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Shelron Group Inc.
¾ðÊó URL:
http://www.shelrongroup.com/
ÅŻҥ᡼¥ë: info@activshopper.com
¥×¥é¥¤¥Ð¥·Àë¸À:
ActiveShopper LICENSE AGREEMENT

This License only applies to the English-language version of the ActiveShopper software and its accompanying files, data and materials (the “Software”). Please read this Agreement in full before using the Software. ONLY INDIVIDUALS WHO HAVE AGREED TO THE TERMS AND CONDITIONS OF THIS AGREEMENT MAY USE THE SOFTWARE.
BY CLICKING THE “YES” BUTTON BELOW, YOU WARRANT THAT YOU ARE AT LEAST EIGHTEEN YEARS OLD AND THAT YOU HAVE THE LEGAL CAPACITY TO ENTER INTO CONTRACTS, YOU AGREE TO USE THE SOFTWARE ONLY IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOUR USE OF THE SOFTWARE IS ALSO GOVERNED BY THE TERMS OF USE DESCRIBED BELOW, AND YOU AGREE THAT YOU ARE BOUND BY AND ARE A PARTY TO THIS AGREEMENT.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT OR IF YOU ARE YOUNGER THAN EIGHTEEN, CLICK “NO” AND YOU MAY NOT INSTALL THE SOFTWARE

1. Scope of License
1.1. Subject to your compliance with the terms of this Agreement, Shelron Group Inc. (“Shelron”) grants you a personal, non-exclusive, non-transferable and royalty-free right to install the Software and use the indexes, databases, sites lists, metadata, and any other information and content that ActiveShopper generally makes available through the Software as modified, added, or deleted in ActiveShopper’s sole discretion from time to time (the “Information”) solely for your lawful personal use.
1.2. The Software may be installed only on (a) computers controlled by you, or (b) a network server allowing only you and other persons who have agreed to the terms and conditions of this Agreement to access the Software and the Information.
1.3. The right to use the Software and receive the Information is not transferable.
1.4. This Agreement and the license granted in it shall continue until Shelron announces its termination, and will terminate automatically if you fail to comply with the limitations described in this Agreement. Shelron may, at any time, terminate this Agreement without any advance notice. Upon any termination, or if you should give up its personal use and control of the computers on which the Software is installed, you agree to destroy all copies of the Software and the Information and any related materials in any form. Termination of this Agreement by Shelron will be effective on the day that Shelron gives notice of such termination to you.
2. Copyright
2.1. Software. The Software is owned by Shelron and is protected by copyright laws, international treaty provisions and other intellectual property laws. Therefore, you agree and undertake to treat the Software like any other copyrighted material (e.g. a book or musical recording) except that you may make one copy of the Software solely for backup purposes, which includes all copyright and trademark notices. You are not permitted to copy the Software for archival purposes.
2.2. Information. The Information is protected by copyright and other intellectual property laws. All rights (including but not limited to copyright), title and interest in the Information are reserved to and owned by Shelron.
3. Other Rights
3.1. The Software and the Information shall be considered confidential information of Shelron and shall not be disclosed by you to any third party who has not agreed to the terms of this Agreement in the manner specified by Shelron.
3.2. You may not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on the Software or/and the Information, or remove any proprietary notices or labels it contains. All applicable rights and future rights to patents, copyrights, trademarks and trade secrets in the Software and the Information or any modifications to it shall be and remain in Shelron.
4. Other Obligations and Restrictions
4.1. You are responsible for obtaining and maintaining at its own expense all telephone or other communications links, computer hardware and other equipment or facilities needed for access to and use of the Software and the Information. The Information may be used for your personal, non-commercial use only; you must not use the Information in or in connection with any business or commercial enterprise, including without limitation any securities, investment, accounting, banking, legal or media business or enterprise.
4.2. You must not reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the Information in any form to anyone, including but not limited to others in the same company or organization or to newsgroups, mail lists or electronic bulletin boards. You must not alter or modify the Information by any means.
4.3. By accepting this agreement, or using the Software or the Information, by any means, you agree that you meet and, as long as you use the Software or the Information, will continue to meet, the conditions described above. You accept full responsibility for making sure that your use of the Shelron Software and Information does not constitute a violation of any copyright law and other intellectual property laws.
4.4. Furthermore, if your use of the Shelron Software or Information does lead to a copyright or any intellectual property violation of any kind, the sole responsibility for that violation rests with you.
5. No Warranties or Liabilities
5.1. Software. You expressly acknowledges and agrees as follows:
5.1.1. That use of the Software is AT YOUR OWN RISK and that the Software is provided “AS IS” without any warranties or conditions whatsoever;
5.1.2. That the Software is in beta stage and is provided to you only for the purposes set forth in this Agreement;
5.1.3. That the Software may have code or other errors, ‘bugs’, design flaws, defects or other deficiencies, which cannot or will not be corrected by Shelron.
5.1.4. That use of the Software may result in unexpected results, loss of data or other unpredictable damage or loss to you, to which Shelron does not and will not take any responsibility or liability whatsoever, as further detailed in Section 5.3 below.
5.2. Information. The information is also provided to you “AS IS” without any warranties or conditions whatsoever. Due to the number of sources from which the Information is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in the Information and you assume all such risks.
5.3. Shelron: (i) HEREBY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES AS TO THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OF THE INFORMATION, THE SOFTWARE, ANY COMBINATION OF THE TWO, OR THAT THE OPERATION OF THE SOFTWARE OR THE INFORMATION WILL BE UNINTERRUPTED OR ERROR-FREE; (ii) SHALL IN NO EVENT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INACCURACY, ERROR OR OMISSION IN, OR LOSS, INJURY OR DAMAGE CAUSED IN WHOLE OR PART BY, OR FAILURES, DELAYS OR INTERRUPTIONS OF, THE INFORMATION, THE SOFTWARE OR THE SHELRON INTERNET SERVICES PROVIDED BY ANY COMBINATION OF THE FOREGOING;(iii) SHALL IN NO EVENT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS OR TRADING LOSSES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SOFTWARE OR THE INFORMATION OR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON INFORMATION, EVEN IF ADVISED !
OF THE POSSIBILITY OF SUCH DAMAGES.
5.4. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE AND THE INFORMATION IS WITH YOU AND SHOULD EITHER PROVE DEFECTIVE, YOU (AND NOT SHELRON) WILL BEAR THE ENTIRE COSTS OF SERVICING, REPAIR OR CORRECTION OF SUCH DEFECTS.
5.5. SHELRON SHALL HAVE NO OBLIGATION TO YOU WITH RESPECT TO ANY CLAIM OF INFRINGEMENT BASED UPON YOUR USE OF THE SOFTWARE AND THE INFORMATION IN COMBINATION, OPERATION OR OTHERWISE WITH DATA OR MATERIALS NOT SUPPLIED BY SHELRON.
5.6. The Information may include facts, views, opinions and recommendations of individuals and organizations and Shelron does not guarantee such Information, nor shall Shelron be liable on account of the accuracy, defamatory nature, offensive nature, completeness or timeliness of these views, opinions or recommendations, nor does Shelron otherwise endorse them. Shelron is not responsible to any incorrect Information, inaccurate Information, lack of Information, or any other matter whatsoever concerning the Information, its nature or content.
5.7. You expressly acknowledge that ActiveShopper.com is not a sales site and that Shelron is not a seller. Shelron shall not responsible or liable for the quality, nature or character of the products and/or services sold by the sellers presenting the Information through the Software, including, without limitation, the terms of purchase and/or the supply of the products and/or services and/or any other item sold by the seller.
6. Export Control
You agree to comply with all export and import laws and restrictions and regulations of any United States or foreign agency or authority, and not to export, re-export or import the Software or any direct product thereof in violation of any such restrictions, laws or regulations, or without all necessary approvals. For example, you may not export or re-export any commodities, software, or technical data received from Shelron, or any direct product of such commodities, software or technical data, to any proscribed country, party, or entity listed in the applicable laws, regulations, and rules of the U.S. Government unless properly authorized. As applicable, each party shall obtain and bear all expenses and responsibility relating to any necessary licenses and/or exemptions with respect to its own export or re-export of the Software from the U.S.
7. Changed Terms
7.1. Shelron shall have the right at any time to change the terms of this Agreement or require new terms and to change, impose conditions on or discontinue any aspect or feature of the Software, the Information or Shelron service.
7.2. Such changes shall be effective immediately upon notification by any means which give you actual knowledge of them or upon posting of such terms on the Software or on the Information, and any use by you of the Software and receipt of the Information after such notice shall be deemed acceptance of them by you.
8. Injunctive Relief
You acknowledge and agree that, notwithstanding any other provisions of this Agreement, your breach or threatened breach of this Agreement shall cause Shelron irreparable damage for which recovery of money damages would be inadequate and that Shelron therefore may obtain timely injunctive relief to protect its rights under this Agreement in addition to any and all other remedies available at law or in equity.
9. General
9.1. This Agreement will be governed by the laws of the State of New York USA, without reference to conflict of laws principles. Exclusive jurisdiction and venue for all matters relating to this Agreement shall be in the competent courts located in the State of New York, and you consent to such jurisdiction and venue.
9.2. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
9.3. This Agreement is the entire agreement between Shelron and you and supersedes any other communications or advertising with respect to the Software or the Information.
9.4. If any provision of this Agreement is held unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
9.5. The headings used in this Agreement are for convenience only, and shall not be given any legal import.
9.6. Any item or service furnished by Shelron in furtherance of this Agreement, although not specifically identified in it, shall nevertheless be covered by this Agreement unless specifically covered by some other written or electronic agreement accepted by you and an authorized representative of Shelron or such other party as the case may be.
9.7. If you are using the Software outside the U.S., then you are responsible for complying with any local laws in your jurisdiction which might impact your right to import, export or use the Software, and you represent that you have complied with any regulations or registration procedures required by applicable law to make this license enforceable.
9.8. Any waiver by Shelron of any violation of this Agreement by you shall not constitute, nor contribute to, a waiver by Shelron of any other or future violation by you of the same provision, or any other provision, of this Agreement.

¥×¥é¥¤¥Ð¥·URL:
http://www.activeshopper.com/privacy.asp
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