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NUMB-SOFT
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http://www.numb-soft.com |
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info@numb-soft.com |
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By accepting this agreement, I certify the following: I am an adult, being at least 18 years of age. I am the owner of this computer, or am authorized by the owner of this computer to install software on this system. I understand that by accepting these terms and conditions, this program will be installed on my computer. Please be aware that certain areas may contain adult or mature content. You must be at least 18 years of age to access and view such areas. IMPORTANT - PLEASE READ CAREFULLY BY CLICKING ON THE "SUBMIT", "DOWNLOAD", "I ACCEPT" OR SUCH SIMILAR BUTTON OR LINK THAT MAY BE DESIGNATED FOR PURPOSES OF INITIATING THE DOWNLOAD OF THE “NUMB-SOFT.COM” SOFTWARE PRODUCT (THE " NUMB-SOFT.COM APPLICATION OR WEBSITE") AND OR USING THE “NUMB-SOFT.COM” APPLICATION YOU AGREE TO BE LEGALLY BOUND BY THESE LICENSE TERMS AND CONDITIONS LISTED BELOW. Acceptance of Terms The services that NUMB-SOFT.COM. (including its affiliates, subsidiaries will be collectively referred to as “NUMB-SOFT.COM”) provides to you are subject to the following terms and conditions. Your access to , and use of, this Web Site and software. do not alter in any way the terms or conditions of any other agreement you may have with NUMB-SOFT.COM for products, services or otherwise. NUMB-SOFT.COM reserves the right to amend at any time any policies governing this Web Site, including these Terms and conditions, by posting the amended terms on this Web Site. You will be able to tell that a revision has been made by the date of the last revision indicated at the top of the document. Therefore, we encourage you to check the date of our Site Terms whenever you visit this Web Site. The amended Site Terms will be effective immediately after they are posted on this Web Site. If you do not accept the amended Site Terms (including any referenced policies or guidelines), you must cease using this Software and Web Site. Description of Services Through the network NUMB-SOFT.COM provides you with access to a vast Selection of Information, tools, Product Information, and many other hard to find internet resources (collectively, “Services”). You also understand and agree that the Services may include advertising and that these advertisements are necessary for NUMB-SOFT.COM to provide the Services. The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the Site Terms. NUMB-SOFT.COM reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that NUMB-SOFT.COM shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. 1. Product Over View NUMB-SOFT.COM, Provides Many Enhancements to day to day internet browsing. NUMB-SOFT.COM provide web site based and software based enhancements. That allows for easier access information online as well as access to many offers through an assortment of different types of Ad’s ( eg. Pop ups, Pop unders, Banners) and other various new technologies. 2. Proprietary Rights; Limited License Unless otherwise indicated, all Web Site materials, including, without limitation, the NUMB-SOFT.COM’ logos, and all text, designs, graphics and other files, and the selection and arrangement thereof, are the proprietary and copyrighted property of NUMB-SOFT.COM or its contributors or licensors. Subject to the terms set forth in these Site Terms, NUMB-SOFT.COM grants you a limited license to make informational, non-commercial use only of this Web Site. You may view and electronically copy and print to hard copy portions of this Web Site for the sole purpose of using materials it contains for informational, non-commercial use only. Any other use of this Web Site or the materials contained herein without the prior written permission of NUMB-SOFT.COM is strictly prohibited, including, without limitation: (a) any resale or commercial use of this Web Site or its content; (b) the retransmission, re-broadcasting or other distribution, display or publication of any information contained in this Web Site; (c) making derivative uses of this Web Site and its contents; (d) use of any data mining, robots or similar data-gathering or data extraction methods; (e) downloading (other than the page caching) of any portion of this Web Site or any information contained on this Web Site, except as expressly permitted on this Web Site; or (f) any use of this Web Site other than for its intended purpose. Products, processes or technology described in this Web Site may also be subject to other intellectual property protection as well, and all rights therein are reserved by NUMB-SOFT.COM. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark or other proprietary right of NUMB-SOFT.COM or any third party. All information provided by NUMB-SOFT.COM on this Web Site is the sole and exclusive property of NUMB-SOFT.COM or its contributors or licensors. 2(a). License Conditions You may not rent, sell, lease, sublicense, distribute, assign, copy, or in any way transfer any NUMB-SOFT.COM Application or use any NUMB-SOFT.COM Application for the benefit of any third party through any outsourcing or time-sharing arrangement or through the operation of any service bureau. You may not modify, reverse-engineer, decompile, disassemble, or otherwise discover the NUMB-SOFT.COM Application, or attempt to do so for any reason. Further, you may not access, create or modify our source code in any way. You do not have the right to and may not create derivative works of the NUMB-SOFT.COM Application. All modifications or enhancements to the NUMB-SOFT.COM Applications remain the sole property of NUMB-SOFT.COM. You understand that we, in our sole discretion, may modify or discontinue or suspend your right to access any or all of our services. 3. Notice Specific to Software Available on this Web Site Any software that is made available to download from this Web Site ("Software") is the copyrighted work of NUMB-SOFT.COM and/or its suppliers. Use of the Software is governed by the terms of the End User License Agreement, if any, that accompanies or is included with the Software ("EULA" or "License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a EULA unless he or she first agrees to the License Agreement terms. The Software is made available for download solely for use by end users according to the EULA. Any reproduction or redistribution of the Software not in accordance with the EULA is expressly prohibited by law and may result in severe civil and/or criminal penalties. Violators will be prosecuted to the maximum extent possible. DISCLAIMER: THE PUBLISHERS DO NOT GUARANTEE OR PROMISE, IN ANY WAY, THE PERFORMANCE OF THE SOFTWARE, THE STABILITY THEREOF, OR THE EFFECTS OF THE SOFTWARE TO YOUR SYSTEM. ANY FAULTS OR DAMAGES THAT COULD POSSIBLY ARISE ARE NOT THE LIABILITY OF THE SOFTWARE PUBLISHERS, AND ARE YOUR OWN RESPONSIBILITY 4. Confidentiality You acknowledge that portions of this Web Site may contain valuable Confidential Information (as defined below) of NUMB-SOFT.COM, and you agree to protect and preserve such Confidential Information against any unauthorized use, copying, distribution or disclosure. Without limitation of the foregoing, you agree to use the Confidential Information solely for the purposes for which it has been disclosed to you by NUMB-SOFT.COM. You further agree not to disclose any Confidential Information to any third party, except as necessary to carry out the purpose for which such Confidential Information was provided and only to third parties who are under confidentiality restrictions not to disclose such information. As used herein, Confidential Information shall mean any nonpublic information that is proprietary or confidential to NUMB-SOFT.COM or any information of a third party that NUMB-SOFT.COM is obligated to keep confidential, including, but not limited to, information that relates to NUMB-SOFT.COM’ products, services, technology, research, development, product ideas, clients, customers, employees, contractors, business and marketing plans, finances, contracts, legal affairs, business affairs or any other confidential or proprietary matter, subject or issue. 8. Submissions and Postings NUMB-SOFT.COM does not claim ownership of the materials you provide to NUMB-SOFT.COM (including plans, notes, drawings, original or creative materials, feedback, suggestions or other information) or post, upload, input, provide or submit to any Services (“Submission”). However, by posting, uploading, inputting, providing or submitting (“Posting”) your Submission, you agree that such Submission is non-confidential, you waive any and all “moral rights” in such materials, including the rights of paternity and integrity and you hereby grant NUMB-SOFT.COM permission to use your Submission, including, without limitation, the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights, including to any supplier of the Services. No compensation will be paid with respect to the use of your Submission, as provided herein. NUMB-SOFT.COM is under no obligation to post or use any Submission you may provide and NUMB-SOFT.COM may remove any Submission at any time in its sole discretion. By Posting a Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Site Terms, including, without limitation, all the rights necessary for you to post, upload, provide, input or submit the Submission. In addition to the warranty and representation set forth above, by Posting a Submission that contains images, photographs, pictures or that are otherwise graphical in whole or in part (“Images”), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Site Terms; (b) you have the rights necessary to grant the licenses and sublicenses described in these Site Terms; and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Site Terms. Please note: NUMB-SOFT.COM does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos or other similar works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when NUMB-SOFT.COM’ products or marketing strategies might seem similar to ideas submitted by you. All such submissions will be treated as Submissions as set forth herein. NUMB-SOFT.COM takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third party, or (without limitation) for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of the Interactive Areas is at your own risk. Information posted in any Interactive Area should not be considered authoritative and cannot be guaranteed as to accuracy. As a provider of interactive services, NUMB-SOFT.COM is not liable for any statements, representations, or Content provided by its users in any public forum, personal home page or other Interactive Area. Although NUMB-SOFT.COM has no obligation to screen, edit or monitor any of the Content posted in any Interactive Area, NUMB-SOFT.COM reserves the right, and has absolute and sole discretion, to remove, screen or edit any Content that violates these provisions or is otherwise objectionable. Any use of the Interactive Areas or the Web Site in violation of the foregoing is in violation of these terms and may result in, among other things, the termination or suspension of your rights to use the Interactive Areas and/or the Web Site. 9. No Unlawful or Prohibited Use As a condition of your use of this Web Site and or Software, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any NUMB-SOFT.COM servers, or the network(s) connected to any NUMB-SOFT.COM server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, computer systems or networks connected to any NUMB-SOFT.COM server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. 10. Third Party Content & Services NUMB-SOFT.COM may provide links to Web pages and content of third parties (“Third Party Content”) as a service to those interested in this information. NUMB-SOFT.COM does not monitor nor does it have any control over any Third Party Content or third party Web Sites. NUMB-SOFT.COM does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. NUMB-SOFT.COM does not represent or warrant the accuracy of any information contained therein, and undertakes no responsibility to update or review any Third Party Content. Users use these links and Third Party Content contained therein at their own risk. 11. Disclaimer THIS WEB SITE, SOFTWARE, THE SERVICES, AND THE MATERIALS IN THIS WEB SITE OR IN THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NUMB-SOFT.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NUMB-SOFT.COM DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, TIMELY, SECURE, CURRENT, OR ERROR-FREE, OR THAT THE QUALITY OF ANY SERVICES OR MATERIALS OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS. NUMB-SOFT.COM DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NUMB-SOFT.COM reserves the right to change any and all content contained on this Web Site at any time without notice. Reference to any products, Services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by NUMB-SOFT.COM. 12. Limitation of Liability IN NO EVENT SHALL NUMB-SOFT.COM, OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, OR EMPLOYEES, BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE, SOFTWARE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS WEB SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY THE USER ON ANY INFORMATION OBTAINED FROM NUMB-SOFT.COM, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO NUMB-SOFT.COM’ RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF NUMB-SOFT.COM (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF NUMB-SOFT.COM’ WEB SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO NUMB-SOFT.COM FOR ACCESS TO OR USE OF THIS WEB SITE. 13. Indemnification You agree to defend, indemnify and hold harmless NUMB-SOFT.COM, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any third party claims, damages, loss, liability, costs and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of your use of the NUMB-SOFT.COM Web Site and any discussion forums or interactive areas contained herein, including without limitation any actual or threatened suit, demand, or claim made against NUMB-SOFT.COM and/or its independent contractors, service providers, or consultants, arising out of or relating to your conduct, your violation of these terms and conditions, or your violation of the rights of any third party. 14. Termination Notwithstanding any of these Site Terms, NUMB-SOFT.COM reserves the right, without notice and in its sole discretion, to terminate your license to use this Web Site, and to block or prevent future access to and use of this Web Site. These Site Terms may not be otherwise amended except in a written document signed by NUMB-SOFT.COM. 15. Waiver; Severability; No Third Party Beneficiaries No waiver by NUMB-SOFT.COM, whether express or implied, of any provision of these Site Terms shall constitute a continuing waiver of such provision or a waiver of any other provision of these Site Terms; nor shall NUMB-SOFT.COM be estopped from enforcing any provision of these Site Terms, except by written instrument executed by NUMB-SOFT.COM. If any provision of these terms and conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions. You agree that, except as may otherwise be expressly provided herein, there shall be no third party beneficiaries to these Site Terms. |
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