END-USER LICENSE AGREEMENT FOR PICKEMFIRST SOFTWARE.
Pickemfirst, LLC. End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Pickemfirst, LLC. for the Pickemfirst software(s) identified above which may include associated software components, media, printed materials, and "online" or electronic documentation ("Pickemfirst software"). By installing, copying, or otherwise using the Pickemfirst software, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and Pickemfirst, LLC., (referred to as "licenser"), and it supersedes any prior proposal, representation, or understanding between the parties. You are accepting the terms of this EULA either by clicking to accept or agree to the terms, or by actually using the software, in which case you understand and accept that we will treat your use of the software as acceptance of the terms of this EULA from that point onwards. If you do not agree to the terms of this EULA, do not install or use the Pickemfirst software.
The Pickemfirst software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
1. GRANT OF LICENSE.
The Pickemfirst software is licensed as follows:
(a) Installation and Use.
Pickemfirst, LLC grants you the right to install and use copies of the Pickemfirst software on your computer running a validly licensed copy of the operating system for which the Pickemfirst software was designed [e.g., Windows , Mac OS, Linux].
(b) Backup Copies.
You may also make copies of the Pickemfirst software as may be necessary for backup and archival purposes.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
(a) Maintenance of Copyright Notices.
You must not remove or alter any copyright notices on any and all copies of the Pickemfirst software.
You may not distribute registered copies of the Pickemfirst software to third parties.
(c) Prohibition on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, or disassemble the Pickemfirst software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
You may not rent, lease, or lend the Pickemfirst software.
(e) Support Services.
Pickemfirst, LLC may provide you with support services related to the Pickemfirst software ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of the Pickemfirst software and subject to the terms and conditions of this EULA.
(f) Compliance with Applicable Laws.
You must comply with all applicable laws regarding use of the Pickemfirst software.
Without prejudice to any other rights, Pickemfirst, LLC may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Pickemfirst software in your possession.
All title, including but not limited to copyrights, in and to the Pickemfirst software and any copies thereof are owned by Pickemfirst, LLC or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the Pickemfirst software is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by Pickemfirst, LLC
5. NO WARRANTIES
Pickemfirst, LLC expressly disclaims any warranty for the Pickemfirst software. The Pickemfirst software is provided 'As Is' without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. Pickemfirst, LLC does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the Pickemfirst software. As part of its operating procedure, Pickemfirst might have access to private information such as passwords but does not warrant or assume responsibility for any loss or misuse to your private information that may be caused by the use of our software. Pickemfirst, LLC makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. Pickemfirst, LLC further expressly disclaims any warranty or representation to Authorized Users or to any third party.
6. LIMITATION OF LIABILITY
In no event shall Pickemfirst, LLC be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of 'Authorized Users' use of or inability to use the Pickemfirst software, even if Pickemfirst, LLC has been advised of the possibility of such damages. In no event will Pickemfirst, LLC be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. Pickemfirst, LLC shall have no liability with respect to the content of the Pickemfirst software or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.
This agreement was last modified on 01/12/2011