAL SOFTWARE/SERVICES. This EULA applies to updates, supplements, add-on components, or Internet-based services components, of the Software that Velocityscape may provide to you or make available to you after the date you obtain your initial copy of the Software, unless we provide other terms along with the update, supplement, add-on component, or Internet-based services component. Velocityscape reserves the right to discontinue any Internet-based services provided to you or made available to you through the use of the Software.
9.1 Upgrades. To use a version of the Software identified as an upgrade, you must first be licensed for the software identified by Velocityscape as eligible for the upgrade. After upgrading, you may no longer use the software that formed the basis for your upgrade eligibility.
9.2 Downgrades. Instead of installing and using the Software, you may install and use copies of an earlier version of the Software, provided that you completely remove such earlier version and install the current version of the Software within a reasonable time. Your use of such earlier version shall be governed by this EULA, and your rights to use such earlier version shall terminate when you install the Software.
10. Not for Resale Software. If the Software Product is labeled Not for Resale or NFR or Evaluation Copy or 30 Day Complimentary or "Demo" or "Trial" or "For Evaluation Purposes Only," then, notwithstanding other sections of this EULA, you may not use the Software Product for commercial purposes nor sell, or otherwise transfer it for value.
11. EXPORT RESTRICTIONS. You acknowledge that the Software is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments. For additional information see .
12. SOFTWARE TRANSFER. The initial user of the Software may make a one-time permanent transfer of this EULA and Software to another end user, provided the initial user retains no copies of the Software. This transfer must include all of the Software (including all component parts, the media and printed materials, any upgrades (including any Qualifying Software as defined in Section 13.3), this EULA, and, if applicable, the Certificate of Authenticity). The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the Software must agree to all the EULA terms.
13. TERMINATION. Without prejudice to any other rights, Velocityscape may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software and all of its component parts.
14. LIMITED WARRANTY FOR software ACQUIRED IN THE US AND CANADA.
Except for the Licensed Software, which is provided AS IS without warranty of any kind, Velocityscape warrants that the Software will perform substantially in accordance with the accompanying materials for a period of ninety (90) days from the date of receipt.
If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (NINETY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE NINETY?DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to you.
Any supplements or updates to the Software, including without limitation, any (if any) service packs or hot fixes provided to you after the expiration of the ninety day Limited Warranty period are not covered by any warranty or condition, express, implied or statutory.
LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by Velocityscape, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Software does not meet Velocityscapes Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of Section 16 (Exclusion of Incidental, Consequential and Certain Other Damages) are also incorporated into this Limited Warranty. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You may have other rights which vary from state/jurisdiction to state/jurisdiction. YOUR EXCLUSIVE REMEDY. Velocityscapes and its suppliers entire liability and your exclusive remedy for any breach of this Limited Warranty or for any other breach of this EULA or for any other liability relating to the Software shall be, at Velocityscapes option from time to time exercised subject to applicable law, (a)return of the amount paid (if any) for the Software, or (b)repair or replacement of the Software, that does not meet this Limited Warranty and that is returned to Velocityscape with a copy of your receipt. You will receive the remedy elected by Velocityscape without charge, except that you are responsible for any expenses you may incur (e.g. cost of shipping the Software to Velocityscape). This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, and Velocityscape will use commercially reasonable efforts to provide your remedy within a commercially reasonable time of your compliance with Velocityscapes warranty remedy procedures. Outside the United States or Canada, neither these remedies nor any product support services offered by Velocityscape are available without proof of purchase from an authorized international source. To exercise your remedy, contact: Velocityscape, Attn. Velocityscape Sales Information Center/4063 E. Chaparosa Way/Cave Creek, AZ 85331.
15. DISCLAIMER OF WARRANTIES. The Limited Warranty that appears above is the only express warranty made to you and is provided in lieu of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications. EXCEPT FOR THE LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VELOCITYSCAPE AND ITS SUPPLIERS PROVIDE THE SOFTWARE AND SUPPORT SERVICES (IF ANY) AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF RELIABILITY OR AVAILABILITY, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.
16. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. To the maximum extent permitted by applicable law, in no event shall Velocityscape or its suppliers be liable for any special, incidental, punitive, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the SOFTWARE, the provision of or failure to provide Support OR OTHER Services, informatIon, software, and related CONTENT through the software or otherwise arising out of the use of the software, or otherwise under or in connection with any provision of this EULA, even in the event of the fault, tort (including negligence), misrepresentation, strict liability, breach of contract or breach of warranty of Velocityscape or any supplier, and even if Velocityscape or any supplier has been advised of the possibility of such damages.
17. LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR ANYTHING ELSE), THE ENTIRE LIABILITY OF VELOCITYSCAPE AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY HEREUNDER (EXCEPT FOR ANY REMEDY OF REPAIR OR REPLACEMENT ELECTED BY VELOCITYSCAPE WITH RESPECT TO ANY BREACH OF THE LIMITED WARRANTY) SHALL BE LIMITED TO THE GREATER OF THE ACTUAL DAMAGES YOU INCUR IN REASONABLE RELIANCE ON THE SOFTWARE UP TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR US$5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS (INCLUDING SECTIONS 14, 15, AND 16) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
18. U.S. GOVERNMENT LICENSE RIGHTS. All Software provided to the U.S. Government is provided with the commercial license rights and restrictions described elsewhere herein.
19. APPLICABLE LAW. If you acquired this Software in the United States, this EULA is governed by the laws of the State of Arizona. If you acquired this Software in any other country, then local law may apply.
22. ENTIRE AGREEMENT; SEVERABILITY. This EULA (including any addendum or amendment to this EULA which is included with the Software) are the entire agreement between you and Velocityscape relating to the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. To the extent the terms of any Velocityscape policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.