Legal Liability Agreement AND/OR Law Enforcement Agreement
HACKERZINC END-USER LIABILITY AGREEMENT
ATTENTION: IF USER HAS FAILED TO READ OR REFUSES TO AGREE, HACKERZINC IS NOT RESPONSIBLE.
IMPORTANT YOU MUST READ THIS FIRST
By Accepting files and information from Hackerzinc.com
YOU agree to the following terms.
You or anyone you are associated with are not a law enforcement officer of
any kind, nor an agent working directly or indirectly for any law enforcement
officer or law enforcement agency, an agent working directly or indirectly for
any lawfirm representing any software or publishing company(ies), employed
by a lawfirm representing any software or publishing company(ies), an agent
working directly or indirectly for any private investigator(s), a private investigator
working directly or indirectly for any software or publishing company(ies) or
law enforcement agency(ies) or lawfirm(s) that represent(s) any software or
publishing company(ies), an employee of any software or publishing company(ies),
an agent working directly or indirectly for any software or publishing company(ies).
You cannot continue! You furthermore cannot access any of my files.
You are fully aware of what you are doing! and agree to fully imdemnify
me, the channel, servers, hackerzinc.com networks etc, for any claims,
liability, loss of pay, work etc that may be brought upon due to your not
adhering to the above conditions.
Please Read The Following End-User-License Agreements listed below
End-User License Agreement :
1.3. License Agreement
END USER SOFTWARE LICENSE AGREEMENT (APPLIES TO ALL SOFTWARE THAT IS DOWNLOADED HERE)
BY ENTERING THE PASSWORD AND LOGGING IN, INSTALLING THE SOFTWARE OR OPENING THE ARCHIVES, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT INSTALL THE SOFTWARE, OR CLICK THE "NO" BUTTON, OR, IF APPLICABLE, DO NOT OPEN THIS PACKAGE AND PROMPTLY DELETE THE PRODUCT YOU HAVE ACQUIRED.
ALL SOFTWARE OBTAINED HEREIN END USER SOFTWARE LICENSE AGREEMENT (the "License") is made between you, the end user, and Hackerzinc.com, Inc., a USA corporation ("HZinc").
1. Grant of License. HACKERZINC.COM grants to you a non-exclusive, non-transferable license with respect to the software accompanying this License and any upgrades or updates to such software licensed to you by HACKERZINC.COM (the "Software") to: (i) install and use the Software on a standalone computer; (ii) install the Software on a file server for use on a network; and (iii) reproduce and distribute an unlimited number of copies of the Software, for non-commercial purposes only, so long as each copy distributed contains this License and the same copyright notices and other proprietary notices pertaining to the Software that appear in the Software. "Non-commercial" means that the Software is distributed free of direct or indirect charges and is not otherwise commercially exploited. You may make copies of the Software for backup purposes. You may not use the Software for any use prohibited by law.
2. Intellectual Property Protection. The Software, including its operation, code, architecture and implementation, as well as the look and feel of the Software, are the valuable intellectual property of HACKERZINC.COM. The Software is protected by United States patents and copyright laws and international treaty provisions. This License does not give you any intellectual property rights in the Software. Title and related rights in the content accessed through the Software is the property of the applicable content owner and is protected by applicable law. This License gives you no rights to such content. You agree not to modify, translate, disassemble, decompile, reverse engineer, create derivative works of, or make any other attempt by any means to discover or obtain the source code for the Software.
3. NO WARRANTIES. THE SOFTWARE IS PROVIDED FREE OF CHARGE AND, THEREFORE, ON AN "AS IS" BASIS, WITHOUT EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE SOFTWARE IS BORNE BY YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU, AND NOT HACKERZINC.COM OR ITS RESELLERS ASSUME THE ENTIRE COST OF ANY SERVICE AND REPAIR AS WELL AS ANY DAMAGES, INCLUDING LOSS OF DATA, WHICH OCCUR AS A RESULT. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU. NO HACKERZINC.COM AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY.
4. No Support. Hackerzinc shall have no obligation under this License to provide support or other services relating to the Software.
5. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL HACKERZINC.COM OR ITS RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, EVEN IF HACKERZINC.COM SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL HACKERZINC.COM'S TOTAL LIABILITY, WHETHER IN TORT, CONTRACT OR OTHERWISE, ARISING OUT OF OR RELATING TO THIS LICENSE OR THE SOFTWARE EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE (IF ANY), OR US$100, WHICHEVER IS GREATER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. HACKERZINC.COM IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY YOU OR A THIRD PARTY THAT IS ACCESSED THROUGH THE SOFTWARE AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT.
6. Termination. Without limiting any rights of HACKERZINC.COM, your license to use the Software is terminated if you violate this License. Upon termination, you must destroy all copies of the Software and related documentation.
7. U.S. Government End Users. The Software and any accompanying documentation are "commercial items" as that term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212, or 48 C.F.R. 227.7202, as applicable. Consistent with 48 C.F.R. 12.212 or 48 C.F.R. 227.7202-1 through 227.7202-4, as applicable, all U.S. Government end users acquire the Software only as "commercial items" and with only those rights as are granted to other end users pursuant to the terms and conditions herein.
8. General Provisions. This License is the exclusive agreement between you and HACKERZINC.COM concerning the Software and supersedes any and all prior or contemporaneous oral or written agreements, representations, negotiations or other dealings between you and HACKERZINC.COM. This License will be governed by the laws of the State of Texas applicable to contracts executed and performed entirely in Texas by residents of that state. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations. If any part of this License is found to be void, unenforceable or invalid, it shall not affect the other provisions of this License. This License can only be modified by a writing signed by both parties. Failure by either party to enforce any provision of this License will not be deemed a waiver of future enforcement of that or any other provision.
For questions regarding the Software or this License, contact Hackerzinc via firstname.lastname@example.org
End-User License Agreement ( in case the user has ignored the agreement listed above )
HACKERZINC SOFTWARE END-USER LICENSE AGREEMENT
ATTENTION: IF USER HAS FAILED TO READ OR REFUSES TO AGREE, HACKERZINC IS NOT RESPONSIBLE.
YOU MAY NEED TO SCROLL DOWN TO THE END OF THIS EULA BEFORE YOU CAN AGREE TO THE EULA AND CONTINUE WITH THE SOFTWARE INSTALLATION / DOWNLOAD.
IMPORTANT: THIS SOFTWARE END-USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR, IF PURCHASED OR OTHERWISE ACQUIRED BY OR FOR AN ENTITY, AN ENTITY) AND Hackerzinc .
READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY INSTALLING AND
USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS
OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN DO NOT INSTALL THE SOFTWARE AND RETURN THE SOFTWARE TO YOUR PLACE OF PURCHASE FOR A FULL REFUND.
THIS EULA SHALL APPLY ONLY TO THE SOFTWARE SUPPLIED BY HACKERZINC.COM HEREWITH REGARDLESS OF WHETHER OTHER SOFTWARE IS REFERRED TO OR DESCRIBED HEREIN.
"Education Version" means a version of the Software, so identified, for use by students and faculty of educational institutions, only.
"Not For Resale (NFR) Version" means a version, so identified, of the Software to be used to review and evaluate the Software, only.
"Hackerzinc" means Hackerzinc, Inc. and its licensors, if any.
"Software" means only the Hackerzinc software program(s) and third-party software programs, in each case, supplied by Hackerzinc herewith, and corresponding documentation, associated media, printed materials, and online or electronic documentation.
"Trial Version" means a version of the Software, so identified, to be used only to review, demonstrate and evaluate the Software for a limited time period. The Trial Version may have limited features, may lack the ability for the end-user to save the end product, and will
cease "HACKERZINCting" after a predetermined amount of time due to an internal mechanism within the Trial Version.
The licenses granted in this Section 2 are subject to the terms and conditions set forth in this EULA:
Subject to Section 2(b), you may install and use the Software on a single computer; or install and store the Software on a storage device, such as a network server, used only to install the Software on your other computers over an internal network, provided you have a license for each separate computer
on which the Software is installed and run. Except as otherwise provided in Section 2(b), a license for the Software may not be shared, installed or used concurrently on different computers.
Portable or Home Computer Use for Software Requiring Mandatory Product Activation. For Software requiring Mandatory Production Activation, in addition to the single copy of the Software permitted in Section 2(a), the primary user of the computer on which the Software is installed may make a second copy of
the Software and install it on either a portable computer or a computer located at his or her home for his or her exclusive use, provided that:
(A) the second copy of the Software on the portable or home computer (i) is not used at the same time as the copy of the Software on the primary computer and (ii) is used by the primary user solely as allowed for such version or edition (such as for educational use only), (B) the second copy of the Software is not
installed or used after the time such user is no longer the primary user of the primary computer on which the Software is installed, and (C) the Software was not licensed under a volume discount.
In the event the Software is distributed along with other Hackerzinc software products as part of a suite of products (collectively, the "Studio"), the license of the Studio is licensed as a single product and none of the products in the Studio, including the Software, may be separated for installation or use on more than one computer.
You may make one copy of the Software in machine-readable form solely for backup purposes. You must reproduce on any such copy all copyright notices and any other proprietary legends on the original copy of the Software. You may not sell or transfer any copy of the Software made for backup purposes.
You agree that Hackerzinc may audit your use of the Software for compliance with these terms at any time, upon reasonable notice. In the event that such audit reveals any use of the Software by you other than in full compliance with the terms of this Agreement, you shall reimburse Hackerzinc for all reasonable expenses related to such
audit in addition to any other liabilities you may incur as a result of such non-compliance.
Unless otherwise set forth in the documentation relating to such code and/or the Software or in a separate agreement between you and Hackerzinc , you may modify the source code form of those portions of such software programs that are identified as sample code, sample application code, or components (each, "Sample Application Code") in the
accompanying documentation solely for the purposes of designing, developing and testing websites and website applications developed using Hackerzinc software programs; provided,
however, you are permitted to copy and distribute the Sample Application Code (modified or unmodified) only if all of the following conditions are met: (1) you distribute the compiled object Sample Application Code with your application; (2) you do not include the Sample Application Code in any product or application designed for website
development; and (3) you do not use Hackerzinc 's name, logos or other Hackerzinc trademarks to market your application. You agree to indemnify, hold harmless and defend Hackerzinc
from and against any loss, damage, claims or lawsuits, including attorney's fees, that arise or result from the use or distribution of your application.
You may not use the Hackerzinc ® HZ™ plug-in for Microsoft® PowerPoint® software to create media content for conversion by any means other than with the use of other Hackerzinc Breeze products without the express written consent of Hackerzinc .
Your license rights under this EULA are non-exclusive.
Mandatory Product Activation. The license rights granted under this Agreement may be limited to the first thirty (30) days after you first install the Software unless you supply information required to activate your licensed copy in the manner described during the setup sequence of the Software. You may need to activate the Software through the
use of the Internet or telephone; toll charges may apply. There are technological measures in this Software that are designed to prevent unlicensed or illegal use of the Software.
You agree that Hackerzinc may use those measures and you agree to follow any requirements regarding such technological measures. You may also need to reactivate the Software if you modify your computer hardware or alter the Software. Product activation is based on the exchange of information between your computer and Hackerzinc . None of this
information contains personally identifiable information nor can they be used to identify any personal information about you or any characteristics of your computer configuration.
Other than as set forth in Section 2, you may not make or distribute copies of the Software, or electronically transfer the Software from one computer to another or over a network.
You may not alter, merge, modify, adapt or translate the Software, or decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
Unless otherwise provided herein, you may not rent, lease, or sublicense the Software.
Other than with respect to a Trial Version or a Not For Resale Version of the Software, you may permanently transfer all of your rights under this EULA only as part of a sale or transfer, provided you retain no copies, you transfer all of the Software (including all component parts, the media and printed materials, any upgrades, this EULA, the
serial numbers, and, if applicable, all other software products provided together with the Software), and the recipient agrees to the terms of this EULA. If the Software is an upgrade,
any transfer must include all prior versions of the Software from which you are upgrading. If the copy of the Software is licensed as part of the whole Studio (as defined above), the Software shall be transferred only with and as part of the sale or transfer of the whole Studio, and not separately. You may retain no copies of the Software.
You may not sell or transfer any Software purchased under a volume discount. You may not sell or transfer any Trial Version or Not For Resale Version of the Software.
Unless otherwise provided herein, you may not modify the Software or create derivative works based upon the Software.
Education Versions may not be used for, or distributed to any party for, any commercial purpose.
Unless otherwise provided herein, you shall not (A) in the aggregate, install or use more than one copy of the Trial Version of the Software, (B) download the Trial Version of the Software under more than one username, (C) alter the contents of a hard drive or computer system to enable the use of the Trial Version of the Software for an aggregate
period in excess of the trial period for one license to such Trial Version, (D) disclose the results of software performance benchmarks obtained using the Trial Version to any third
party without Hackerzinc 's prior written consent, or (E) use the Trial Version of the Software for a purpose other than the sole purpose of determining whether to purchase a license to a commercial or education version of the software; provided, however, notwithstanding the foregoing, you are strictly prohibited from installing or using the Trial
Version of the Software for any commercial training purpose.
You may only use the Not For Resale Version of the Software to review and evaluate the Software.
You may not export the Software into any country prohibited by the United States Export Administration Act and the regulations thereunder.
You may receive the Software in more than one medium but you shall only install or use one medium. Regardless of the number of media you receive, you may use only the medium that is appropriate for the server or computer on which the Software is to be installed.
You may receive the Software in more than one platform but you shall only install or use one platform.
You shall not use the Software to develop any application having the same primary function as the Software.
In the event that you fail to comply with this EULA, we may terminate the license and you must destroy all copies of the Software (with all other rights of both parties and all other provisions of this EULA surviving any such termination).
Notwithstanding anything herein to the contrary, you may not (A) install FlashPaper Printer on a server for multiple user access or use, or (B) modify or replace the FlashPaper Printer viewer user interface that displays FlashPaper documents.
If this copy of the Software is an upgrade from an earlier version of the Software, it is provided to you on a license exchange basis. You agree by your installation and use of such copy of the Software to voluntarily terminate your earlier EULA and that you will not continue to use the earlier version of the Software or transfer it to another person or
entity unless such transfer is pursuant to Section 3.
Prior Same Version License
If this copy of the Software is licensed as part of the Studio (as defined above), and you have a prior license to the same version of the Software, and the Studio was licensed to you with a discount based, in whole or in part, on your prior license to the same version, the Software is provided to you on a license exchange basis. You agree by your installation
and use of this copy of the Software to voluntarily terminate your EULA with respect to such prior license and that you will not continue to install or use such prior
license of the Software or transfer it to another person or entity.
The foregoing license gives you limited license to use the Software. Hackerzinc and its suppliers retain all right, title and interest, including all copyright and intellectual property rights, in and to, the Software (as an independent work and as an underlying work serving as a basis for any application you may develop), and all copies thereof. All rights not
specifically granted in this EULA, including Federal and International Copyrights, are reserved by Hackerzinc and its suppliers.
Limited Warranty and Disclaimer
Except with respect to any Sample Application Code, Trial Version and Not For Resale Version of the Software, Hackerzinc warrants that, for a period of ninety (90) days from the date of delivery (as evidenced by a copy of your receipt): (i) when used with a recommended hardware configuration, the Software will perform in substantial conformance with the documentation
supplied with the Software; and (ii) the physical media on which the Software is furnished will be free from defects in materials and workmanship under normal use.
HACKERZINC PROVIDES NO REMEDIES OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, FOR ANY SAMPLE APPLICATION CODE, TRIAL VERSION AND THE NOT FOR RESALE VERSION OF THE SOFTWARE. ANY SAMPLE APPLICATION CODE, TRIAL VERSION AND THE NOT FOR RESALE VERSION OF THE SOFTWARE ARE PROVIDED "AS IS".
EXCEPT AS SET FORTH IN THE FOREGOING LIMITED WARRANTY WITH RESPECT TO SOFTWARE OTHER THAN ANY SAMPLE APPLICATION CODE, TRIAL VERSION AND NOT FOR RESALE VERSION, Hackerzinc AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALSO,
THERE IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT. Hackerzinc DOES NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE OR WILL ACTIVATE WITHOUT INTERRUPTION. NO RIGHTS OR REMEDIES REFERRED TO IN ARTICLE 2A OF THE UCC WILL BE CONFERRED ON YOU UNLESS EXPRESSLY GRANTED HEREIN. THE SOFTWARE IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS
REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR HACKERZINCTION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. Hackerzinc SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.
IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Hackerzinc , ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.
(USA only) SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
Your exclusive remedy under the preceding is to return the Software to the place you acquired it, with a copy of your receipt and a description of the problem. Provided that any non-compliance with the above warranty is reported in writing to Hackerzinc no more than ninety (90) days following delivery to you, Hackerzinc will use reasonable commercial efforts to supply
you with a replacement copy of the Software that substantially conforms to the documentation, provide a replacement for defective media, or refund to you your purchase price for the Software, at its option. Hackerzinc shall have no responsibility if the Software has been altered in any way, if the media has been damaged by misuse, accident, abuse, modification or misapplication,
or if the failure arises out of use of the Software with other than a recommended hardware configuration. Any such misuse, accident, abuse, modification or misapplication of the Software will void the warranty above. THIS REMEDY IS THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU FOR BREACH OF EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SOFTWARE AND RELATED DOCUMENTATION.
Limitation of Liability
NEITHER Hackerzinc NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE
AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF Hackerzinc OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
HACKERZINC's TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE GREATER OF $500 OR THE AMOUNT PAID BY YOU FOR THE SOFTWARE THAT CAUSED SUCH DAMAGE.
(USA only) SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO THE WARRANTIES AND DISCLAIMERS ABOVE AND ALL OTHER ASPECTS OF THIS EULA.
Basis of Bargain
The Limited Warranty and Disclaimer, Exclusive Remedies and Limited Liability set forth above are fundamental elements of the basis of the agreement between Hackerzinc and you. Hackerzinc would not be able to provide the Software on an economic basis without such limitations. Such Limited Warranty and Disclaimer, Exclusive Remedies and Limited Liability inure to the benefit of Hackerzinc 's licensors.
U.S. Government Restricted Rights Legend
This Software and the documentation are provided with "RESTRICTED RIGHTS" applicable to private and public licenses alike. Without limiting the foregoing, use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in this EULA and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013 (c)(1)(ii)(OCT 1988), FAR 12.212(a)(1995),
FAR 52.227-19, or FAR 52.227-14, as applicable. Manufacturer: Hackerzinc , Inc.
(Outside of the USA) Consumer End Users Only
The limitations or exclusions of warranties and liability contained in this EULA do not affect or prejudice the statutory rights of a consumer, i.e., a person acquiring goods otherwise than in the course of a business.
The limitations or exclusions of warranties, remedies or liability contained in this EULA shall apply to you only to the extent such limitations or exclusions are permitted under the laws of the jurisdiction where you are located.
The Software may contain third-party software which requires notices and/or additional terms and conditions. Such required third-party software notices and/or additional terms and conditions are located at http://www.Hackerzinc.com/ and are made a part of and incorporated by reference into this EULA. By accepting this EULA, you are also accepting the additional terms and conditions, if any, set forth therein.
This EULA shall be governed by the internal laws of the State of Texas, without giving effect to principles of conflict of laws. You hereby consent to the exclusive jurisdiction and venue of the state courts sitting in ANY County, Texas or the federal courts in the Central District of Texas to resolve any disputes arising under this EULA. In each case this EULA shall be construed and enforced without regard to the United Nations Convention on the International Sale of Goods.
This EULA contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. You agree that any varying or additional terms contained in any purchase order or other written notification or document issued by you in relation to the Software licensed hereunder shall be of no effect. The failure or delay of Hackerzinc to exercise any of its rights under this EULA or upon any breach of this EULA shall not be deemed a waiver of those rights or of the breach.
No Hackerzinc dealer, agent or employee is authorized to make any amendment to this EULA.
If any provision of this EULA shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this EULA will remain in full force and effect.
All questions concerning this EULA shall be directed to: email@example.com
Hackerzinc and other trademarks contained in the Software are trademarks or registered trademarks of Hackerzinc , Inc. in the United States and/or other countries. Third party trademarks, trade names, product names and logos may be the trademarks or registered
trademarks of their respective owners. You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Software. This EULA does not authorize you to use Hackerzinc 's or its licensors' names or any of their respective trademarks.
HACKERZINC BROWSER SOFTWARE END-USER LICENSE AGREEMENT
IN THE EVENT HACKERZINC BROWSER SOFTWARE IS PROVIDED IN OR ALONG WITH THE SOFTWARE DESCRIBED ABOVE, WITH RESPECT TO THE USE OF SUCH HACKERZINC BROWSER SOFTWARE ONLY, THE FOLLOWING END-USER LICENSE AGREEMENT SHALL GOVERN:
HACKERZINC Browser Information: LICENSE.TXT
Copyright © HACKERZINC SOFTWARE 1997-?
The Software, as defined below, is protected by copyright, which are vested in HACKERZINC SOFTWARE its suppliers.
Registration codes, as defined below, are protected by copyright, which is vested in HACKERZINC SOFTWARE.
The Software and Registration Codes may only be used in accordance with the terms and conditions set out in this document.
If you do not read and agree to be bound by the terms and conditions defined in this document, you are not permitted to keep or use the Software or Registration Codes in any way whatsoever and must destroy or return all copies of these items which are in your possession.
END-USER LICENSE AGREEMENT
The following definitions apply to the terms and conditions included in this Agreement.
means HACKERZINC, all program and information files and other documentation which are part of the HACKERZINC SOFTWARE
package, with the exception of the Registration Codes.
registers a paid version of the software. This disables the advertising banner in the Browser's top right hand corner, and removes advertising content which has been cached.
means a particular person.
TERMS OF AGREEMENT
This is a legal agreement between you, the users, and HACKERZINC. By installing or using this Software, you agree to be bound by the terms of this agreement. If you do not agree to those terms, you may not use or install the Software.
You are entitled to use your copy of the Software on one computer. "Use" means loaded in temporary memory or permanent storage on the computer. Installation on a network server for distribution to other computers is not allowed, unless you have a separate license for each computer
to which the Software is distributed. You are obligated to have a reasonable process to assure that the number of persons using the Software concurrently does not exceed the number of licenses.
The Software is protected by United States copyright laws and international treaties. You may make one copy of the Software solely for backup or archival purposes or transfer it to a single hard disk provided you keep the original disk solely for backup or archival purposes.
You may not rent or lease the Software or copy any written materials accompanying the Software. You may transfer the Software and all accompanying materials to another individual on a permanent basis, if you retain no copies and the recipient agrees to the terms of this Agreement.
Any transfer must include the most recent update and all prior versions.
All intellectual property rights such as but not limited to patents, trademarks, copyrights or trade secret rights related to the Software are the property of and remains vested in HACKERZINC SOFTWARE its suppliers.
You shall not modify, translate, reverse engineer, decompile or disassemble the Software or any part thereof or otherwise attempt to derive source code or create derivative works therefrom.
You are not allowed to remove, alter or destroy any proprietary, trademark or copyright markings or notices placed upon or contained with the Software.
Registration Codes may be used, stored or copied only by the person or organization, which has licensed the Software, and solely for the purpose of using the Software within the terms and conditions of this Agreement. No person or organization is permitted to store or copy a Registration
Code for any other purpose without written agreement from HACKERZINC SOFTWARE.
The copyright of all Registration Codes remains vested in HACKERZINC SOFTWARE which reserves the right to withhold or withdraw authorization of use of all Registration Codes issued to a person or organization if there is reasonable evidence to indicate that the person or organization is
involved in a breach of the terms of this document.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR OWN RISK AND THAT THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER. HACKERZINC SOFTWARE OR ITS SUPPLIERS DOES NOT WARRANT THAT THE FUNCTIONS OF THE SOFTWARE WILL MEET YOUR REQUIREMENTS
OR THAT THE ACTION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE USE AND THE RESULTS OBTAINED FROM THE SOFTWARE.
YOU ACKNOWLEDGE THAT THE SOFTWARE IS NOT INTENDED FOR USE IN (I) ON-LINE CONTROL OF AIRCRAFT, AIR TRAFFIC, AIRCRAFT NAVIGATION OR AIRCRAFT COMMUNICATIONS; OR (II) IN THE DESIGN, CONSTRUCTION, OR MAINTENANCE OF ANY NUCLEAR FACILITY.
HACKERZINC SOFTWARE AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES RELATED TO: NON-INFRINGEMENT, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES OR RESULTS, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE .
IN NO EVENT SHALL HACKERZINC SOFTWARE OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, PERSONAL INJURY,
LOSS OF PRIVACY OR OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF USE OR INABILITY TO USE THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HACKERZINC SOFTWARE ALSO DISCLAIMS ALL LIABILITY FOR ACTS OR MATERIAL PRESENTED BY THE ADVERTISER, AD-SERVING PARTNERS OR OTHERS (INCLUDING UNAUTHORIZED USERS, OR "CRACKERS").
REGARDLESS OF THE FORM OF ACTION, HACKERZINC SOFTWARE AND ITS SUPPLIERS AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT PAYABLE BY YOU UNDER THIS AGREEMENT. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.
The Software may be subject to export or import regulations, and the user agrees to comply strictly with all such laws and regulations. The user agrees not to export or re-export the Software or any part thereof or information pertaining thereto to any country for which a U.S. government agency requires an export license or other governmental
approval without first obtaining such license or approval.
Notice to U.S. Government Users: The Software and any associated documentation are "Commercial Items," as that term is defined at 48 C.F.R. 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable. Consistent with 48 C.F.R.
12.212 or 48 C.F.R. 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
Any variation to the terms of this Agreement shall only be valid if made in writing by HACKERZINC SOFTWARE.
Any and all disputes arising out of the rights and obligations in this Agreement shall be submitted to ordinary court proceedings. You accept the State & City Court as legal venue under this Agreement.
This Agreement shall be governed by US law, and the stipulations set forth herein to be construed in accordance with same.