End user License Agreement
This end-user License Agreement (the "License Agreement") is between MEDIA FOG LTD, a limited liability company registered in British Virgin Islands and having registered its address at Geneva Palace, Waterfront Drive, PO BOX 3469, Road Town, Tortola, British Virgin Islands (the "Licensor") and the end user ("You").
By installing and executing the software that accompanies this License Agreement ("Licensor Software") and by marking the "I accept the terms of the License Agreement" check box, you are deemed to and do consent to be bound by and become a party to this License Agreement. If you do not agree to be bound by all of the terms of this License Agreement do not mark the "I accept the terms of the License Agreement" check box and do not install the software. All unaccepted software must be promptly returned to the vendor.
Before You continue, it is advisable that You print or save a soft copy of this License Agreement for record purposes.
1. Grant of the License
Subject to the terms and conditions of this License Agreement, the Licensor grants You a non-exclusive, non-transferable and revocable license to install and use internally one copy of the Licensor Software and related written materials in either printed text or machine readable version (the "Documentation"), on a single computer. Any use of more copies of the Licensor Software than are licensed is prohibited. You are expressly prohibited from sub licensing, selling, renting, leasing or otherwise distributing the Licensor Software or making any use prohibited by law. The license for the Licensor Software may not be shared by alternating use of the Licensor Software between different computers. The Licensor Software is licensed as a single product, and You may not separate its component parts for use on more than one desktop personal computer. If You are not using a licensed copy of the Licensor Software, You are not allowed to install the Licensor Software and any future updates of the same.
2. Evaluation Copy
You may be granted a temporary license to evaluate the Licensor Software. Applications and data that You have created during the evaluation period may require the Licensor Software in order to run or to be accessible. Consequently, You may lose or be unable to access applications or data that You have created during such period. You should therefore take precautions to avoid any loss of data. To be allowed to continue Your use of the Licensor Software after expiry of the evaluation period, You must acquire a regular license as set out in this License Agreement and pay the license fee. You agree that the Evaluation Copy granted to You on a temporary basis to test the Licensor Software may have limited functionality and that consequently You may not be able to benefit from all the functions which would be available if You buy a regular license and pay the license fee.
3. Licensed Units and Networks
When You purchase a license You will be provided with a serial number. You should activate the registered license for the Software by entering the serial number as prompted by the Software. You agree to use the Software only for the number of licensed units specified on Your invoice. Any simultaneous storage, maintenance, or use on more units than are licensed is prohibited. You agree either to implement access security mechanisms to prevent simultaneous use or to pay an additional fee according to the number of users with access to a Network enabling use of the Licensor Software by multiple computers simultaneously.
You agree to contact the Licensor if simultaneous use will be possible. Licence key is valid for one year period and can be upgraded.
4. Copyright and Trademark Rights
The Licensor Software is copyrighted according to law. You must not use the Licensor Software in any manner which can jeopardize or violate its copyright. Unless specifically permitted in terms of this License Agreement, copying, reproducing, changing, modifying and decompiling the software as well as transferring it from a mechanical code, reanalyzing it or creating any deduced works therefrom by processing is strictly prohibited. Nor is it permissible to resell, borrow, assign, transfer or lease the Licensor Software to any person.
5. Intellectual Property Protection
This License Agreement does not give You any intellectual property rights in the Licensor Software or its Documentation.
You agree to treat the Licensor Software as copyrighted material and You must not use it in any manner which can jeopardize or violate the copyrights of the Licensor. You may not copy (except as permitted here above), modify, create a derivative work thereof, reverse engineer, decompile or otherwise attempt to extract the source code or internal data of the Licensor Software or any part thereof, unless this is expressly permitted or required by law, or unless You have obtained explicit consent in writing from the Licensor that You may do so. You further agree not to remove or in any way obscure any ownership or trademark notices on the Licensor Software or its Documentation.
6. Limited Warranty
You expressly understand and agree that the Licensor Software and its documentation are provided to you under this License Agreement on an "as is" basis and
with all its faults and your use of it is at your sole risk. This Licensor Software is not subject to any guarantees. The Licensor Software is provided as general purpose software and not for your particular use.
You accept that the Licensor and its suppliers do not represent or warrant that:
a. The Licensor Software and its documentation will meet your requirements;
b. The Licensor Software and its documentation will be error or defect free: or that
c. Any defects in the operation or functionality of the Licensor Software and its documentation will be corrected.
The Licensor further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement of intellectual property rights. Any implied warranties that cannot be excluded are limited to 30 days or to the shortest period permitted by THE applicable law, whichever is the greater.
7. Use Restrictions - You shall use this Software in compliance with all applicable laws and not for any unlawful purpose. Each licensed copy of this Software may be used on one single computer location or workstation, unless otherwise authorized herein. “Use” of the Software means that you have loaded, installed, or run the Software on a computer or similar device. If you install the Software onto a multi-user platform, server or network, each and every individual user of the Software must be licensed separately or included by a multi-site license in order to access all the features and functionality of the Software. You may make one copy of this Software for backup purposes, providing you only have one copy installed on one computer location or workstation (or
number of users covered in a multi site license). Others may not use or install your licensed copy of this Software. The assignment, sub license, networking, sale, or distributions of copies of this licensed Software are strictly forbidden without the prior written consent of MEDIA FOG LTD. It is a violation of this Agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of this licensed Software. If any person other than yourself uses Software registered in your name on another computer location or workstation, regardless of whether it is at the same time or different times, then this Agreement is being violated and you are responsible for that violation!
8. Limitation of Liability.
Under no circumstance and under no legal theory/institute, whether in tort, contract, or otherwise, will the licensor or its affiliate, suppliers or distributors be liable to you or any third party beneficiary for any direct, indirect, special, incidental, exemplary, punitive or consequential damages, including but not limited to any loss of business, loss of data arising out of the use or the inability to use the Licensor Software and its documentation, even if they know of the possibility of such damages.
In no event will the total liability of the Licensor or its suppliers whether in tort, contract or otherwise, exceed the amount actually paid by you for the Software. These limitations do not apply to any liabilities that cannot be excluded or limited by THE applicable law.
9. Export Restrictions
You may not export or re-export the Licensor Software in violation of the export laws of the United States, United Kingdom and the European Community or the applicable laws of any other jurisdiction. Among other things, U.S. laws provide that the Licensor Software may not be exported or re-exported to certain countries which are embargoed or restricted or to certain restricted persons.
10. Term and Termination
This License Agreement shall automatically terminate if You fail to comply with its terms without prejudice to the rights of the Licensor to compensation for damages in terms of the applicable law. Immediately upon termination or expiration of this License Agreement You shall return to the Licensor or destroy all copies of the Licensor Software and all related Documentation in Your possession.
11. Software Uninstalls
At any time you can uninstall the Software from your computer or/and computers using this instruction:
For Windows XP.
1. From the "Start" menu in Windows, select "Control Panel"
2. Select "Add/Remove Programs"
3. Select the program with the Carambis Slogo and the text "Carambis ScreenShooter"
4. Click "Change/Remove"
For Windows Vista and Windows 7
1. From the "Start" menu in Windows, select "Control Panel"
2. Under the "Programs" icon, select "Uninstall a program"
3. Select the program with the Carambis ScreenShooter logo and the text "Carambis ScreenShooter"
4. Click "Uninstall" and then "Continue" to remove the Software
You may need to restart your computer for the uninstall process to be completed.
12. Choice of Law
This License Agreement will be governed by the Laws of British Virgin Islands excluding any conflict of rules of law.
13. General Provisions
Any rights not expressly granted under this License Agreement are being reserved. This License Agreement is the entire agreement between You and the Licensor with respect to this subject matter and supersedes any and all prior or contemporaneous oral or written agreements, representations, negotiations, any additional terms of any quote, order or other similar communication between the parties. If any part of this License Agreement is found to be void, unenforceable or invalid, that part will be deemed stricken and will not affect the validity of the other License Agreement provisions. Failure by either party to enforce any provision of this License Agreement will not be deemed a waiver of future enforcement of that or any other provision. Sections 6, 7,and 8 shall survive the termination of this License Agreement.
1. The Information We Collect
At Carambis sites, you can order products, enter contests, vote in polls or otherwise express an opinion, subscribe to one of our services such as our online newsletters, or participate in one of our online forums or communities. The types of personally identifiable information that may be collected at these pages include: name, address, e-mail address, telephone number, fax number, credit card information, and information about your interests in and use of various products, programs, and services.
At some Carambis sites, you can submit information about other people. For example, you might submit a person's name and e-mail address to send an electronic greeting card and, if you order a gift online and want it sent directly to the recipient, you might submit the recipient's name and address. The types of personally identifiable information that may be collected about other people at these pages include: recipient's name, address, e-mail address, and telephone number.
At certain parts of some of our sites, only persons who provide us with the requested personally identifiable information will be able to order products, programs, and services or otherwise participate in the site's activities and offerings.
We also may collect certain non-personally identifiable information when you visit many of our web pages such as the type of browser you are using (e.g., Netscape, Internet Explorer), the type of operating system you are using, (e.g., Microsoft Windows or Mac OS) and the domain name of your Internet service provider (e.g., America Online, Earthlink).
2. How We Use the Information
We may use the information you provide about yourself to fulfill your requests for our products, programs, and services, to respond to your inquiries about our offerings, and to offer you other products, programs or services that we believe may be of interest to you.
We sometimes use this information to communicate with you, such as to notify you when you have won one of our contests or when we make changes to our subscriber agreements, to fulfill a request by you for an online newsletter or help requests, or to contact you about your account with us.
We use the information that you provide about others to enable us to send them your gifts or cards. From time to time, we also may use this information to offer our products, programs, or services to them. The information we collect in connection with our online forums and communities is used to provide an interactive experience. We use this information to facilitate participation in these online forums and communities and, from time to time, to offer you products, programs, or services.
If you choose to submit content for publication (e.g., a letter to our editors, comments sent to our television personalities, a posting to a blog or a discussion board), we may publish your screen name and other information you have provided to us.
We sometimes use the non-personally identifiable information that we collect to improve the design and content of our site and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyze site usage, as well as to offer you products, programs, or services.
Although we take appropriate measures to safeguard against unauthorized disclosures of information, we cannot assure you that personally identifiable information that we collect will never be disclosed in a manner that is inconsistent with this Privacy Statement.
Certain Carambis sites may disclose personally identifiable information to companies whose practices are not covered by this privacy statement (e.g., other marketers, magazine publishers, retailers, participatory databases, and non-profit organizations) that want to market products or services to you. If a site shares personally identifiable information, it will provide you with an opportunity to opt out or block such uses either at the point of submission of your personally identifiable information or prior to any such disclosure.
Finally, the Carambis sites covered by this Privacy Statement will not use or transfer personally identifiable information provided to us in ways unrelated to the ones described above without also providing you with an opportunity to opt out of these unrelated uses.
3. Cookies & Web Beacons
4. Collection of Information by Third-Party Sites, Ad Servers, and Sponsors
Some of our sites contain links to other sites whose information practices may be different than ours. Visitors should consult the other sites' privacy notices as we have no control over information that is submitted to, or collected by, these third parties.
The Carambis sites covered by this Privacy Statement sometimes may offer content (e.g., contests, sweepstakes, or promotions) that is sponsored by or cobranded with identified third parties. By virtue of these relationships, the third parties may obtain personally identifiable information that visitors voluntarily submit to participate in the site activity. We have no control over these third parties' use of this information. The site will notify you at the time of requesting personally identifiable information if these third parties will obtain such information.
5. Our Commitment to Security
We have put in place appropriate physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect online.
6. How You can Access or Correct Information
Access to personally identifiable information that is collected from our sites may be accessible for a limited period of time from the point of collection. For example, if you created a password-protected account within our site, you can access that account to review the information you provided.
You may also send an e-mail or letter to the following e-mail or street address requesting access to or correction of your personally identifiable information. For verification purposes please include your first name, last name, e-mail address and the password you use for said service.
7. Special Note for Parents
The site you are visiting is one of our general audience sites. For more information about our online privacy practices for children's sites, consult the privacy notice at the children's site in which you are interested.
8. How to Contact Us
If you have any questions or concerns about the online privacy statement for this site or its implementation you may contact us at email@example.com
9. Updates & Effective Date
From time to time, we may update this privacy statement. We will notify you about material changes in the way we treat personally identifiable information by placing a notice on our site. We encourage you to periodically check back and review this policy so that you always will know what information we collect, how we use it, and to whom we disclose it.
The Privacy Statement posted on this site was updated on or about December 10, 2009.