This legal document is an Agreement between you, the end user, and Clever
Browser (THE COMPANY). By installing this software, you are agreeing to become
bound by the terms of this agreement, which includes a software license and
disclaimer of warranty. THE COMPANY reserves the right to update the terms of
this agreement at any time without notice to you. The most current version of
this agreement can be reviewed by clicking on the "Terms of Use" hypertext link
located at the bottom of THE COMPANY's Web pages found at
http://www.cleverbrowser.com.
This agreement constitutes the complete agreement between you and THE COMPANY.
If you do not agree to the terms of this agreement, do not install the software.
Promptly return the package and the other items that are part of this product to
the place where you obtained them for a full refund.
1. GRANT OF LICENSE - THE COMPANY grants to you, the licensee, a royalty free
non-exclusive right to use this copy of Clever Browser (the "Software") with the
terms set forth in this document.
2. OWNERSHIP OF SOFTWARE - THE COMPANY retains title and ownership of the
software recorded on the original media and all subsequent copies of the
software, including downloaded copies.
3. COPY RESTRICTIONS - The software and accompanying written materials are
copyrighted. Unauthorized copying of any part of the software or of any
accompanying written material is expressly forbidden. However, you may make one
copy of the software for your personal backup purposes. You are not permitted to
make any copy of the printed material accompanying the software, printed
material is only supplied with retail boxed versions of the software, not
downloaded versions.
4. BACKUP THIS SOFTWARE - IT IS YOUR RESPONSIBILITY TO MAINTAIN A BACKUP COPY OF
THIS SOFTWARE ON ANOTHER PC OR ON A CD, FOR USE IN THE EVENT OF CATASTROPHIC
LOSS SUCH AS HARD DISK CRASH OR LOSS OF YOUR WORKING PC IN ANY OTHER MANNER.
As a courtesy, THE COMPANY will maintain links to download our software that
were sold in the past 365 days on THE COMPANY’S support web page. If the version
of software you purchased is not on the support web page, you will be able to
purchase the latest version at the published upgrade price for the software,
after you provide proof of ownership of the original software.
5. 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 COMPANY.
You may only make a one-time permanent transfer of the software in its entirety
to another end user, provided you retain no copies and you transfer all of the
software product including all component parts, media and printed materials,
upgrades, this license agreement AND the recipient agrees to the terms of this
license agreement.
6. TERMINATION - The License is effective until terminated. The License will
terminate automatically without notice from THE COMPANY if you fail to comply
with any provision of this license. Upon termination, you must destroy the
accompanying written materials and all copies of software.
7. DISCLAIMER OF WARRANTY - THE COMPANY does not warrant that functions
contained in the software will meet your requirements, or will operate in
combinations which may be selected for use by you, or that the operation of the
software will be uninterrupted or error free, or that any defects that may exist
in the Software will be corrected. Errors may exist in the software.
8. REVERSE ENGINEERING - You may not yourself or through a third party reverse
engineer, decompile or disassemble the software except, and only to the extent
such activity is expressly permitted by applicable laws notwithstanding this
limitation.
9. PARTIAL USE - This software may not be used in whole or in part to enhance,
create or otherwise assist in the development of a similar competitive product
without express written consent from THE COMPANY.
10. UPGRADE - If this software is issued as an upgrade, you must be properly
licensed to use the product identified by THE COMPANY as being eligible for the
upgrade. Following the upgrade, you may use the resulting upgraded software only
in accordance with this license agreement and you may not sell or re-use the
upgraded product or the original product.
11. UPDATES - Certain components of this Software requires to be updated
automatically from time to time due to changes in Address formats and Webpage
formats which are not within Clever Browser's control. You shall have the right
to obtain Component Update(s) free of cost only for 365 Days. However, You can
purchase subscription to Component update(s) for additional fee after the free
period of 365 Days to continue receiving such updates, but for the subscribed
period only. This License does not otherwise permit the licensee to obtain and
use Component Updates.
12. RESERVATION OF RIGHTS - THE COMPANY reserves all rights not expressly
granted to you in this license agreement.
13. LICENCE KEY - You may not disclose to any other person or organization your
license key. You agree to store it and keep it confidential and to notify THE
COMPANY immediately if you have any reason to believe it may have been
compromised.
14. LICENSE KEY REGISTRATION - There are technological measures in this Software
that are designed to prevent unlicensed or illegal use of the Software. You
agree that THE COMPANY 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.
15. HOSTING - You may install the software on ONLY ONE PC at any given point of
time and you may not permit or enable other individuals to use the software over
a public access network of any kind including, but not limited to, internet,
intranet, bulletin boards, phone or mobile; unless you receive specific written
consent to do so from THE COMPANY.
16. RESTRICTIONS ON USE - You may not sell information captured using this
software or reproduce, display, publicly perform, distribute, or otherwise use
the captured information in any way for any public or commercial purpose. The
use of the captured data on any other web site or in a networked computer
environment for any purpose is prohibited. This license explicitly prohibits
captured data from being placed on a server for access to others outside the
company. This License explicitly prohibits re-broadcasting or sale of the
captured data in any form. This license is not for use by Service providers to
provide data extraction services to multiple clients using the same license key.
The captured data should be for company's internal use only. This License
permits the use of the software only by the end user to extract data by their
company or one end client for the purpose of using the extracted data by the
company.
17. Pirating of data is prohibited - Some third party web sites 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
third party web sites and documents, as well as using such captured data in a
manner where it is illegal to do so. THE COMPANY can offer you no opinions on
the legality of capturing any data, even if capability to capture such data is
included in this software. 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.
18. DISCLAIMER - THE COMPANY is not affiliated or connected in any manner to any
third party web sites, including but not restricted to, online directories,
listings, job boards, yellow pages and white pages. THE COMPANY recommends you
to read license agreements of these third party web sites and ensure you do not
violate any Government Laws or rules of the third party web sites before using
the software. You agree that THE COMPANY 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.
THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND. THE COMPANY 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.
THE COMPANY MAKES NO WARRANTIES OF ANY KIND, EXPRESSES OR IMPLIED, INCLUDING BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A
PARTICULAR PURPOSE, WITH RESPECT TO THIS PRODUCT. NO ORAL OR WRITTEN INFORMATION
OR ADVICE GIVEN BY THE COMPANY, 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.
NEITHER THE COMPANY NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION,
PRODUCTION, OR DELIVERY OF THIS PRODUCT SHALL BE LIABLE FOR ANY DIRECT,
INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGE FOR LOSS OF
BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE
LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS PRODUCT, EVEN IF THE
COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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.
19. LIMITATION ON SUIT - You agree that any suit or other legal action or any
arbitration relating in any way to this Agreement or to the software MUST be
officially filed or officially commenced no later than ONE (1) YEAR after the
software is received by you.
20. GOVERNING LAW AND FORUM -The validity, construction and performance Of this
agreement is governed by the laws of California.
21. COMPLETE AGREEMENT - This Agreement is the complete software license
agreement between you and THE COMPANY, and supersedes all prior negotiations,
agreements, and understandings concerning its subject matter. The interpretation
of this Agreement may not be explained or supplemented by any course of dealing
or performance, or by usage of trade.
If you have any questions concerning this Agreement, or if you desire to contact
THE COMPANY for any reason, please contact in writing.
Clever Browser
info@cleverbrowser.com