REDSCRAPER SOFTWARE END USER LICENSE AGREEMENT
This Electronic End User License Agreement (the “Agreement”) is a legal agreement between you (either an individual or an entity), (the “Licensee”), and Redscraper Software. (the “Licensor”), regarding the Redscraper software that you about to download, downloaded, or otherwise obtained through Licensor’s website(s) or other resources or media including without limitation CD or DVD disks or through a network in object code form via websites, file sharing networks, P2P networks, file archives, FTP servers or other related services, including without limitation (a) all of the contents of the files, disk(s), CD-ROM(s) or other media with which this Agreement is provided (the “Software”), and (b) all successor upgrades, revisions, patches, enhancements, fixes modifications, copies, additions or maintenance releases of the Software; and (c) related user documentation and associated materials or files provided in written, “online” or electronic form ((the “Documentation” and together with the Software, the “Product”). You are subject to the terms and conditions of this End User License Agreement whether you access or obtain the Product directly from the Licensor, or through any other source. For purposes hereof, “you” means the individual person installing or using the Product on his or her own behalf or, if the Product is being downloaded or installed on behalf of an organization, such as an employer, “you” means the organization for which the Product is downloaded or installed and you represent that you have authorized the person accepting this agreement to do so on your behalf. For purposes, hereof the term “organisation,” without limitation, includes any partnership, limited liability company, corporation, association, joint stock company, trust, joint venture, labour organisation, unincorporated organisation, or governmental authority.
By accessing, downloading, storing, loading, installing, executing, displaying, copying the Product into the memory of a computer or otherwise benefiting from using the functionality of the Product in accordance with the Documentation (“Operating”), you agree to be bound by the terms of this Agreement. If you do not agree to the terms and conditions of this Agreement, the Licensor is unwilling to license the Product to you. In such event, you may not Operate or use the Product in any way.
BEFORE YOU CLICK ON THE “I AGREE” BUTTON CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOUR CLICK OF THE “I AGREE” BUTTON IS A SYMBOL OF YOUR SIGNATURE AND BY CLICKING ON THE “I AGREE” BUTTON, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT AND AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE “EXIT” BUTTON AND THE SOFTWARE WILL NOT BE INSTALLED ON YOUR COMPUTER. This Product will not install on your computer unless or until you accept the terms of this Agreement. You may also receive a copy of this Agreement by contacting the Licensor (Redscraper.com).
GRANT OF LICENSE – THE LICENSOR grants to you, the Licensee, and your affiliates a worldwide, royalty-free non-exclusive right to use the computer program (the “Software”) provided hereunder and updated from time to time in accordance with the terms set forth in this agreement (the “Agreement”).
COPY RESTRICTIONS – The Software and accompanying written materials are copyrighted. Unauthorised copying of any part of the Software or of any accompanying written material is expressly forbidden. However, you may make a reasonable number of copies of the Software and accompanying documentation for your personal backup purposes.
TRANSFER RESTRICTIONS – This Software is licensed only to you, and you agree that you will not transfer, rent, loan, sub-license or host the Software without the prior written consent of THE LICENSOR. You may only make a one-time permanent transfer of the Software in its entirety to another PC, provided you retain no copies on existing PC.
TERMINATION OF LICENSE – The License will terminate automatically without notice from THE LICENSOR if you fail to comply with any provision of this agreement or if you use this Software in a manner that you violate any local, state or federal laws; even if the capability to undertake such activity is included in this Software.
General Warranties. THE LICENSOR warrants that: (i) it is duly organized and validly existing under the laws of its state of organization and has full right, power, and authority to enter into and perform its obligations under this Agreement; (ii) it is not and will not be bound by any agreement, nor has it assumed or will it assume, any obligation, which would in any way be inconsistent with or breached by THE LICENSOR’S performance of its obligations under this Agreement; (iii) it has obtained all necessary licenses, permits, and other requisite authorizations, has taken all actions required by applicable laws or governmental regulations in connection with its business as now conducted and its ability to perform its obligations under this Agreement; and (iv) it has complied with or will comply with all applicable international, federal, state, local laws and ordinances now or hereafter enacted, including data protection and privacy laws.
No Worms, Bombs or Backdoors. THE LICENSOR represents and warrants that no component of any of the Software provided by THE LICENSOR hereunder includes any virus or any feature or function that may enable THE LICENSOR or any third party: (i) to discontinue your effective use of any such Software or any data provided by THE LICENSOR; (ii) to erase, destroy, corrupt or modify any of your data without your consent; (iii) to bypass any internal or external software security measure to obtain access to your data without your consent or knowledge; or (iv) to replicate, transmit, or activate any Software or data without control of a person operating the computing equipment on which it resides THE LICENSOR shall immediately provide to you written notice in reasonable detail upon becoming aware of the existence of any computer virus or any of the foregoing features or functions contained in the Software. In the event THE LICENSOR discovers the existence of any virus in the Software, THE LICENSOR shall use its best efforts to cooperate with you, at THE LICENSOR’S expense, to effect the prompt removal of the same from the Software and repair any files or data corrupted thereby.
ALL IMPLIED WARRANTIES ARE EXPRESSLY DISCLAIMED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
REVERSE ENGINEERING – You acknowledge that the source code for the Product is proprietary to the Licensor or its suppliers and/or licensors and constitutes trade secrets of the Licensor or its suppliers and/or licensors. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Product in any way.
RESERVATION OF RIGHTS – THE LICENSOR reserves all rights not expressly granted to you in this license agreement.
LICENSE KEY REGISTRATION & TERMS – There are technological measures in this Software that are designed to prevent the unlicensed or illegal use of the Software, and automatic processes provide live updates to Software and routinely optimise Software for normal customer usage. You agree that THE LICENSOR may use these measures to protect against Software piracy. This Software may contain enforcement technology that limits the ability to use the Software on multiple computers. This Agreement and the Software containing enforcement technology require license key registration as further set forth during installation and in the Documentation. Verification of the license key happens at periodic intervals and requires the computer to be connected to the Internet. Internet connection failure during the registration check will not allow functioning of the Software.
You may install the Software on ONLY ONE PC, ONE CPU at any given point of time and you may not permit or enable other individuals to use the Software over a public access network; unless you receive specific written consent to do so from THE LICENSOR. Each license will be tied to the PC and can’t be used on another PC.
CONSENT TO USE OF DATA: You agree that THE LICENSOR may collect and use data related to the Software, if any, gathered from your computer as part of the Software support services provided to you. THE LICENSOR may use this information solely to improve the Software or to provide customised services or technologies to you and will not otherwise use or disclose this information in any form. This section shall survive termination or expiration of this Agreement.
RESTRICTIONS ON USE – This is an internal license, not a re-seller license. For clarity, the captured data should be for your company’s internal use only. This License permits the use of the Software only by the end user to extract data from their company or one end client for the purpose of using the extracted data by THE LICENSOR.
EMAILING RESTRICTIONS – THE LICENSOR will not be liable if your website or emails are blocked because of actions were taken by this Software on your behalf. The Software could fail occasionally, even though it performs as expected most of the time. You are expected to monitor periodically to ensure the Software is performing as expected by you.
EMAILING LIMITS – It is your responsibility to make sure you have the relevant email opt-in permissions, before using this Software to send emails.
USAGE LIMITS – THE LICENSOR recommends you to acknowledge and agree to the Software usage limits as described in the product FAQs of THE LICENSOR’s website (www.redscraper.com). This includes, but not limited to, grabbing, appending and validating contact information.
THE LICENSOR will not be liable if your access, or the access of other users on your network, to third party websites and search engines is blocked because of actions were taken by this Software on your behalf. THE LICENSOR cautions that you use this Software in moderation. You should use it in much the same way as you would use an assistant who gets the data for you.
Some third party sites have daily limits on how many contacts you can grab per day or per a given period. THE LICENSOR recommends you not to exceed such grabbing limits when using this Software.
THE LICENSOR is constantly optimising the Software usage limits to provide the best usage for you. You acknowledge and agree that the Software usage limits will change from time to time without prior notice to you.
PIRATING OF DATA IS PROHIBITED – It is your responsibility to make sure you have the relevant rights to capture and store the data the way you plan to, before using this Software. Some websites and portals prohibit the use of automated capture tools like this Software to capture data, and other sites place restrictions on how captured data can be used. This agreement expressly prohibits the use of this Software to capture data from such websites and documents, as well as using such captured data in a manner where it is illegal to do so. THE LICENSOR can offer you no opinions on the legality of capturing any data, even if the capability to capture such data is included in this Software.
AFFILIATION DISCLAIMER – THE LICENSOR is not affiliated or connected in any manner to any third party websites and search engines, including but not restricted to, online directories, listings, job boards, yellow pages and white pages directories. THE LICENSOR recommends you to read license agreements of this third party websites and ensure you do not violate any Government Laws or rules of the third party websites before using the Software. You agree that THE LICENSOR is not responsible for any such violations committed by you using the Software.
DO NOT USE THE SOFTWARE IN ANY CASE WHERE SIGNIFICANT DAMAGE OR INJURY TO PERSONS, PROPERTY OR BUSINESS MAY HAPPEN IF AN ERROR OCCURS, YOU EXPRESSLY ASSUME ALL RISK FOR SUCH USE.
EXCEPT AS STATED HEREIN, THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE LICENSOR DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULT OF THE USE, OF THE SOFTWARE OR WRITTEN MATERIALS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS, QUALITY AND PERFORMANCE OF THE SOFTWARE. IF THE SOFTWARE OR WRITTEN MATERIALS ARE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR OR CORRECTION.
EXCEPT AS STATED HEREIN, THE LICENSOR MAKES NO WARRANTIES OF ANY KIND, EXPRESSES OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SOFTWARE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE LICENSOR, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
Some states do not allow limitations on how long an implied warranty lasts or exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights, which may vary, from state to state.
DISCLAIMER ON ACCURACY
The results found by this Software may seem inconsistent for the same search conducted at different times. The Software relies on various search engines and websites, directories to aggregate information from the Internet. THE LICENSOR does not control the data on these search engines and third party websites. As such, the Software will not be able to guarantee the same results at all points of time.
THE LICENSOR is constantly innovating in order to provide the best possible experience for you. You acknowledge and agree that the form and nature of the results provided and the user interface will change from time to time without prior notice to you.
As part of this continuing innovation, you acknowledge and agree that THE LICENSOR may stop (permanently or temporarily) supporting the Software (or any features within the Software) at THE LICENSOR’s sole discretion, without prior notice to you. You may stop using the Software at any time by unregistering the Software and informing THE LICENSOR. You will be entitled to a refund as per the refund policy set forth in this document.
BACKUP DATA – It is your responsibility to save and/or backup any and all data gathered using this Software. THE LICENSOR is not responsible for any loss of data that occurs.
REFUND POLICY – Because our products are digital software, delivered instantly once payment is received, and are available as try before you buy, our customers can test the products before buying them and determine that:
– It is the correct software to help them with their tasks
– It runs correctly on their computer and is compatible with their operating system
– In case of Forms To Go, they are testing with their servers the right language edition they need
For these reasons, we offer no refunds as a matter of policy, however, a 30 day-100% money back guarantee exceptions are made under the following circumstances:
– The software appears to be not as described
– The customer is experiencing a problem or bug with the software that cannot be solved by our developers in less than 30 days
– The software fails to perform correctly on any of the advertised features that could not be tested in the ‘try before you buy’ version
Should you have any questions concerning this Agreement, or if you desire to contact the Licensor for any reason, please send an email to firstname.lastname@example.org.
© Redscraper Software. All rights reserved. The Product, including the Software and any accompanying Documentation, are copyrighted and protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.