END-USER LICENSE AGREEMENT FOR PICKEMFIRST SOFTWARE.
Pickemfirst, LLC. End-User License Agreement ("EULA") is a legal
agreement between you (either an individual or a single entity) and
Pickemfirst, LLC. for the Pickemfirst software(s)
identified above which may include associated software components,
media, printed materials, and "online" or electronic
documentation ("Pickemfirst software"). By installing,
copying, or otherwise using the Pickemfirst software, you agree to be
bound by the terms of this EULA. This license agreement represents
the entire agreement concerning the program between you and
Pickemfirst, LLC., (referred to as "licenser"), and it
supersedes any prior proposal, representation, or understanding
between the parties. You are accepting the terms of this EULA either
by clicking to accept or agree to the terms, or by actually using the
software, in which case you understand and accept that we will treat
your use of the software as acceptance of the terms of this EULA from
that point onwards. If you do not agree to the terms of this EULA, do
not install or use the Pickemfirst software.
The Pickemfirst software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
1. GRANT OF LICENSE.
The Pickemfirst software is
licensed as follows:
(a) Installation and Use.
Pickemfirst,
LLC grants you the right to install and use copies of the
Pickemfirst software on your computer running a validly licensed copy
of the operating system for which the Pickemfirst software was
designed [e.g., Windows , Mac OS, Linux].
(b)
Backup Copies.
You may also make copies of the Pickemfirst
software as may be necessary for backup and archival purposes.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
(a)
Maintenance of Copyright Notices.
You must not remove or alter
any copyright notices on any and all copies of the Pickemfirst
software.
(b) Distribution.
You may not distribute
registered copies of the Pickemfirst software to third parties.
(c)
Prohibition on Reverse Engineering, Decompilation, and
Disassembly.
You may not reverse engineer, decompile, or
disassemble the Pickemfirst software, except and only to the extent
that such activity is expressly permitted by applicable law
notwithstanding this limitation.
(d) Rental.
You may
not rent, lease, or lend the Pickemfirst software.
(e) Support
Services.
Pickemfirst, LLC may provide you with support
services related to the Pickemfirst software ("Support
Services"). Any supplemental software code provided to you as
part of the Support Services shall be considered part of the
Pickemfirst software and subject to the terms and conditions of this
EULA.
(f) Compliance with Applicable Laws.
You must
comply with all applicable laws regarding use of the Pickemfirst
software.
3. TERMINATION
Without prejudice to any other rights,
Pickemfirst, LLC 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 Pickemfirst software in your possession.
4. COPYRIGHT
All title, including but not limited to
copyrights, in and to the Pickemfirst software and any copies thereof
are owned by Pickemfirst, LLC or its suppliers. All title and
intellectual property rights in and to the content which may be
accessed through use of the Pickemfirst software is the property of
the respective content owner and may be protected by applicable
copyright or other intellectual property laws and treaties. This EULA
grants you no rights to use such content. All rights not expressly
granted are reserved by Pickemfirst, LLC
5. NO WARRANTIES
Pickemfirst, LLC expressly disclaims
any warranty for the Pickemfirst software. The Pickemfirst software
is provided 'As Is' without any express or implied warranty of any
kind, including but not limited to any warranties of merchantability,
noninfringement, or fitness of a particular purpose. Pickemfirst,
LLC does not warrant or assume responsibility for the accuracy or
completeness of any information, text, graphics, links or other items
contained within the Pickemfirst software. As part of its operating
procedure, Pickemfirst might have access to private information such
as passwords but does not warrant or assume responsibility for any
loss or misuse to your private information that may be caused by the
use of our software. Pickemfirst, LLC makes no warranties respecting
any harm that may be caused by the transmission of a computer virus,
worm, time bomb, logic bomb, or other such computer program.
Pickemfirst, LLC further expressly disclaims any warranty or
representation to Authorized Users or to any third party.
6. LIMITATION OF LIABILITY
In no event shall
Pickemfirst, LLC be liable for any damages (including, without
limitation, lost profits, business interruption, or lost information)
rising out of 'Authorized Users' use of or inability to use the
Pickemfirst software, even if Pickemfirst, LLC has been advised of
the possibility of such damages. In no event will Pickemfirst, LLC
be liable for loss of data or for indirect, special, incidental,
consequential (including lost profit), or other damages based in
contract, tort or otherwise. Pickemfirst, LLC shall have no
liability with respect to the content of the Pickemfirst software or
any part thereof, including but not limited to errors or omissions
contained therein, libel, infringements of rights of publicity,
privacy, trademark rights, business interruption, personal injury,
loss of privacy, moral rights or the disclosure of confidential
information.
This agreement was last modified on 01/12/2011