END USER LICENSE AGREEMENT
WISEOPTIMIZER.COM WISE OPTIMIZER
by
FIRSTPIXEL.COM FIRSTPIXELIMPORTANT: READ CAREFULLY –End User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and Firstpixel Cons. E Asses. Em Info. E Com Ltda (“FIRSTPIXEL”) for the Wise Optimizer software that accompanies this EULA, which includes computer software and may include associated media, printed materials, “online” or electronic documentation, and Internet-based services (collectively, the “Components”), before installing Firstpixel WISE OPTIMIZER PROFESSIONAL Software(“SOFTWARE”).
This WISE OPTIMIZER EULA (End-User License Agreement) is a legal agreement between you (either an individual or a single entity known as "Customer") and FIRSTPIXEL, which owns a proprietary computer software and "on-line" or electronic documentation (collectively known as "WISE OPTIMIZER PROFESSIONAL " or "WISEOPTIMIZER" or "WISE OPTIMIZER" or "WISE OPTIMIZER DEMO " or "SOFTWARE"). By installing, copying, or otherwise using the SOFTWARE or any SOFTWARE Updates and components, Customer agrees to be bound by the terms of this Agreement. If Customer does not agree to the terms of this Agreement, do not install, copy, or use the SOFTWARE, including all SOFTWARE Updates that Customer received as part of the SOFTWARE, or its Components.
By installing, copying, or otherwise using an Update, Customer agrees to be bound by the additional license terms that accompany such Update. If Customer does not agree to the terms of the additional license terms that accompany the Update, disregard the Update and the additional license terms that accompany the Update. In this event, Customer's rights to use the Software shall continue to be governed by the then-existing Agreement.
1. Copyright
All title and copyrights in and to the Software (including but not limited to any software components, product documentation and associated media, sample files, extension files, tools and utilities, miscellaneous technical information, collectively referred to herein as the "Software"), and any copies of the Software, are owned by FIRSTPIXEL. The Software is protected by Brazilian copyright laws and international treaty provisions. Therefore, you must treat the Software like any other copyrighted material, except that Customer may either (i) make one copy of the Software solely for backup or archival purposes, provided Customer reproduces and includes FIRSTPIXEL's copyright and trademark notices contained on the original disk labels on such backup copy, or (ii) transfer the Software to a hard disk, provided Customer keeps the original solely for backup and archival purposes. The Software is licensed, not sold.
2. Grant of License
a. FIRSTPIXEL grants Customer use of the Software as "PROFESSIONAL version" only if Customer has purchased an unlock code for the Software.
b. FIRSTPIXEL grants Customer a non- exclusive license to use FIRSTPIXEL's SOFTWARE WISE OPTIMIZER computer software (the "SOFTWARE")
c. Acceptance: WISE OPTIMIZER shall be deemed accepted by Customer upon payment of the Software by Customer.
3. Other Restrictions
a. The Software is the sole and exclusive property of FIRSTPIXEL, including all applicable rights to patents, copyrights, trademarks and trade secrets and is provided for Customer's exclusive use for the purposes of this Agreement and will be held in confidence.
b. Customer will not remove any designation mark from any supplied material that identifies such material as belonging to or developed by FIRSTPIXEL. Customer agrees not to disassemble, decompile, reverse engineer or otherwise reduce the Software to perceptible form.
c. Customer may not rent, lease, or sub license the Software.
d. Customer may permanently transfer all of Customer's rights under this Agreement, provided Customer retains no copies, Customer transfers all of the Software (including all component parts, the media and printed materials, any upgrades, and this Agreement), Customer provides FIRSTPIXEL notice of Customer's name, company, and address and the name, company, and address of the person to whom Customer is transferring the rights granted herein, and the recipient agrees to the terms of this Agreement and pays to FIRSTPIXEL a transfer fee in an amount to be determined by FIRSTPIXEL and in effect at the time in question. If the Software is an upgrade, any transfer must include all prior versions of the Software. If the Software is received as part of a subscription, any transfer must include all prior deliverables of Software and all other subscription deliverables. Upon such transfer, Customer's license under this Agreement is automatically terminated.
e. Customer may use or transfer the Updates to the Software only in conjunction with Customer's then-existing Software. The Software and all Updates are licensed as a single product and the Updates may not be separated from the Software for use at any time.
f. Customer must be 18 years or older and an adult in his/her jurisdiction.
g. We cannot guarantee that the Software will work for all times. If you change your operating system, or if you install a new web browser version, the software may not work anymore. We cannot guarantee the support of certain search engines in the Software. The removal of one or more search engines is explicitly no reason for a refund.
h. All title and intellectual property rights in and to the content which may be accessed through use of the Software are the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This Agreement grants you no rights to use such content.
i. Customer must make sure that it is legal to use the software in Customer's country or jurisdiction with the supported search engines. FFIRSTPIXEL only provides a license to the software. It's the customers responsibility to make sure that Customer is allowed to use the software with the supported search engines. The Software provides a list of all supported search engines.
j. Customer must not use the software for sending unsolicited email messages (so-called "spamming").
k. Some search engines or search engine servers may not allow the access through automated software. Customer must read the terms and conditions of those search engines that Customer intends to use with the Software prior to using them with the Software. If the search engine does not allow the use of automated software in Customer's country, Customer must not use the corresponding search engine with the Software. Search engines can change their terms and conditions at any time so it's the sole responsibility of the Customer to check them regularly before using the Software.
l. The use of the Software cannot guarantee a top 10 ranking on a search engine in any way.
m. The Software does not recommend any search engine in particular.
n. All trademarks are owned by their respective holders.
4. Termination
Without prejudice to any other rights, FIRSTPIXEL may terminate this Agreement if Customer fails to comply with the terms and conditions of this Agreement. In such event, Customer must destroy all copies of the Software in any form and all of its component parts.
5. Disclaimer of Warranty
a. NO WARRANTIES. THE SOFTWARE AND ITS SUPPLIERS PROVIDE TO YOU AND ITS COMPONENTS, AND SUPPORT SERVICES (IF ANY) "AS IS" AND WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FIRSTPIXEL OR ITS SUPPLIERS DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY AGAINST INFRINGEMENT, WITH REGARD TO THE SOFTWARE. WE CANNOT GUARANTEE THAT THE SOFTWARE WILL WORK FOR ALL TIMES. IF THE SEARCH ENGINES CHANGE THEIR FORMAT OR IF YOU INSTALL A NEW WEB BROWSER VERSION, THE APPLICATION MAY NOT WORK ANYMORE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. FIRSTPIXEL AND ITS SUPPLIERS HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF RELIABILITY OR AVAILABILITY, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THE SOFTWARE AND ITS COMPONENTS, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE AND ITS COMPONENTS OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE AND ITS COMPONENTS. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE AND ITS COMPONENTS.
b. NO LIABILITY FOR DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FIRSTPIXEL OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF FIRSTPIXEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
c. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FIRSTPIXEL OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE AND ITS COMPONENTS, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE AND ITS COMPONENTS OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE AND ITS COMPONENTS, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT OR PRODUCT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF FIRSTPIXEL OR ANY SUPPLIER, AND EVEN IF FIRSTPIXEL OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILTY OF SUCH DAMAGES.
d. FIRSTPIXEL shall be relieved of any and all obligations with respect to this section for any portions of the Software that are revised, changed, modified, or maintained by anyone other than FIRSTPIXEL.
6. Additional copyright information about "pcre.dll"
Portions of this software are under the BSD License.
PCRE LICENCE
------------
PCRE is a library of functions to support regular expressions whose syntax
and semantics are as close as possible to those of the Perl 5 language.
Release 6 of PCRE is distributed under the terms of the "BSD" licence, as
specified below. The documentation for PCRE, supplied in the "doc"
directory, is distributed under the same terms as the software itself.
The basic library functions are written in C and are freestanding. Also
included in the distribution is a set of C++ wrapper functions.
THE BASIC LIBRARY FUNCTIONS
---------------------------
Written by: Philip Hazel
Email local part: ph10
Email domain: cam.ac.uk
University of Cambridge Computing Service,
Cambridge, England. Phone: +44 1223 334714.
Copyright (c) 1997-2005 University of Cambridge
All rights reserved.
THE C++ WRAPPER FUNCTIONS
-------------------------
Contributed by: Google Inc.
Copyright (c) 2005, Google Inc.
All rights reserved.
THE "BSD" LICENCE
-----------------
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are met:
* Redistributions of source code must retain the above copyright notice,
this list of conditions and the following disclaimer.
* Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in the
documentation and/or other materials provided with the distribution.
* Neither the name of the University of Cambridge nor the name of Google
Inc. nor the names of their contributors may be used to endorse or
promote products derived from this software without specific prior
written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
7. Additional copyright information about " Macromedia Flash Run-Time "
Macromedia Flash Run-Time Distribution License
Publisher has developed, intends to develop, has contracted to develop or intends to contract to have developed one or
more End-User Products, which it desires to distribute to end-users. Macromedia hereby licenses Publisher to distribute
the Macromedia Run-Time within such End-User Products without payment of a royalty to Macromedia, subject to the
terms of this License.
1. Definitions
(a) A “Developer” creates the End-User Products, using the Macromedia Software.
(b) An "End-User Product" is the output file, or projector, generated by the Macromedia Software, which includes a component of the Macromedia Software called the Macromedia Run-Time. Animations, courseware, presentations, demonstration files, interactive multimedia material, interactive entertainment products and the like are examples of End-
User Products.(c) The “Macromedia Run-Time” is a portion of the Macromedia Software required by the End User Product for the End- User Product to operate when the Macromedia Software product is not resident.
(d) The “Macromedia Software” is the Macromedia Flash authoring software product.
(e) A “Publisher” causes the Publisher Products to be reproduced and distributed to end-users, whether directly or indirectly, through distributors or resellers. A Publisher may also be the Developer, or may have contracted with the Developer to create the Publisher Product.
(f) “Publisher Products” means the End-User Products developed through use of the Macromedia Software.
2. Grant of Rights
(a) Publishing License.
(i) Macromedia grants to Publisher a non- exclusive, non-transferable, perpetual, worldwide, nonroyalty bearing license to incorporate, or have incorporated by its Developer, object code copies of the Macromedia Run-Time into Publisher Products and to display, perform, copy, advertise, promote, distribute, license and sub-license such copies, subject to Publisher’s compliance with the terms of this License. Publisher has no right to, and agrees not to display, perform, copy, distribute, license and sub-license copies of the Macromedia Run-Time except as a part of or within a Publisher Product.
(ii) End-User Products developed using Educational, Academic or Not For Resale (NFR) versions of the Macromedia Software are restricted to internal use only and are not included within the definition of Publisher Products.
(iii) Publisher’s end-user license agreement shall contain, at a minimum, the following limitations: (1) no title to or ownership rights in the Publisher Product or any portion of the Publisher Product are transferred; (2) the end-user shall not reverse compile or disassemble the Publisher Product.
(iv) Publisher’s rights to distribute Publisher Products created by a Developer are subject to Publisher and Developer having entered into a written agreement requiring Developer to comply with this Section 2(a). Publisher’s failure to require Developer to so comply will be deemed a material breach of this License.
3. General
(a) Indemnification of Macromedia. With the exception of claims which may relate solely to the operation of the Macromedia Run-Time itself, Publisher shall indemnify and hold Macromedia harmless against all claims, demands, suits, liabilities, losses, damages, judgments, settlements, costs and expenses, (including reasonable attorneys’ fees) arising out of third party claims against Macromedia relating to the performance, promotion and/or distribution of the Publisher
Products.
(b) Governing Law and Legal Actions. This License shall be governed by internal laws of the State of California.
8. Governing Law
This Agreement shall be construed and the legal relation between the parties determined in accordance with Brazilian law. Area of jurisdiction is Barueri, Brazil.
CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAS READ THIS AGREEMENT, UNDERSTAND IT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. CUSTOMER FURTHER AGREES THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN CUSTOMER AND FIRSTPIXEL WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN CUSTOMER AND FIRSTPIXEL RELATING TO THE SOFTWARE. This Agreement may not be modified except by a writing signed by a duly authorized representative of FIRSTPIXEL.
Copyright © 2002 Firstpixel - http://www.firstpixel.com
Copyright © 2006 WISE OPTIMIZER - http://www.wiseoptimizer.com