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THIS IS A LICENSE
AGREEMENT
This SOFTWARE PRODUCT is protected by copyright laws
and international copyright treaties, as well as other
intellectual property laws and treaties. This SOFTWARE
PRODUCT is licensed, not sold.
End User License Agreement: EasyRotator by DWUser.com
Important Note: This license agreement does not cover
the EasyRotator for WordPress plugin. This license
agreement covers only the EasyRotator wizard
application (which may be used in conjunction with the
WordPress plugin) and the EasyRotator Dreamweaver
extension.
Last Updated: 12Dec2012
This End User License Agreement ("EULA") is a legal
agreement between you (either an individual or a single
entity) and DWUser.com / Magnetic Marketing Corp. with
regard to the copyrighted Software (herein referred to
as "SOFTWARE PRODUCT" or "SOFTWARE") provided with this
EULA. The SOFTWARE PRODUCT includes computer
software, the associated media, any printed materials,
and any "online" or electronic documentation. Use of
any software and related documentation ("Software")
provided to you by DWUser.com / Magnetic Marketing
Corp. in whatever form or media, will constitute your
acceptance of these terms, unless separate terms are
provided by the software supplier, in which case
certain additional or different terms may apply. If you
do not agree with the terms of this EULA, do not
download, install, copy or use the Software. By
installing, copying or otherwise using the SOFTWARE
PRODUCT, you agree to be bound by the terms of this
EULA. If you do not agree to the terms of this EULA,
DWUser.com / Magnetic Marketing Corp. is unwilling to
license the SOFTWARE PRODUCT to you.
We generally keep this EULA posted on the Internet at
http://www.dwuser.com/easyrotator/eula/ and available
as part of the EasyRotator program download package.
You should review this EULA frequently, as it may
change from time to time. Any changes will be
effective immediately upon the posting of the revised
EULA. WHEN YOU USE THE SOFTWARE, YOU AGREE TO THIS
EULA. IF YOU DO NOT AGREE TO THIS EULA, OR TO ANY
CHANGES WE MAY SUBSEQUENTLY MAKE, IMMEDIATELY STOP
USING THE SOFTWARE AND REMOVE IT FROM YOUR COMPUTER AND
FROM ANY WEBSITES UNDER YOUR CONTROL.
1. Eligible Licensees. This Software is available for
license solely to SOFTWARE owners, with no right of
duplication or further distribution, licensing, or sub
licensing. IF YOU DO NOT OWN THE SOFTWARE, THEN DO NOT
DOWNLOAD, INSTALL, COPY OR USE THE SOFTWARE.
2.A. License Grant. DWUser.com / Magnetic Marketing
Corp. grants to you a personal, nontransferable and
nonexclusive right to use the copy of the Software
provided with this EULA. You agree you will not copy
the Software except as necessary to use it on a single
computer. You agree that you may not copy the written
materials accompanying the Software. Modifying,
translating, renting, copying, transferring or
assigning all or part of the Software, or any rights
granted hereunder, to any other persons and removing
any proprietary notices, labels or marks from the
Software is strictly prohibited. Furthermore, you
hereby agree not to create derivative works based on
the Software. You may not transfer this Software. In
the case of software products that are distributed as
standard policy without charge (hereafter "Free
Software"), you may install an unlimited number of
times; each of these installations will be treated as
separately licensed installations. If you wish to
share a Free Software product with a friend, you may do
so by sending a link to the same download page from
which you obtained your copy; you may not send the
Software directly.
2.B. Single Developer License. A "single developer
license" grants a single person, the developer, the
right to use the copy of the Software provided with
this EULA. This person may not share, sell, transfer,
or assign the Software to other persons or developers.
Other individual developers must each obtain a single
developer license in order to use the Software. A
single person, the developer, may install the Software
on one primary computer and up to two other systems
provided that the developer is the SOLE USER of the
other systems.
2.C. Derivative Works. When rotators are created
using the Software, they must always be viewed directly
on the site into which they were inserted. This means
that it is not permissible to allow "hotlinking" of
rotators for display on other sites. If rotators are
dynamically created at runtime using dynamic data,
especially in the case of creating rotators for users
who do not use the Software directly, the rotators must
not be the primary aspect of the website or service.
In extraordinary circumstances, DWUser.com / Magnetic
Marketing Corp. reserves the right to revoke a license
and provide a refund if, after direct communication or
a bona fide attempt thereat, it is determined that an
implementation of the Software is in violation of this
section and the violation is not corrected voluntarily.
In this case, it will be the responsibility of the
licensee to comply with the stated requests, including
possibly the removal of all rotators from the site in
question.
2.D. Attribution. The code created by the Software
may include a designated area (such as a dialog
accessed via a context menu) where subtle attribution
to the creator of the Software and link(s) to the
creator's site are displayed. You explicitly agree to
this inclusion with the understanding that the
attribution may be disabled or removed on a designated
site if a Pro license has been purchased for that site.
3. Copyright. The Software is licensed, not sold.
You acknowledge that no title to the intellectual
property in the Software is transferred to you. You
further acknowledge that title and full ownership
rights to the Software will remain the exclusive
property of DWUser.com / Magnetic Marketing Corp.
and/or its suppliers, and you will not acquire any
rights to the Software, except as expressly set forth
above. All copies of the Software will contain the same
proprietary notices as contained in or on the Software.
All title and copyrights in and to the SOFTWARE PRODUCT
(including but not limited to any images, photographs,
animations, video, audio, music, text and "applets,"
incorporated into the SOFTWARE PRODUCT), the
accompanying printed materials, and any copies of the
SOFTWARE PRODUCT, are owned by DWUser.com / Magnetic
Marketing Corp. or its suppliers. The SOFTWARE PRODUCT
is protected by copyright laws and international treaty
provisions. You may not copy the printed materials
accompanying the SOFTWARE PRODUCT.
4. Reverse Engineering. You agree that you will not
attempt, and if you are a corporation, you will use
your best efforts to prevent your employees and
contractors from attempting to reverse compile, modify,
translate or disassemble the Software in whole or in
part. Any failure to comply with the above or any other
terms and conditions contained herein will result in
the automatic termination of this license and the
reversion of the rights granted hereunder to DWUser.com
/ Magnetic Marketing Corp.
5. DISCLAIMER OF WARRANTY. THE SOFTWARE IS PROVIDED
"AS IS" WITHOUT WARRANTY OF ANY KIND. DWUSER.COM /
MAGNETIC MARKETING CORP. AND ITS SUPPLIERS AND SERVICE
PROVIDERS, INCLUDING BUT NOT LIMITED TO WEB HOSTING AND
CONTENT DISTRIBUTION SERVICE PROVIDERS, DISCLAIM AND
MAKE NO EXPRESS OR IMPLIED WARRANTIES AND SPECIFICALLY
DISCLAIM THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD
PARTY RIGHTS. THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THE SOFTWARE AND ANY FUNCTIONALITY THAT
IT ADDS TO OR IMPLEMENTS ON YOUR WEBSITE IS WITH YOU.
USE OF THE SOFTWARE MAY CAUSE THE FUNCTIONALITY OF YOUR
WEBSITE TO BECOME PARTIALLY OR FULLY DEPENDENT ON
SERVICES THAT ARE OUTSIDE OF YOUR CONTROL. NEITHER
DWUSER.COM / MAGNETIC MARKETING CORP. NOR ITS SUPPLIERS
NOR SERVICE PROVIDERS WARRANT THAT THE FUNCTIONS
CONTAINED IN THE SOFTWARE AND ANY FUNCTIONALITY THAT IT
ADDS TO OR IMPLEMENTS ON YOUR WEBSITE WILL MEET YOUR
REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE
AND/OR ASSOCIATED SERVICES WILL BE UNINTERRUPTED OR
ERRORFREE. DWUSER.COM / MAGNETIC MARKETING CORP. IS
NOT OBLIGATED TO PROVIDE ANY UPDATES TO THE SOFTWARE
NOR TO UPDATE THE FUNCTIONALITY IT ADDS TO OR
IMPLEMENTS ON YOUR WEBSITE.
6. LIMITATION OF LIABILITY. DWUSER.COM / MAGNETIC
MARKETING CORP.'S ENTIRE LIABILITY AND YOUR EXCLUSIVE
REMEDY UNDER THIS EULA SHALL NOT EXCEED THE PRICE PAID
FOR THE SOFTWARE AND ANY ASSOCIATED SERVICES, IF ANY.
IN NO EVENT SHALL DWUSER.COM / MAGNETIC MARKETING CORP.
OR ITS SUPPLIERS OR SERVICES PROVIDERS BE LIABLE TO YOU
FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT
DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY
TO USE THE SOFTWARE OR ASSOCIATED SERVICES OR ARISING
OUT OF ANY WEBSITE MALFUNCTION CAUSED DIRECTLY OR
INDIRECTLY BY THE SOFTWARE, EVEN IF DWUSER.COM /
MAGNETIC MARKETING CORP. OR ITS SUPPLIER OR SERVICE
PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, OR ANY CLAIM BY A THIRD PARTY.
7. Rental. You may not loan, rent, or lease the
SOFTWARE.
8. Prerelease Software. If the SOFTWARE PRODUCT is
released as a prerelease version (including but not
limited to prealpha, alpha, beta and/or release
candidate versions), it shall not be expected to
perform without occasional problems. Usage of the pre
release SOFTWARE PRODUCT constitutes agreement to
provide requested feedback and system configuration
information. You agree to remove all copies of pre
release software when requested by DWUser.com /
Magnetic Marketing Corp. You agree to hold in
confidentiality all information regarding prerelease
software.
9. Upgrades. If the SOFTWARE is an upgrade from an
earlier release or previously released version, you now
may use that upgraded product only in accordance with
this EULA. If the SOFTWARE PRODUCT is an upgrade of a
software program which you licensed as a single
product, the SOFTWARE PRODUCT may be used only as part
of that single product package and may not be separated
for use on more than one computer.
10. OEM Product Support. Product support for the
SOFTWARE PRODUCT IS provided by DWUser.com / Magnetic
Marketing Corp. For product support, please call
DWUser.com / Magnetic Marketing Corp. Should you have
any questions concerning this, please refer to the
address provided in the documentation.
11. No Liability for Media Used. In no event shall
DWUser.com / Magnetic Marketing Corp. be held
responsible for any of the media used with this
product, or any violations which take place in the use
of these media.
12. No Liability for Consequential Damages. In no
event shall DWUser.com / Magnetic Marketing Corp. or
its suppliers be liable for any damages whatsoever
(including, without limitation, incidental, direct,
indirect special and consequential damages, damages for
loss of business profits, business interruption, loss
of business information, or other pecuniary loss)
arising out of the use or inability to use this "Your
Company" product, even if DWUser.com / Magnetic
Marketing Corp. has been advised of the possibility of
such damages. Because some states/countries do not
allow the exclusion or limitation of liability for
consequential or incidental damages, the above
limitation may not apply to you. This license
agreement is governed by the laws of the State of
Indiana, USA, and any legal proceedings resulting from
this license agreement shall take place in the venue of
the County of Marion, in the State of Indiana, USA.
13. Files We Host. In the HTML code added to your web
pages by the EasyRotator Software, files may be
included from our Content Delivery Network (CDN) and/or
servers into your web page when the page is executed or
viewed in a browser. These files are used exclusively
to render EasyRotator content in the page and do not
access or modify any other page content. These files
may include but are not limited to javascript and image
files. While we use the highest quality and most
reliable CDN services available, this hosting is
provided as a courtesy and no warranty is provided as
to the quality or merchantability of the hosting. WE
EXERCISE THE UTMOST DILIGENCE IN OUR SECURITY
PRACTICES; HOWEVER, BECAUSE THESE FILES ARE NOT
DIRECTLY UNDER YOUR CONTROL, THERE IS THE REMOTE BUT
REAL POSSIBILITY THAT OUR SYSTEMS COULD BE COMPROMISED,
RESULTING IN A DISRUPTION TO YOUR WEBSITE AND/OR
EXHIBITION OF MALICIOUS BEHAVIOR ON YOUR WEBSITE DUE TO
THE ACTIONS OF AN ATTACKER. BY USING EASYROTATOR TO
ADD CONTENT TO YOUR PAGES, YOU UNRESERVEDLY ACCEPT THE
RISKS INVOLVED IN DOING SO AND THEREFORE CANNOT HOLD
MAGNETIC MARKETING CORP. RESPONSIBLE FOR ANY LIABILITY,
DAMAGES OR LOSSES, BE THEY DIRECT, CONSEQUENTIAL OR
OTHERWISE, INCURRED IN THE EVENT OF MALFUNCTION THROUGH
ANY MEANS.
14. Revision of Fee Structure. Because Magnetic
Marketing Corp. hosts files associated with the
EasyRotator, there is a cost associated with providing
this service. Magnetic Marketing Corp. reserves the
right to introduce an updated fee structure for these
services as market changes, provider fee changes, or
any other exigencies (as determined in the sole
discretion of Magnetic Marketing Corp.) necessitate.
All efforts will be made to avoid fee increases, and to
maintain a reasonable and affordable fee structure if
changes are made. Ample notification (as determined in
the sole discretion of Magnetic Marketing Corp.) will
be given in the event of any such change. In the event
of unreasonable and/or excessive usage of these hosting
services by a single customer (as determined in the
sole discretion of Magnetic Marketing Corp.), Magnetic
Marketing Corp. reserves the right to demand additional
payment or, in extraordinary circumstances, terminate
hosting services provided to that customer.
15. Personal Data Collection and Privacy. To use the
Software, you may be required to register the Software
by providing personal information, such as your name
and email address. This information may be used to
subscribe you to our electronic mailing list as well as
send you helpful tips for using the Software.
Subscribers to our electronic mailing list receive
periodic mailings, and may unsubscribe at any time at
http://www.dwuser.com/unsubscribe/ . At the time of
writing, the primary content sent to our subscribers is
occasional educational articles. The types of mailings
delivered to our subscribers are subject to change
without notice.
16. Nonpersonal Analytic Data Collection and Privacy.
As you use the Software, nonpersonal analytic data may
be collected and transmitted to web servers under our
control. This behavioral data, such as the time
duration spent performing certain activities within the
Software, is used to study usage patterns and improve
the Software's performance and functionality to better
meet user needs.
17. Indemnification By You. If you distribute the
Software in violation of this Agreement, you agree to
indemnify, hold harmless and defend DWUser.com /
Magnetic Marketing Corp. and its suppliers from and
against any claims or lawsuits, including attorney's
fees that arise or result from the use or distribution
of the Software in violation of this Agreement.
18. Revocation of License. Magnetic Marketing Corp.
reserves the right to revoke your license to use the
Software in the event of unpaid monies being owed by
you to Magnetic Marketing Corp. These monies include,
but are not limited to, fees associated with custom
contract work. Magnetic Marketing Corp. also reserves
the right to revoke your license to use the Software in
the event of a canceled or reversed payment.
DWUser.com / Magnetic Marketing Corp.
P.O. Box 50596
Indianapolis, IN 46250