Software User License
Oct 17, 2003
Welcome! It is
important that you carefully read these terms before
installing the TrustyFiles software.
These terms when
accepted by you form a license ("License") agreement between
RazorPop, Inc. (“RazorPop”), the developer of the TrustyFiles
Software and you ("You," "Your" Or "User")
for the use of the TrustyFiles Software, including
any and all versions or variations of the TrustyFiles
To use TrustyFiles
Software, you must first read and accept the terms of this License,
and confirm your acceptance of the terms of this License by pressing
the 'Yes' button on the TrustyFiles Software installation screen.
If you are under age 18 you are not eligible to use TrustyFiles Software.
IF YOU PRESS THE
'NO' BUTTON ON THE TRUSTYFILES SOFTWARE DOWNLOAD SCREEN YOU WILL
NOT BE ABLE TO INSTALL THE
1. WHAT YOU CAN DO UNDER THIS LICENSE
1.1 Subject to
all the terms of this License, RazorPop grants
you a limited, non-exclusive, personal, non-sublicensable,
non-assignable License to install and use the TrustyFiles
Software and any future fixes, updates and upgrades
provided to you (collectively, the "Software")
on a computer.
1.2 Unless explicitly
stated otherwise, any new features that augment or enhance the current
Software, including the release of new properties, shall be subject
to terms of this License.
2. WHAT YOU CAN'T DO UNDER THIS LICENSE
You agree not to
use the Software to:
2.1 Transmit or
communicate any data that is unlawful, harmful, threatening, abusive,
harassing, defamatory, vulgar, obscene, invasive of another's privacy,
hateful, or racially, ethnically or otherwise objectionable;
2.2 Harm minors
in any way;
any person or entity or falsely state or otherwise misrepresent your
affiliation with a person or entity;
2.4 Forge headers
or otherwise manipulate identifiers in order to disguise the origin
of any data transmitted to other users;
2.5 Transmit, access
or communicate any data that you do not have a right to transmit
under any law or under contractual or fiduciary relationships (such
as inside information, proprietary and confidential information learned
or disclosed as part of employment relationships or under non-disclosure
2.6 Transmit, access
or communicate any data that infringes any patent, trademark, trade
secret, copyright or other proprietary rights of any party;
2.7 Transmit or
communicate any data that contains software viruses or any other
computer code, files or programs designed to interrupt, destroy or
limit the functionality of any computer software or hardware or telecommunications
2.8 Disrupt the
normal flow of dialog, cause a screen to "scroll" faster
than other users are able to type, or otherwise
act in a manner that negatively affects other users'
ability to engage in real time exchanges;
2.9 Interfere with
or disrupt the Software;
or unintentionally violate any applicable local, state, national
or international law, including securities exchange and any regulations
requirements, procedures or policies in force from time to time relating
to the Software;
2.11 Monitor traffic
or make search requests in order to accumulate information about
2.12 "Stalk" or
otherwise harass another user;
2.13 Modify, delete
or damage any information contained on the personal computer of any
TrustyFiles Software user; or
2.14 Collect or
store personal data about other users.
3 MORE DO'S AND DON'TS
3.1 This License
allows you to install and use the TrustyFiles Software on a single
computer. This License does not permit you to install the Software
on more than one computer at a time. You may make copies of the Software
in machine-readable form for backup purposes only. The backup copy
must include all copyright information contained on the original.
3.2 Except as expressly
permitted in this License, you agree not to reverse engineer, de-compile,
disassemble, alter, duplicate, modify, rent, lease, loan, sublicense,
make copies, create derivative works from, distribute or provide
others with the Software in whole or part, transmit or communicate
the application over a network.
3.3 You may not
sell, transfer or communicate the Software to any third party.
4. WHEN USING THE TRUSTYFILES SOFTWARE
4.1 You are responsible
for paying all applicable taxes and other costs you may incur in
connection with your use of the Software including but not limited
to all hardware and software costs and providing all equipment and
software necessary to connect to our web site and to use the Software
via the Internet and any royalties or other charges relating to the
use of data owned by third parties.
4.2 It is your
responsibility to ensure that you obtain all consents, authorizations
and clearances in any data owned or controlled by third parties that
you transmit, access or communicate to others using the TrustyFiles
4.3 You are responsible
for your use of the TrustyFiles Software. RazorPop will not be liable
in any way:
4.3.1 for any errors
or omissions in any data, or for any loss or damage of any kind incurred
as a result of any data transmitted via the Software; or
4.3.2 if you are
exposed to data that is offensive, indecent or objectionable.
4.3.3 for any allegations
or findings of infringement of copyright or other proprietary rights
as a result of your use of the Software.
5 COPYRIGHT INFRINGEMENT
5.1 RazorPop respects
copyright and other laws. RazorPop requires all TrustyFiles Software
users to comply with copyright and other laws. RazorPop does not
by the supply of the Software authorize you to infringe the copyright
or other rights of third parties.
5.2 As a condition
to use the Software, you agree that you must not use the Software
to infringe the intellectual property or other rights of others,
in any way. The unauthorized reproduction, distribution, modification,
public display, communication to the public or public performance
of copyrighted works is an infringement of copyright.
5.3 Users are entirely
responsible for their conduct and for ensuring that it complies with
all applicable copyright and data-protection laws. In the event a
user fails to comply with laws regarding copyrights or other intellectual
property rights and data-protection and privacy, such a user may
be exposed to civil and criminal liability, including possible fines
and jail time.
6. RAZORPOP'S RIGHT TO RUN ADVERTISING WITHOUT PAYMENT TO USERS
6.1 RazorPop reserves
the right to run advertisements and promotions on the TrustyFiles
Software. By accepting the terms of this License, you agree that
we have the right to run such advertisements and promotions without
compensation to you.
6.2 The timing,
frequency, placement and extent of advertising by us within the pages
comprising the TrustyFiles Software is subject to change and shall
be determined by us at our sole discretion.
6.3 Your correspondence
or business dealings with, or participation in promotions of, advertisers
found on or through the TrustyFiles web site or TrustyFiles Software,
including payment and delivery of related goods or services, and
any other terms, conditions, warranties or representations associated
with such dealings, are solely between you and such advertiser.
6.4 You agree that
RazorPop is not to be responsible or liable for any loss
or damage of any sort incurred as the result of any such dealings or as
the result of the presence of such advertisers on the TrustyFiles Software
or the TrustyFiles Web site.
7. THIRD-PARTY INFORMATION AND LINKS
7.1 The TrustyFiles
Software provides a variety of third party information. This information
is in the form of file and web site titles, descriptions, and links.
The information is collected from external sources, including server
and end user computers over the Word Wide Web and file sharing computer
networks. These sources and the information they provide are not
under the control of RazorPop. RazorPop does not have any responsibility
or liability for the information, data, communications, materials,
or links available from such third-party sources.
8 APPLICABLE LAW
8.1 This License
as well as all disputes arising out of or in connection with this
License shall be governed by the laws of the United States of America,
without regard to or application of choice of law rules or principles.
8.2 Any dispute
arising out of or in connection with this License, or in future agreements
resulting there from, shall be exclusively resolved before the Texas
State and the United States Federal Courts.
9 INTERNATIONAL USE
the global nature of the Internet, you agree to comply with all local
rules regarding on-line conduct and acceptable data. Specifically,
you agree to comply with all applicable laws regarding copyright
and the transmission of technical data exported from the country
in which you reside.
10.1 YOU AGREE
TO INDEMNIFY, HOLD HARMLESS AND DEFEND RAZORPOP, AND ITS SUBSIDIARIES,
AFFILIATES, OFFICERS, AGENTS, CO-BRANDERS OR OTHER PARTNERS, AND
EMPLOYEES, AT YOUR EXPENSE, AGAINST ANY AND ALL THIRD PARTY CLAIMS
OR DEMANDS, ACTIONS, PROCEEDINGS AND SUITS AND ALL RELATED LIABILITIES,
DAMAGES, SETTLEMENTS, PENALTIES, FINES COSTS AND EXPENSES (INCLUDING,
WITHOUT LIMITATION, REASONABLE ATTORNEY'S FEES AND OTHER DISPUTE
RESOLUTION EXPENSES) INCURRED BY RAZORPOP, DUE TO OR ARISING OUT
OF DATA YOU SUBMIT, POST TO, TRANSMIT OR COMMUNICATE THROUGH THE
SOFTWARE, YOUR USE OR MISUSE OF THE SOFTWARE, YOUR CONNECTION TO
OTHER USERS, YOUR VIOLATION OF THE LICENSE, OR YOUR VIOLATION OF
ANY RIGHTS OF ANOTHER.
11 DISCLAIMERS OF WARRANTIES
11.1 THE SOFTWARE
IS PROVIDED "AS IS", AND ON AN "AS AVAILABLE" BASIS
AND THERE ARE NO CLAIMS, REPRESENTATIONS AND WARRANTIES
MADE BY RAZORPOP, EITHER EXPRESS, IMPLIED OR STATUTORY
(TO THE EXTENT PERMITTED BY APPLICABLE LAW), WITH
RESPECT TO THE SOFTWARE, INCLUDING BUT NOT LIMITED
TO, WARRANTIES OF QUALITY, PERFORMANCE, TITLE,
NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE
OF PERFORMANCE OR TRADE USAGE.
11.2 ANY DATA DOWNLOADED
THROUGH THE USE OF THE SOFTWARE IS DONE AT YOUR OWN DISCRETION AND
RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY
12 LIMITATION OF LIABILITY
12.1 YOU UNDERSTAND
AND AGREE THAT IN NO EVENT SHALL RAZORPOP BE LIABLE WHETHER IN CONTRACT,
WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED),
PRODUCT LIABILITY OR STRICT LIABILITY, EVEN IF RAZORPOP HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING
BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
12.1.1 THE USE
OR THE INABILITY TO USE THE SOFTWARE;
12.1.2 THE COST
OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED
INTO THROUGH OR FROM THE USE OF THE SOFTWARE;
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
OR CONDUCT OF ANY THIRD PARTY USING THE SOFTWARE; OR
12.1.5 ANY OTHER
MATTER RELATING TO THE USE OF THE SOFTWARE. IN NO EVENT SHALL RAZORPOP'S
TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT OF FIFTY
AMERICAN DOLLARS ($50).
13.1 It is your
responsibility to comply with the terms of this License and to obey
the laws of your jurisdiction. Your rights under this License will
terminate immediately and without prior notice if you violate any
term of this License, including violating any applicable laws or
rights of any third party including the intellectual property rights
of any such third party. You may be subject to legal action if you
continue to use the TrustyFiles Software in violation of this License.
14 TRADE MARKS
14.1 The TrustyFiles
name, the TrustyFiles logo, and other TrustyFiles-related properties
are trademarks of RazorPop. All other trademarks appearing on TrustyFiles
Software are trademarks of their respective owners.
17.1 This License
constitutes the entire understanding between you and RazorPop for
the use of the TrustyFiles Software. There are no understandings,
agreements, conditions or representations, oral or written, express
or implied, with reference to the subject matter hereof that are
not merged herein, expressly referenced herein, or superseded hereby.
17.2 The failure
or delay of RazorPop to exercise or enforce any rights or provision
of the License does not constitute a waiver of such right or provision.
17.3 All provisions
which must survive in order to give effect to their meaning, shall
survive any expiration or termination of this License, including
without limitation all of your representations, warranties and indemnification
17.4 Should any
part of this License be held invalid by any court
or tribunal, such invalidity shall not affect the
validity of any remaining part, which will remain
in full force and effect as if this License had
been executed without that part having been held to be invalid.