ErrorEraser - Legal

ERROR ERASER END USER LICENCE AGREEMENT ("EULA")

NOTIFICATION: PERMISSION TO USE THIS SOFTWARE IS CONDITIONAL UPON YOU AS THE CUSTOMER AND LICENSEE, AGREEING TO THE TERMS SET OUT BELOW.

YOU WILL NOT BE ABLE TO INSTALL THE SOFTWARE UNTIL YOU HAVE READ AND ACCEPTED ALL THE TERMS OF THIS LICENCE AGREEMENT AND WISH TO BECOME THE LICENSEE ("YOU") OF THE SOFTWARE. ACCEPTANCE SHALL BIND YOU AND ALL OF YOUR EMPLOYEES TO THE TERMS OF THIS LICENCE.

BY CLICKING THE "I ACCEPT THE AGREEMENT" BUTTON YOU WARRANT AND CONFIRM THAT YOU ARE ELIGIBLE AND HAVE THE AUTHORITY TO AGREE TO THE TERMS OF THIS LICENCE AGREEMENT.

SELECTING THE "I ACCEPT THE AGREEMENT" BEFORE THE "NEXT" BUTTON AT THE BOTTOM OF THIS SCREEN WILL BE DEEMED TO BE YOUR ACCEPTANCE OF THE FOLLOWING TERMS AND YOU WILL BECOME THE LICENSEE OF THE SOFTWARE. PLEASE PRINT A COPY FOR YOUR RECORDS.

IF YOU DO NOT WISH TO ACCEPT THE FOLLOWING TERMS, DO NOT CLICK ON THE "I ACCEPT THE AGREEMENT" BUTTON AND THE SOFTWARE WILL NOT INSTALL ON TO YOUR COMPUTER.

IN CIRCUMSTANCES WHERE YOU PURCHASE THE SOFTWARE WITHOUT ACCEPTING THE TERMS OF THIS LICENCE AGREEMENT AND WISH TO RETURN THE SOFTWARE, PLEASE CONTACT WIN MEDIA TO DETERMINE WHETHER YOU ARE ELIGIBLE FOR A REFUND.

1. Licence
1.1 Win Media has agreed to license use of the Software to you pursuant to this licence agreement and the terms and conditions set out below.
1.2 Win Media grants to you a non-exclusive, non-transferable, revocable licence to:
(a) use the Software;
(b) make one copy for backup purposes only; and
(c) use the Software strictly in accordance with the provisions of this licence.
1.3 Except where clause 2.2 applies, if you wish to use the Software on more than one computer at the same time, you may make an additional copy upon receipt of written consent from Win Media and upon payment of an additional licence fee as stipulated by Win Media.

2. Licence Fee
2.1 Where a licence fee is payable by you in respect of the Software, you are not entitled to use the Software until the licence fee has been paid. In the case of payment by credit card, payment will not be deemed paid until the credit card payment has been authorised by the billing provider. A separate licence fee is payable in the circumstances described in clause 1.3.
2.2 If you are downloading a free trial version of the Software, you may use it on one or more computers for an unlimited period of time. However, you are not entitled to receive technical support nor the full functionality that comes with the Software until a licence fee has been paid.

3. Licencee's Obligations
3.1 As the Licencee You hereby undertake the following obligations:
(a) to not print, copy, reproduce, translate, adapt, vary, alter, change, reverse engineer, decompile or modify the Software by any means or in any other form other than to make one temporary copy of the Software for back-up and security purposes without the express consent of Win Media, except as expressly authorised by this agreement;
(b) to supervise and control the use of the Software in accordance with the terms of this licence;
(c) to ensure your employees, sub-contractors and other agents who have authorised access to the Software are made aware of the terms of this licence;
(d) to not provide or otherwise make available the Software in any form to any person other than those referred to in paragraph (c) without the written consent of Win Media; and
(e) to not give, lease, assign, license, sub-license, transfer, distribute, disclose, disseminate or publish the software in any form to any other person or attempt to do any of these acts;
(f) to not alter, change, remove or obscure any notices or other indications (including copyright notices) as to ownership of the Software;
(g) not to access or use the Software on more that one personal stand-alone computer, or otherwise allow the Software to be accessed or used by more than one user at any one time.
(h) to not engage in any acts which infringe Win Media rights in the intellectual property rights in the Software;
3.2 You acknowledge that the Licence granted by Clause 1 does not make you the owner of the Software nor does it cause any transfer or assignment of any copyright or any other intellectual or industrial property rights subsisting in the Software to You.

4. Warranty
4.1 You hereby acknowledge that the Software cannot be guaranteed error free and further acknowledge that the existence of any such errors shall not constitute a breach of this licence agreement by Win Media.
4.2 You acknowledge that Win Media may offer to maintain and update the Software but it is not obliged to do so. Should you wish to receive information about updates please view Win Media website on a regular basis at www.erroreraser.com.
4.3 In the event any statute implies terms into this agreement which cannot be lawfully excluded, such terms will apply to this agreement, save that the liability of Win Media for breach of any such implied term will be limited, at the option of Win Media, to any one or more of the following:
(a) the replacement of the Software to which the breach relates or the supply of equivalent Software;
(b) the repair of the Software;
(c) the payment of the cost of replacing the Software or of acquiring equivalent Software; or
(d) the payment of the cost of having the Software repaired.
4.4 If the liability of Win Media for breach of any term, condition or warranty implied by law into contracts for the supply of goods and services ("Prescribed Terms") are capable of exclusion, they are hereby excluded to the fullest extent permitted by law.
4.5 Except as provided by the Prescribed Terms (if any), which are not capable of exclusion or limitation, or as expressly set out in these terms:
(a) Win Media makes no warranties in relation to the Software, including warranties as to the performance or fitness for purpose of the Software;
(b) You will not under any circumstances have any cause of action against, or right to claim or recover from, Win Media for or in respect of any loss, damage or injury (including without limitation any loss of profit, indirect or consequential loss, damage or injury) arising from the supply or use of the Software or any breach of these terms.
4.6 Win Media will not be liable for any indirect or consequential damages arising out of a breach of this licence or arising out of the supply of defective Software.
4.7 You acknowledge that you have exercised your independent judgment in acquiring the Software and have not relied upon any representations made by Win Media which have not been stated expressly in this agreement or upon any descriptions or illustrations or specifications contained in any document including catalogues or publicity material produced by Win Media.

5. Copyright and Trade Marks
5.1 You acknowledge that the Software and all related products (including but not limited to computer manuals and computer literature) ("Products") are the subject of copyright. You therefore, shall not during or any time after the expiry or termination of this licence, permit any act which infringes that copyright and, without limiting the generality of the foregoing, You specifically acknowledge that you may not copy the Software or Products except as otherwise expressly authorised by this agreement.
5.2 You shall not during or at any time after the expiry or termination of this Licence permit any act which infringes the Trade Marks used in connection with the Software.
5.3 You shall indemnify Win Media fully against all liabilities, costs and expenses which Win Media may incur to a third party as a result of Your breach of the copyright and Trade Mark provisions of this agreement.

6. Term of Licence
6.1 This licence commences upon payment of the licence fee and is granted in perpetuity, but may be terminated in the following circumstances:
(a) if You are in breach of any term of this licence agreement;
(b) if You, being a corporation, become the subject of insolvency proceedings;
(c) if You, being a firm or partnership, are dissolved; or
(d) if You destroy the Software and/or the Products for any reason.
6.2 Upon termination, You or a representative nominated by You shall destroy any remaining copies of the Software and Products or otherwise return or dispose of such material in the manner directed by Win Media.
6.3 Termination pursuant to this clause shall not affect any rights or remedies which Win Media may have otherwise under this licence or at law.

7. Assignment
The benefit of this agreement shall not be dealt with in any way by You (whether by assignment, sub-licensing or otherwise) without Win Media's written consent.

8. Waiver
Failure or neglect by either party to enforce at any time any of the provisions of this licence agreement shall not be construed or deemed to be a waiver of that party's rights under this licence.

9. Governing Law
This licence shall be governed by and construed according to the laws in force in USA

If you have any questions or require clarification relating to the terms and conditions of this Licence Agreement, please contact Win Media online at www.erroreraser.com

ACCEPTABLE SITE USE
Users may not use the web site in order to transmit, distribute, store or destroy material, including without limitation web site Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is harmful, defamatory, vulgar, obscene, threatening, abusive, harassing, hateful, or otherwise objectionable. Users are prohibited from violating or attempting to violate the security g\", \"mailbombing\" or \"crashing\", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

SPECIFIC PROHIBITED USES
The web site may be used only for lawful purposes by individuals seeking employment and career information and employers seeking employees. The Company specifically prohibits any use of the web site, and all users agree not to use the web site, for any of the following:

4. Using any device, software or routine to interfere or attempt to interfere with the proper working of the web site or any activity being conducted on this site.

5. Taking any action which imposes an unreasonable or disproportionately large load on the web site's infrastructure.

6. If you have a password allowing access to a non-public area of this web site, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose.

7. Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the web site other than the search engine and search agents available from the Company on the web site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).

8. Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the web site.

9. Aggregating, copying or duplicating in any manner any of the web site Content or information available from the web site.

10. Framing of or linking to any of the web site Content or information available from the web site.

11. Posting or transmitting any unsolicited advertising, promotional materials, junk mail, \"spam,\" chain letters, or any other form of solicitation or any information such as opinions or notices, commercial, or otherwise.

USE OF SECURE AREA / REGISTRATION AND PASSWORD
Use of any password-protected area of the web site is restricted to the registered user who has been given permission and a password to enter such area. This password cannot be distributed to others, and the registered user is responsible for any and all damages to shopuntilyoudrop.net resulting from the distribution of such password. You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify the Company of any unauthorized use of your registration or password.

USER INFORMATION
When you register for the web site, you will be asked to provide the Company with certain information including, without limitation, a valid email address (your \"Information\"). In addition to the terms and conditions that may be set forth in any privacy policy on this web site, you understand and agree that the Company may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. The Company will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. The Company reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by the Company or by third parties. Please see the Company's Privacy Policy for further details regardin your Information.

Refund Policy
No refunds for any reason will be issued, either in full or for the unused portion of membership after 45 days from purchase.

By submitting content to any public or nonpublic area of the web site, including message boards, forums, contests and chat rooms, you grant the Company and its affiliates the loyalty-free, perpetual, irrevocable, sub-licensable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the web site retains any and all rights that may exist in such content.

Any hyperlinks contained in a job posting submitted by Customer will be disabled when such job posting is posted on the web site.

We appreciate hearing from our customers and welcome your comments regarding our services and the web site. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the \"Submission\"), the Submission shall be the property of the Company. None of the Submission shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submission. The Company shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person who submitted the Submission.

THE COMPANY'S LIABILITY

THE COMPANY DOES NOT WARRANT THAT THE web site WILL OPERATE ERROR- FREE OR THAT THE web site AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE web site OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE web site AND web site CONTENT ARE PROVIDED ON AN \"AS IS\" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

DISCLAIMER OF CONSEQUENTIAL DAMAGES
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE web site BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE web site AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LINKS TO OTHER SITES
The web site contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents on such third-party web sites. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party web sites. If you decide to access linked third party web sites, you do so at your own risk.

NO RESALE OR UNAUTHORIZED COMMERCIAL USE
You agree not to resell or assign your rights or obligations under these Terms of Use. You also agree not to make any unauthorized commercial use of the web site.

LIMITATION OF LIABILITY
The aggregate liability for the Company to you for all claims arising from the use of the product, web site content or Materials, or products or services received through the web site is limited to the price of the product.

TERMINATION
The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your postings from this web site and immediate termination of your registration with or ability to access this web site and/or any other service provided to you by the Company, upon any breach by you of these Terms and Conditions, for cause in their sole discretion, or if the Company is unable to verify or authenticate any information you submit to the web site.

INDEMNITY
You agree to INDEMNIFY, DEFEND, AND HOLD HARMLESS the Company, its officers, directors, employees, agents and servants for any and all claims, losses, liability, actions, demands, damages, costs, attorneys' fees, accounting fees, and expenses of any type alleging or resulting from your use of the web site, any web site Content or Material, any products purchased through the web site, or your breach of the terms of these Terms and Conditions, specifically including but not limited to NEGLIGENCE, GROSS NEGLIGENCE, invasion of privacy, defamation, property damage, injury, or death, regardless of whether the liability, expense, cost, attorneys' fees, damages or property loss were caused by the sole or comparative negligence or other fault of you, the Company, or any other person or entity. The Company shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

GENERAL
The Company makes no claims that the Materials may be lawfully viewed or accessed outside of the United States. Access to the Materials may not be legal by certain persons or in certain countries. If you access the web site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms and Conditions are governed by the internal substantive laws of the State of Alabama, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Baldwin County, Alabama. If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in additional terms of use for areas of the web site, a particular \"Legal Notice,\" or Software License or material on particular Web pages, these Terms and Conditions constitute the entire agreement between you and the Company with respect to the use of web site. No changes to these Terms and Conditions shall be made except by a revised posting on this page.

Affiliate Agreement
The following are terms and conditions for participating in the ErrorEraser.com Affiliate Program. (Affiliate) refers to you, and ErrorEraser.com refers to ErrorEraser.com and its corresponding entities.
ErrorEraser.com reserves the right to amend this agreement as needed from time to time, and Affiliate agrees that any such amendment will apply to Affiliate. The continuation of Affiliate status or Affiliate's acceptance of income or bonuses shall constitute Affiliate's acceptance of any and all amendments.

1. Affiliate represents and warrants that he or she is of the legal age of consent in all applicable jurisdictions or countries and, in any event, is at least 18 years of age.

2. Affiliate will not engage in any SPAM of any kind, nor will Affiliate engage in any unauthorized message board, messenger service or other online posting. ErrorEraser.com also considers ANY type of advertisement about ErrorEraser.com posted to a newsgroup or chat room to be SPAM. For the purpose of this agreement , SPAM is defined as e-mailing ANYONE, in bulk or by single mailing, about ErrorEraser.com, who has not specifically requested the information directly from Affiliate. 'Unsolicited' and 'Unauthorized' are defined as any solicitation not expressly requested or warranted by any organization or site mentioned above. Use of SPAM may result in the immediate suspension or termination of Affiliate account. Affiliate will also be in violation of the ErrorEraser.com Affiliate Agreement and subject to legal action and be held liable for any financial loss incurred by ErrorEraser.com.

3. Affiliate will not engage in any advertising utilizing spyware or adware of any kind. This includes 'permission' based adware software, used exclusively for the delivery of popup or related ads. In the event that you have an application that delivers advertisements, express permission must be granted in writing from ErrorEraser.com to allow any promotion. Affiliate will also not attempt to 'bundle' ErrorEraser from ErrorEraser.com with any other software, regardless of user permission or otherwise, unless expressly permitted to do so in writing by ErrorEraser.com. ErrorEraser.com has no past or existing 'bundling' arrangement of any kind, so Affiliate shall not bundle ErrorEraser.com software with any other unless expressly permitted in writing to do so by ErrorEraser.com.

4. Affiliate will not engage in any browser hijacking of any kind, or any other interference with the normal functioning of a potential website visitor's computer. This could include starting any process(es) not expressly started by potential website visitor, including opening of a CD rom, or any other program or application. In keeping with this, Affiliate is directly responsible to be in full compliance with all pertinent law and the following two laws specifically: HR2929, the Securely Protect Yourself Against Cyber Trespass Act, and HR4661, the Internet Spyware Prevention Act of 2004.

5. Affiliate will not intentionally mislead any potential website visitor to believe that a ErrorEraser.com product is any other product. This could include website content, or ads run on any search engine. Affiliate will not use any product name in context of advertising which could be misunderstood to be a ErrorEraser.com product, and therefore be misleading to the potential website visitor.

6. Affiliate will not use advertising which is directly false or misleading. This could include claims that Bugs or Errors1 has been found on a user's machine when no actual scan for such items has been done, or directly using a customer's system information to falsely induce a click or purchase. This could include showing contents of particular sections of the potential website visitor's hard drive, cookie folder, or system settings, as well as specific information, such as IP address, operating system, or any other 'non critical' system information. 1Non Critical' is defined for purposes of this document as any specific system information that has no direct connection with any spyware/adware or any specific system problem ErrorEraser will assist in repairing.

7. Affiliate agrees to assume sole responsibility for compliance with all applicable intellectual property laws and all other federal, state and international laws. In the event that ErrorEraser.com should receive any notification of claimed infringement by Affiliate, Affiliate agrees to cooperate with ErrorEraser.com in expeditiously responding to such notification and resolving any claim of infringement. In the event that an affiliate is unresponsive or unwilling to assist, ErrorEraser.com will take any and all measures to prevent Affiliate from further involvement in our program, and will further cooperate in any law enforcement action as a result of said Affiliate's actions.

8. Affiliate will be directly responsible for all tax liabilities, including without limitation, liabilities to any agency with respect to any earnings or payments made as a result of affiliate's promotion of ErrorEraser.com. Affiliate further agrees to indemnify and reimburse ErrorEraser.com in the event of any claim for assessment by any foreign, United States federal, state, and/or local taxing authority.

9. Affiliate agrees that a ErrorEraser.com Affiliate is an independent contractor and not an employee, agent, partner, legal representative, or franchisee of ErrorEraser.com. Affiliate further agrees not to incur any debt, expense, obligation on behalf of, for, or in the name of ErrorEraser.com.

10. All Affiliate applications are subject to approval by ErrorEraser.com

11. Affiliate agrees to receive ErrorEraser.com e-mail, including but not restricted to sales reports, training, plus messages from Affiliate's Team Leader and/or Group Leader.

12. Affiliate agrees to present ErrorEraser.com products and services as set forth at the official ErrorEraser.com Website. Affiliate will make no claims regarding products or services beyond what is stated at the official ErrorEraser.com Website.

13. ErrorEraser.com is not responsible for technical problems, acts by third parties, or other events outside our reasonable control which may temporarily disrupt or diminish service.

14. ErrorEraser.com reserves all rights in or to its trademarks and servicemarks but may be used by Affiliate in accordance with this agreement. Affiliate may in no way display a ErrorEraser.com logo, image, or trademark which may be distasteful, defame, or misrepresent ErrorEraser.com.

15. Affiliate may not assign rights or delegate duties under this Agreement without the prior written consent of ErrorEraser.com. Upon request, ErrorEraser.com will provide Affiliate with guidelines for the sale, transfer, or assignment of Affiliate's ErrorEraser.com business.

16. Affiliate agrees not to present others' creative works-in full or in part-as his or her own nor engage in violation of copyright agreements for any reason. Such violations could result in suspension or termination of membership.

17. ErrorEraser.com makes no warranties expressed or implied with regard to Affiliate Program except as outlined in this Agreement.

18. In the event that a provision of this Agreement is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the balance of the Agreement will remain in full force and effect.

19. ErrorEraser.com shall not be held liable for any indirect, incidental, special, or consequential damages or any loss of revenue or profits arising under or with respect to this Agreement or program, even if ErrorEraser.com has been advised of the possibility of such damages. ErrorEraser.com aggregate liability arising under or with respect to this agreement or the program shall in no event exceed the amounts paid or payable by ErrorEraser.com under this agreement.

20. Both ErrorEraser.com and the Affiliate reserve the right to terminate this agreement at any time. The term of this Agreement shall be for a period of one year from the date hereof and shall automatically renew upon each anniversary without further act of the parties unless either party has terminated this Agreement by written notice to the other.