LICENSE AGREEMENTggd
LICENSE AGREEMENTggd
LICENSE AGREEMENTggd
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 “organization,” without limitation, includes any partnership, limited liability
company, corporation, association, joint stock company, trust, joint venture, labour organization,
unincorporated organization, 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. Unauthorized
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
install this software in any PC or Laptop and use your login credentials to access the software. But only
one user(one login) can access the software at a time.
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 capability to undertake such activity is included in this
Software.
WARRANTY
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 unlicensed or illegal use of the Software, and automatic processes provide live
updates to Software and routinely optimize 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 as a same
time. This Agreement and the Software containing enforcement technology require login credentials as
further set forth during installation and in the Documentation. Verification of the login happens at
periodic intervals and requires the computer to be connected to the Internet. Internet connection failure
during the login and after check will not allow functioning of the Software.
You may install the Software on MULTIPLE PC, MULTIPLE CPU at any given point of time but you may not
permitted to do multiple logins into software at a same time; unless you receive specific written consent
to do so from THE LICENSOR. Each login credentials will be tied with single login access at a time.
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 customized
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 by 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 web site or emails are blocked because
of actions 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 web site (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 web sites and search engines is blocked because of actions 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 optimizing 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 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 web sites 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 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
web sites 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
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 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 MERCHANTIBILITY 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 web sites, directories to aggregate information
from the Internet. THE LICENSOR does not control the data on these search engines and third party web
sites. 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.
BACKUP OF 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.
Should you have any questions concerning this Agreement, or if you desire to contact the Licensor for
any reason, please contact our Customer Department @redscraper.com.
© 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.