SOFTWARE LICENSE AGREEMENT
This Software License Agreement ("Agreement") is made and effective immediately upon installing same software on user/licensee computer by and between ("Developer") and ("Licensee").
Developer has developed and licenses to users its software program marketed under the company names or general titles of Tsoft, SpecialOperationsSoftware, MarketerSOS and others (the "Software").
Licensee desires to utilize a copy of the Software.
NOW, THEREFORE, in consideration of the mutual promises set forth herein, Developer and Licensee agree as follows:
1. License.
Developer hereby grants to Licensee a perpetual,
non-exclusive, limited license to use the Software in the United
States of America and/or other jurisdictions as set forth in this
Agreement.
2. Restrictions.
Licensee shall not modify, copy, duplicate,
reproduce, license or sublicense the Software, or transfer or convey
the Software or any right in the Software to anyone else without the
prior written consent of Developer; provided that Licensee may make
one copy of the Software for backup or archival purposes.
[understanding that said backup software will not function
until/unless developer activates same copy]
3. Fee.
In consideration for the grant of the license and the
use of the Software, Licensee agrees to pay Developer a license fee.
4. Warranty of Title.
Developer hereby represents and warrants
to Licensee that Developer is the owner of the Software or otherwise
has the right to grant to Licensee the rights set forth in this
Agreement. In the event any breach or threatened breach of the
foregoing representation and warranty, Licensee's sole remedy shall
be to require Developer or to either: i) procure, at Developer's
expense, the right to use the Software, ii) replace the Software or
replace it with Software of comparable functionality at developers
discretion, or iii) refund to Licensee the full or partial amount of
the license fee upon the return of the Software and all copies
thereof to Developer within minimum time frame allowed and enforced
by established law within state, location, or territory of developer.
5. Warranty of Functionality.
A. For a period of 30 days
following delivery of the Software to Licensee (the "Warranty
Period"), Developer warrants that the Software shall perform in
all material respects according to the Developer's specifications
concerning the Software when used with the appropriate computer
equipment. In the event of any breach or alleged breach of this
warranty, Licensee shall promptly notify Developer and return the
Software to Developer at Licensee's expense. Licensee's sole remedy
shall be that Developer shall correct the Software so that it
operates according to the warranty. This warranty shall not apply to
the Software if modified by anyone or if used improperly or on an
operating environment not approved by Licensor.
B. In the event of any defect in the media upon which the Software is provided arising within 30 days of the date of delivery of the Software, upon return to Developer of the Software upon the original media, Developer shall provide Licensee a new copy of the same or modified Software at developers discretion.
6. Software Maintenance.
A. Standard maintenance. During the
Warranty Period, Developer shall provide to Licensee any new,
corrected or enhanced version of the Software as created by
Developer. Such enhancement shall include all modifications to the
Software which increase the speed, efficiency or ease of use of the
Software, or add additional capabilities or functionality to the
Software, but shall not include any substantially new or rewritten
version of the Software.
B. Optional maintenance. After expiration of the Warranty Period, Licensee may continue to receive maintenance support for successive twelve (12) month periods. The charge for such optional maintenance support shall be Developer's regular list price for maintenance and support for the Software as published from time to time by Developer. Licensor shall notify Developer in writing if it desires to receive optional maintenance. If Licensee fails to take optional maintenance and later elects to receive it, Developer reserves the right to charge Licensee its maintenance fees for the period of the lapse in maintenance. Developer may elect to discontinue maintenance at any time upon notice to Licensee, and refund of any then unearned maintenance fees.
7. Payment.
Payment of the license fee shall be made upon
delivery of the Software. Payment of any other amount owed by
Licensee to Developer pursuant to this Agreement shall be paid within
thirty (30) days following invoice from Developer. In the event any
overdue amount owed by Licensee is not paid following ten (10) days
written notice from Developer, then in addition to any other amount
due, Developer may impose and Licensee shall pay a late payment
charge at the rate of one percent (1%) per month on any overdue
amount.
8. Taxes.
In addition to all other amounts due hereunder,
Licensee shall also pay to Developer, or reimburse Developer as
appropriate, all amounts due for property tax on the Software and for
sales, use, excise taxes or other taxes which are measured directly
by payments made by Licensee to Developer. In no event shall Licensee
be obligated to pay any tax paid on the income of Developer or paid
for Developer's privilege of doing business.
9. Warranty Disclaimer.
DEVELOPER'S WARRANTIES SET FORTH IN
THIS AGREEMENT ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
10. Limitation of Liability.
Developer shall not be responsible
for, and shall not pay, any amount of incidental, consequential or
other indirect damages, whether based on lost revenue or otherwise,
regardless of whether Developer was advised of the possibility of
such losses in advance. In no event shall Developer's liability
hereunder exceed the amount of license fees paid by Licensee,
regardless of whether Licensee's claim is based on contract, tort,
strict liability, product liability or otherwise.
11. Notice.
Any notice required by this Agreement or given in
connection with it, shall be in writing and shall be given to the
appropriate party by personal delivery or by certified mail, postage
prepaid, or recognized overnight delivery services.
12. Governing Law.
This Agreement shall be construed and
enforced in accordance with the laws of the state of Texas.
13. No Assignment.
Neither this Agreement nor any interest in
this Agreement may be assigned by Licensee without the prior express
written approval of Developer.
14. Final Agreement.
This Agreement terminates and supersedes
all prior understandings or agreements on the subject matter hereof.
This Agreement may be modified only by a further writing that is duly
executed by both parties.
15. Severability.
If any term of this Agreement is held by a
court of competent jurisdiction to be invalid or unenforceable, then
this Agreement, including all of the remaining terms, will remain in
full force and effect as if such invalid or unenforceable term had
never been included.
16. Headings.
Headings used in this Agreement are provided for
convenience only and shall not be used to construe meaning or intent.
17. Executable Code
This software may contain more than the primary executable software program used and required in conjunction with primary executable to enable certain functionality including but not limited to secondary functions required in order to achieve final affect of software goal, as well as communication abilities to induce and/or maintain contact with software user.
EARNINGS DISCLAIMER
EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT THIS PRODUCT AND ITS POTENTIAL. THERE IS NO GUARANTEE THAT YOU WILL EARN ANY MONEY USING THE TECHNIQUES AND IDEAS OR SOFTWARE PROVIDED WITH THIS WEBSITE. EXAMPLES IN THIS PAGE ARE NOT TO BE INTERPRETED AS A PROMISE OR GUARANTEE OF EARNINGS. EARNING POTENTIAL IS ENTIRELY DEPENDENT ON THE PERSON USING THE INFORMATION INCLUDED TO THIS PAGE, THE IDEAS AND THE TECHNIQUES. WE DO NOT PURPORT THIS AS A GET RICH SCHEME. YOUR LEVEL OF SUCCESS IN ATTAINING THE RESULTS CLAIMED IN THIS PAGE DEPENDS ON THE TIME YOU DEVOTE TO THE IDEAS AND TECHNIQUES MENTIONED, YOUR FINANCES, KNOWLEDGE AND VARIOUS SKILLS. SINCE THESE FACTORS DIFFER ACCORDING TO INDIVIDUALS, WE CANNOT GUARANTEE YOUR SUCCESS OR INCOME LEVEL. NOR ARE WE RESPONSIBLE FOR ANY OF YOUR ACTIONS. MATERIALS IN THIS PAGE MAY CONTAIN INFORMATION THAT INCLUDES FORWARD-LOOKING STATEMENTS THAT GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH AS ANTICIPATE, ESTIMATE, EXPECT, PROJECT, INTEND, PLAN, BELIEVE, AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE. ANY AND ALL FORWARD LOOKING STATEMENTS HERE OR ON ANY OF OUR SALES MATERIAL ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR ANYBODY ELSE'S, IN FACT NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR IDEAS AND TECHNIQUES IN OUR MATERIAL.
Software Disclaimer: The software is distributed "as is" and with no warranties of any kind, whether express or implied, including and without limitation, any warranty of merchantability or fitness for a particular purpose. The user (you) must assume the entire risk of using the software. In no event shall any individual, company or organization involved in any way in the development, sale or distribution of this software be liable for any damages whatsoever relating to the use, misuse, or inability to use this software (including, without limitation, damages for loss of profits, business interruption, loss of information, or any other loss).
ALL OF OUR SOFTWARE REQUIRES MICROSOFT FILE - .NET FRAMEWORK V.2.0
Terms & Conditions of Use & Disclaimers | Privacy Policy | Anti-Spam Policy | Affiliate Agreement | Paid Subscriber Agreement | Earnings Agreement
Terms Of Acceptable Use Policy
Last updated: Jan 04, 2008
Tsoft Co. reserves the right to modify this Policy at any time, effective upon posting of the modified Policy to this URL. Any modifications to this Policy will be made when Tsoft Co. determines if it is appropriate and it is the responsibility of all users of Tsoft Co. network to ensure their awareness of any such changes.
All services are offered to members for as long their subscription is a valid one. Upon the cancellation of subscription all users' data will be deleted.
Whereas an indication of "Resale Rights License" exists, the following rules apply unless a certain exception has been mentioned on a separate website:
You can instantly resell the product for as long you remain a paid subscriber.
We set a standard selling price for the products and ask you to adopt this price (or more). This helps maintain the value of the products for the benefit of all our members.
You cannot pass the resale rights to your customers.
You cannot give the product away.
You cannot sell the product in auction sites, like eBay.com®, etc.
You cannot include the product to membership sites.
You cannot package the product with other products.
You must include your resale rights license file when selling/distributing the product.
Whereas an indication of "Master Resale Rights License" exists the following rules apply unless a certain exception has been mentioned on a separate website:
You can instantly resell the product for as long you remain a paid subscriber.
We set a standard selling price for the products and ask you to adopt this price (or more). This helps maintain the value of the products for the benefit of all our members.
You can pass the resale rights to your customers.
You cannot give the product away.
You cannot sell the product in auction sites, like eBay.com®, etc.
You cannot include the product to membership sites.
You cannot package the product with other products.
You must include your master resale rights license file when selling/distributing the product.
Whereas an indication of "Private Label Rights" exists, the following rules apply unless a certain exception has been mentioned on a separate website:
You may edit the source file/s and create a new product or improve the existing one/s for as long you remain a paid subscriber..
For ebooks: You can use the content of the source files for creating your own articles, ebooks, reports, posts in blogs, etc. You cannot sell the source files as they are, that is: the .doc, .rtf files and/or the graphics.
For scripts/softwares: you can use the source code for creating your own script and/ or software.
You may omit our Copyright Notice if you create your own promotional materials (website, graphics, deliverable files) and in general change the layout and appearance of the product.
You can resell the product if Resale Rights are assigned to it. The above terms related to the Resale Rights License apply.
You can pass the resale rights to your customers if Master Resale Rights are assigned to it. The above terms related to the Master Resale Rights License apply.
Where as an affiliate program offered through a third party's service, like ClickBank® the third party's terms and policies apply.
Our affiliate program operates at www.marketersos.com.
Different rules and commission plans may exist to separate events and different products.
Services May Only be Used for Lawful Purposes
All services offered may be used only for lawful
purposes. Transmission, distribution or storage of any material in
violation of any applicable law or regulation is prohibited. This
includes, without limitation, material protected by copyright,
trademark, trade secret or intellectual property right used without
proper authorization, and material that is obscene, defamatory, an
illegal threat, discriminatory, racist, or violates export control
laws.
The user (YOU) acknowledges that Tsoft Co. is unable to
exercise control over the content of the information passing over
Tsoft Co. network. Therefore Tsoft Co. is not responsible for the
content of any of your content/message/s. The user (YOU)
undertakes to conform to the Internet protocols and standards. The
user may not circumvent user authentication or security of any host,
network, or account (referred to as "cracking" or
"hacking"), nor interfere with service to any user, host,
or network (referred to as "denial of service attacks").
Without prejudice to the foregoing Tsoft Co. considers that any
application that overloads Tsoft Co. network by whatever means will
be considered as making profligate use of Tsoft Co. network and is as
such not allowed. Use of IP multicast other than by means provided
and coordinated by Tsoft Co. is likewise prohibited.
Violations
of system or network security are prohibited, and may result in
criminal and civil liability. Tsoft Co. will investigate incidents
involving such violations and will involve and will cooperate with
law enforcement if a criminal violation is suspected. Examples of
system or network security violations include, without limitation,
the following: Unauthorized access to or use of data, systems or
networks, including any attempt to probe, scan or test the
vulnerability of a system or network or to breach security or
authentication measures without express authorization of the owner of
the system or network; Unauthorized monitoring of data or traffic on
any network or system without express authorization of the owner of
the system or network; Interference with service to any user, host or
network including, without limitation, mailbombing, flooding,
deliberate attempts to overload a system and broadcast attacks;
Forging of any TCP-IP packet header or any part of the header
information in an email or a newsgroup posting. If approached with
complaints relating to any of the above violations, Tsoft Co. will
cooperate and assist law enforcement and other authorities with their
investigations in order to bring such misuse and violations to an
end.
In specific:
{*} Transmission, distribution,
or storage of any message, information, data or material in violation
of international regulation or law is prohibited. This includes, but
is not limited to, material protected by copyright, trademark, trade
secret, or any other statute.
{*} Tsoft Co. reserves the right to
remove such illegal content from servers immediately. Tsoft Co.
expressly forbids anyone from using Tsoft Co. services for the
propagation, distribution, housing, processing, storing, or otherwise
handling in any way lewd, obscene, or pornographic material, satanic
material, or any other material which we deem to be objectionable.
The designation of any materials as such described above is left
entirely to the discretion of Tsoft Co..
Unlawful and/or
Unethical Use
Tsoft Co. does NOT allow sites that provide
points of distribution, or links to the following types of sites:
{*} Adult Sites.- Any erotic or pornographic
material, links to adults sites, or advertisements for adult sites or
adult (nudity) related content.
{*} Pirated Software (Warez).- Any
software that is copyrighted and not freely available for
distribution without cost. Including: ROMs, ROM Emulators, Mpeg Layer
3 files (MP3) and DVD Videos.
{*} Hacking / Phreaking.- Includes
sites with material, links, or resources for Hacking, Phreaking,
Viruses, Anarchy, or any type of site that promotes the destruction
or compromises the integrity of Web Hosting Network.
{*}
SpamWare.- Any links to a spam resource site, spam material, or
advertisements for spam utilities such as mailers, email collectors
or actual email addresses or 'leads' (for lease, rent or
purchase).
Back up
You must make sure to back up your data, including your lists, messages and leads on a regular basis. We are not responsible for the loss of your data no matter what ever reason occurs. Also read the Disclaimer below.
The following terms govern and apply to all the
domain names, their sub-domains and sub-directories that relate to
and constitute the property of Tsoft Co.. This sets forth our policy
with regard to the use of “Spam” marketing techniques in
connection with Internet Marketing. In the event that we deem you to
be in violation of these policies, we shall immediately revoke your
membership rights and close any active account.
We have a
strict policy against spamming. We forbid the sending of unsolicited
mass Emails or unsolicited Emails of any kind in connection with the
marketing of our programs, products and services.
We reserve
the right to terminate your account and participation in our programs
“for cause” if we deem you to be in violation of our
anti-spamming policies. We also reserve the right to suspend your
account and participation pending review upon receipt of any
complaint or other evidence that you may be engaging in any spamming
activity.
We consider spamming to be any activity whereby you
directly or indirectly transmit email messages to any email address
that has not solicited such email and does not consent to such
transmission. We also consider spamming to constitute posting
advertisements in newsgroups in violation of the terms of
participation in such newsgroup, that are off topic, or in newsgroups
that do not specifically permit advertisements. We also consider it
spamming when advertisements are placed on message boards or in chat
rooms when they are not permitted by the terms of participation in
such message boards and chat rooms.
In specific:
{*} Tsoft Co. strictly prohibits harassment, whether
through language, frequency, or size of messages. Forging of header
information is not permitted.
{*} Tsoft Co. does not allow
unsolicited mail (UCE). This includes "Spamming" and "Bulk
Mail" sent to persons who have otherwise not requested to
receive such mail. The reason for this is that not only is it
generally frowned upon by the internet community, but it also demands
extra bandwidth to handle the effects of such mail. Users'
accounts found to be sending UCE will be terminated without
notice.
It is explicitly prohibited to send unsolicited mail
messages ("Junk mail" or "spam") of any kind
(commercial advertising, political tracts, announcements etc.). Users
may not forward or propagate chain letters nor malicious e-mail. A
user may not solicit mail for any other address other than that of
the user, except with full consent of the owner of the referred
address.
Complaints regarding Illegal Use or System or network
Security issues, Email abuse, or Spamming should be reported through
the HelpDesk at www.officialsupportforum.com
Tsoft Co. is committed to protecting the privacy of our online visitors. We collect information from online visitors who ask to be on our newsletter/lists and/or receive periodic email announcements. Anyone who wishes can choose to be removed from our mailing list at any time.
In addition, online visitors who wish to purchase a membership through our Web site must provide their name, email address, mailing address, phone number, and credit card number and expiration date. All credit card transactions occur over a secure connection.
All online visitor data collected by Tsoft Co. is protected against unauthorized access. We will not sell, trade, or give your personal information to other companies or organizations.
Tsoft Co. strives to offer their visitors the many advantages of Internet technology and to provide an interactive and personalized experience. We may use Personally Identifiable Information (your name, e-mail address, street address, telephone number) subject to the terms of this privacy policy. We will never sell, barter, or rent your email address to any unauthorized third party.
How we gather information from user
How we collect and store information depends on the page you are visiting, the activities in which you elect to participate and the services provided. For example, you may be asked to provide information when you register for access to certain portions of our site or request certain features, such as newsletters or when you make a purchase. Like most Web sites, Tsoft Co. also collects information automatically and through the use of electronic tools that may be transparent to our visitors. For example, we may log the name of your Internet Service Provider or use cookie technology to recognize you and hold information from your visit. Among other things, the cookie may store your user name and password, sparing you from having to re-enter that information each time you visit, or may control the number of times you encounter a particular advertisement while visiting our site. As we adopt additional technology, we may also gather information through other means. In certain cases, you can choose not to provide us with information, for example by setting your browser to refuse to accept cookies, but if you do you may be unable to access certain portions of the site or may be asked to re-enter your user name and password, and we may not be able to customize the site’s features according to your preferences.
What we do with the information we collect
Like other Web publishers, we collect information to enhance your visit and deliver more individualized content and advertising. By submitting your information via a form on our website you are signifying your consent that we may use the contact information you submitted to fulfill and answer your request for the information.
Aggregated Information (information that does not personally identify you) may be used in many ways. For example, we may combine information about your usage patterns with similar information obtained from other users to help enhance our site and services (e.g., to learn which pages are visited most or what features are most attractive). Aggregated Information may occasionally be shared with our advertisers and business partners.
Our contributors to "deal time" events including product contributors in other productions can be provided with your customer information so that they may fulfill delivery and customer support for the products you have been provided as part of your purchase.
We may use Personally Identifiable Information collected on our sites to communicate with you about your registration and customization preferences; our Terms of Service and privacy policy; services and products offered by us and other topics we think you might find of interest.
Personally Identifiable Information collected by us may also be used for other purposes, including but not limited to site administration, troubleshooting, processing of e-commerce transactions, and other communications with you. Certain third parties who provide technical support for the operation of our site (our Web hosting service for example and our programmers) may access such information. We also occasionally use third party telephone centers to contact our customers to offer additional coaching and mentoring services to our existing clients. We will use your information only as permitted by law. In addition, from time to time as we continue to develop our business, we may sell, buy, merge, partner, or joint venture with other companies or businesses. In such transactions, user information may be among the transferred assets. We may also disclose your information in response to a court order, at other times when we believe we are reasonably required to do so by law, in connection with the collection of amounts you may owe to us, and/or to law enforcement authorities whenever we deem it appropriate or necessary. Please note we may not provide you with notice prior to disclosure in such cases.
Affiliated sites, linked sites and advertisements
We are not necessarily affiliated with sites that may be linked to this site and are not responsible for their content. The linked sites are for your convenience only and you access them at your own risk. Links to other websites or references to products, services or publications other than those of Tsoft Co., do not imply the endorsement or approval of such websites, products, services or publications.
In specific:
We expect our partners, advertisers and affiliates to respect the privacy of our users, visitors, customers. Be aware, however, that third parties, including our partners, advertisers, affiliates and other content providers accessible through our site, may have their own privacy and data collection policies and practices. For example, during your visit to our site you may link to, or view as part of a frame on our page, certain content that is actually created or hosted by a third party. Also, through us you may be introduced to, or be able to access, information, Web sites, features, contests or sweepstakes offered by other parties. We are not responsible for the actions or policies of such third parties. You should check the applicable privacy policies of those third parties when providing information on a feature or page operated by a third party.
While on our site, our advertisers, promotional partners or other third parties may use cookies or other technology to attempt to identify some of your preferences or retrieve information about you. For example, some of our advertising is served by third parties and may include cookies that enable the advertiser to determine whether you have seen a particular advertisement before or were referred to their site while visiting one of our websites. Other features available on our site may offer services operated by third parties and may use cookies or other technology to gather information. We do not control the use of this technology by third parties or the resulting information, and are not responsible for any actions or policies of such third parties.
You should also be aware that if you voluntarily disclose Personally Identifiable Information on message boards or in chat areas, that information can be viewed publicly and can be collected and used by third parties without our knowledge and may result in unsolicited messages from other individuals or third parties. Such activities are beyond the control of this policy.
Minors
We do not knowingly collect personal information from children under the age of 13. If we learn that we have personal information on a child under the age of 13, we will delete that information from our systems. The Internet Company encourages parents to go online with their kids. Here are a few tips to help make a child's online experience safer: Teach kids never to give personal information, unless supervised by a parent or responsible adult. Includes name, address, phone, school, etc. Know the sites your kids are visiting and which sites are appropriate.Look for Web site privacy policies. Know how your child's information is treated. Check out the FTC's site http://www.ftc.gov/bcp/conline/edcams/kidzprivacy/index.html for more tips on protecting children's privacy online.
Database Ownership, License, and Use
We warrant, and you accept, that we are the owner of the copyright of the Databases of Links to articles and resources available from time to time. Tsoft Co. and our contributors reserve all rights and no intellectual property rights are conferred by this agreement.
We grant you a non-exclusive, non-transferable license to use database(s) accessible to you subject to these Terms and Conditions. The database(s) may be used only for viewing information or for extracting information to the extent described below.
You agree to use information obtained from our databases only for your own private use or the internal purposes of your home or business, provided that is not the selling or broking of information, and in no event cause or permit to be published, printed, downloaded, transmitted, distributed, reengineered, or reproduced in any form any part of the databases (whether directly or in condensed, selective or tabulated form) whether for resale, republishing, redistribution, viewing, or otherwise.
Nevertheless, you may download or print out individual pages of information that have been individually selected, to meet a specific, identifiable need for information which is for your personal use only, or is for use in your business only internally, on a confidential basis. You may make such limited number of duplicates of any output, both in machine-readable or hard copy form, as may be reasonable for these purposes only. Nothing herein shall authorize you to create any database, directory or hard copy publication of or from the databases, whether for internal or external distribution or use.
Links and Marks
Certain names, graphics, logos, icons, designs, words, titles or phrases at this website may constitute trade names, trademarks or service marks of Tsoft Co. or of other entities. The display of trademarks on our website does not imply that a license of any kind has been granted. Any unauthorized downloading, re-transmission, or other copying of modification of trademarks and/or the contents herein may be a violation of federal common law trademark and/or copyright laws and could subject the copier to legal action.
Confidentiality of Codes, Passwords and Information
You agree to treat as strictly private and confidential any Subscriber Code, username, user ID, or password which you may have received from us, and all information to which you have access through password-protected areas of Tsoft Co. 's websites and will not cause or permit any such information to be communicated, copied or otherwise divulged to any other person whatsoever.
Tsoft Co. reserves the right to issue revisions to these Terms of Use by publishing a revised version of this document on this site: that version will then apply to all use by you following the date of publication. Each access of information from Tsoft Co. will be a separate, discrete transaction based on the then prevailing terms.
This Terms of Use and the license granted may not be assigned or sublet by You without Tsoft Co. 's written consent in advance.
To the extent you have in any manner violated or threatened to violate Tsoft Co. and/or his affiliates' intellectual property rights, Tsoft Co. and/or affiliates may seek injunctive or other appropriate relief through any appropriate judicial way.
If any provision of this agreement is void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby.
Termination
These Terms of Use agreement are effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from us through your purchases and from our sites and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice at Tsoft Co.'s sole discretion, should you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this site and any and all other Tsoft Co. 's sites and all copies thereof, whether made under the terms of this agreement or otherwise.
The following terms govern and apply to all the domain names, their sub-domains and sub-directories that relate to and constitute the property of Tsoft Co..
EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT THE INTERNET COMPANY'S PRODUCTS AND THEIR POTENTIAL. THERE IS NO GUARANTEE THAT YOU WILL EARN ANY MONEY USING THE TECHNIQUES AND IDEAS IN THE MATERIALS USED AND PRESENTED BY THE WEBSITES OF THE INTERNET COMPANY. EXAMPLES IN THESE MATERIALS ARE NOT TO BE INTERPRETED AS A PROMISE OR GUARANTEE OF EARNINGS. EARNING POTENTIAL IS ENTIRELY DEPENDENT ON THE PERSON USING OUR PRODUCT, IDEAS AND TECHNIQUES. WE DO NOT PURPORT THIS AS A GET RICH SCHEME.
ANY CLAIMS MADE OF ACTUAL EARNINGS OR EXAMPLES OF ACTUAL RESULTS CAN BE VERIFIED UPON REQUEST. YOUR LEVEL OF SUCCESS IN ATTAINING THE RESULTS CLAIMED IN OUR MATERIALS DEPENDS ON THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES MENTIONED, YOUR FINANCES, KNOWLEDGE AND VARIOUS SKILLS. SINCE THESE FACTORS DIFFER ACCORDING TO INDIVIDUALS, WE CANNOT GUARANTEE YOUR SUCCESS OR INCOME LEVEL. NOR ARE WE RESPONSIBLE FOR ANY OF YOUR ACTIONS.
MATERIALS IN OUR PRODUCTS AND OUR WEBSITES MAY CONTAIN INFORMATION THAT INCLUDES FORWARD-LOOKING STATEMENTS THAT GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH AS ANTICIPATE, ESTIMATE, EXPECT, PROJECT, INTEND, PLAN, BELIEVE, AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE.
ANY AND ALL FORWARD LOOKING STATEMENTS HERE OR ON ANY OF OUR SALES MATERIAL ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR ANYBODY ELSE'S, IN FACT NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR IDEAS AND TECHNIQUES IN OUR MATERIAL.
Facts and information at this website are believed to be accurate at the time they were placed on the website/s. Changes may be made at any time without prior notice. All data provided on our websites is to be used for information purposes only. The information contained on this website and pages within, is not intended to provide specific legal, financial or tax advice, or any other advice, whatsoever, for any individual or company and should not be relied upon in that regard. The services described on this website are only offered in jurisdictions where they may be legally offered. Information provided in our website is not all-inclusive, and is limited to information that is made available to Tsoft Co. and such information should not be relied upon as all-inclusive or accurate.
The materials in our site are provided "as is" and without warranties of any kind either express or implied. Tsoft Co. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Tsoft Co. does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that our pages on any server are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of the materials in our sites in terms of their correctness, accuracy, reliability, or otherwise. You (and not us) assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Tsoft Co. WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ANY OF ITS SITE.
THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY:
USE OF (OR INABILITY TO USE) THE SITE/S
USE OF (OR INABILITY TO USE) ANY SITE/S TO WHICH YOU HYPERLINK FROM OUR SITE/S
FAILURE OF OUR SITE/S TO PERFORM IN THE MANNER YOU EXPECTED OR DESIRED
ERROR ON OUR SITE/S
OMISSION ON OUR SITE/S
INTERRUPTION OF AVAILABILITY OF OUR SITE/S
DEFECT ON OUR SITE/S
DELAY IN OPERATION OR TRANSMISSION OF OUR SITE/S
COMPUTER VIRUS OR LINE FAILURE
PLEASE NOTE THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING:
DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY
DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS "CONSEQUENTIAL DAMAGES.")
OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS "INCIDENTAL DAMAGES.")
WE ARE NOT LIABLE EVEN IF WE’VE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH.
EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE "INCIDENTAL" OR "CONSEQUENTIAL" DAMAGES. IF YOU LIVE IN ONE OF THOSE STATES, THE ABOVE LIMITATION OBVIOUSLY WOULD NOT APPLY WHICH WOULD MEAN THAT YOU MIGHT HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES.
HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF ANY AND EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY’RE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID IF ANYTHING TO ACCESS OUR SITE/S.
INDIRECT OR ATTEMPTED VIOLATIONS OF THIS POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF Tsoft Co. CUSTOMER OR A CUSTOMER'S END USER, SHALL BE CONSIDERED VIOLATIONS OF THIS POLICY BY SUCH CUSTOMER OR END USER.
If you do not agree with any of the terms mentioned above please do not use our services.
Jurisdiction and Other Points to Consider
If
you use our site from locations outside of the United States, you are
responsible for compliance with any applicable local laws.
These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of Delaware, as it is applied to agreements entered into and to be performed entirely within such jurisdiction.
To the extent you have in any manner violated or threatened to violate Tsoft Co. and/or its affiliates' intellectual property rights, Tsoft Co. and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of Delaware, and you consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Delaware. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Delaware, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
Tsoft Co. may modify these Terms of Use, and the agreement they create, at any time, simply by updating this posting and without notice to you. This is the ENTIRE agreement regarding all the matters that have been discussed.
Contacting Us.
Email:
We can be reached through the HelpDesk at www.OfficialSupportForum.com
Mail:
Tsoft Co.
P.O. Box 732
McCamey, Tx 79752 USA
Phone: (432) 272-3748
IN WITNESS WHEREOF, Developer and Licensee have executed this Software License Agreement once the user has fully installed this software on his computer or any equivalent thereof.