» version 2.2 - posted on 2010-02-24
New features: Data Caching and a few bug fixes
» version 2.0.2 - posted on 2010-01-30
Minor bug fixes and optimizations
END USER LICENSE AGREEMENT
Software License Agreement for Final Login
IMPORTANT- PLEASE READ CAREFULLY: BY INSTALLING THE SOFTWARE (AS DEFINED BELOW), COPYING THE SOFTWARE AND/OR CLICKING ON THE 'ACCEPT' BUTTON BELOW, YOU (EITHER ON BEHALF OF YOURSELF AS AN INDIVIDUAL OR ON BEHALF OF AN ENTITY AS ITS AUTHORIZED REPRESENTATIVE) AGREE TO ALL OF THE TERMS OF THIS END USER LICENSE AGREEMENT ('AGREEMENT') REGARDING YOUR USE OF THE SOFTWARE. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, CLICK ON THE 'CANCEL' BUTTON AND THIS WILL CANCEL THE INSTALLATION.
1. GRANT OF LICENSE: Subject to the terms below, Browser Not Included hereby grants you a non-exclusive, non-transferable license to install and to use Final Login ('Software'). Usage of Software also grants creation of a Software Account ('Account'), from which you are granted the ability to add and possibly pay for Software Parsers ('Parsers'), such that you own ('Own' or 'Ownership') them in your Account. When making a payment ('Paid', 'Pay', 'Payment', or 'Payments') for ownership of Parsers, you have the following options: (i) Paying a monthly subscription fee. (ii) Paying a one time fee. If making Payments for a Parser, there may or may not be a Trial Period ('Trial Period'), in which you have limited or full access to the Parser for a specific amount of time.
Under this license, you may: (i) install and use the Software on a single computer for your personal, internal use (ii) copy the Software for back-up or archival purposes. (iii)You may not distribute the software to others without first obtaining the required licenses, where applicable.
Whether you are licensing the Software as an individual or on behalf of an entity, you may not: (i) reverse engineer, decompile, or disassemble the Software or attempt to discover the source code; (ii) modify, or create derivative works based upon, the Software in whole or in part without the express written consent of Browser Not Included; (iii) distribute copies of the Software; (iv) remove any proprietary notices or labels on the Software; (v) resell, lease, rent, transfer, sublicense, or otherwise transfer rights to the Software.
2. Final Login: You acknowledge that no title to the intellectual property in the Software is transferred to you. Title, ownership, rights, and intellectual property rights in and to the Software shall remain that of Browser Not Included . The Software is protected by copyright and patent laws of the United States and international treaties. The Software may contain materials licensed by third parties, and the licensors of those materials may enforce their rights in the event of any violation of this License Agreement.
3. PAYMENT TERMS: If a Trial Period exists for any Parser, after the Trial Period, you are required to make Payments to maintain your use of that Parser within your Final Login Account. You are informed of the Payment terms during the Parser Trial Period registration process and during the Payment process. The Parser's Payment terms are only viewable during the Trial Period and after the Trial Period has ended. While in a Parser's Trial Period, you may opt to Pay for the Parser before its Trial Period has ended. Browser Not Included may, in its sole discretion, and most likely will, increase the Payment fee of Parsers, because of upgrades or new features the Parsers may incur. In order to maintain your current Payment fee at the original Payment fee amount from when you first Paid, you must have the required funds necessary within the credit card account from which you originally Paid. If your Payment is terminated or suspended for any reason (Section 5), the original Payment fee amount from when you first Paid may be lost and a new Payment may require a higher Payment fee, based on the value of that Parser at the time of the new Payment.
All Payment fees are in U.S. Dollars and are non-refundable unless expressly stated otherwise in the EULA. When you Pay for a Parser requiring Payment fees, you authorize Browser Not Included to automatically charge your credit card the Payment fees in accordance with the Payment terms (as may be amended by Browser Not Included from time to time), plus any applicable taxes that Browser Not Included is required to collect. If Browser Not Included is unable to process your credit card at any time, your Ownership to the Parser for which the credit card processing was intended may be immediately suspended or terminated at Browser Not Included's discretion.
You are responsible for reviewing Browser Not Included's email to you for changes in the Payment fee or Payment terms. If a change is unacceptable to you, you may, as your sole and exclusive remedy, terminate the EULA and close your Final Login Account as described in the termination section below. You are responsible for paying all applicable taxes (including those Browser Not Included is not required to collect) and for all hardware, software, Internet service and other costs you incur to access and run the Software.
4. AMENDMENTS TO EULA
Browser Not Included may, in its sole discretion, amend the EULA from time to time. If the EULA is amended, Browser Not Included may notify you by email, such that you can review the amended EULA.
5. TERMINATION; SUSPENSION OF ACCOUNT
A. By Browser Not Included for Termination of the Software
Browser Not Included does not guarantee that it will continue to offer access to the Software or support the Software. Browser Not Included may, in its sole discretion, cease to provide any or all of the services offered in connection with the Software (including access to the Software and any or all features or components of the Software), terminate the EULA, close all Accounts, remove all Parsers from all Accounts and cancel all of the rights granted to you under the EULA. Browser Not Included may communicate such termination to you upon 30 days notice in any of the following manners: (i) via electronic mail; or (ii) in another manner that Browser Not Included deems suitable to inform you of the termination. If Browser Not Included terminates the EULA pursuant to this section, you will not receive a refund of prepaid Payment fees.
B. By Browser Not Included for Breach or Misconduct
i. Suspension of Account
Without limiting Browser Not Included's rights or remedies, Browser Not Included may immediately, and without notice, discontinue or suspend access to the Software through your Account, and any and all other Accounts that share the name, e-mail address, internet protocol address or credit card number with the discontinued or suspended Account, in the event of (i) a breach of the EULA by you or any user under your Account; or (ii) unauthorized access to the Software by you or any user under your Account.
ii. Termination of EULA
Browser Not Included may terminate the EULA, close all your Accounts, and cancel all rights granted to you under the EULA if: (i) you fail to pay the Payment fee when due for any Parser; (ii) Browser Not Included is unable to verify or authenticate any information you provide; (iii) you or anyone using any of your Accounts materially breaches the EULA, makes any unauthorized use of the Software, or infringes the rights of Browser Not Included or any third party. Such termination shall be effective upon notice transmitted via electronic mail, or any other means reasonably calculated to reach you.
Browser Not Included reserves the right to terminate any and all other Accounts that share the name, e-mail address, internet protocol address or credit card number with the closed Account. Termination by Browser Not Included under this section shall be without prejudice to or waiver of any and all of Browser Not Included's other rights or remedies, all of which are expressly reserved, survive termination, and are cumulative. You will not receive a refund of prepaid Payment fees for a termination pursuant to this section.
C. By You
You may terminate the EULA with regard to any or all of your Accounts at any time, upon notice to Browser Not Included via electronic mail. You will not receive a refund of prepaid Payment fees in the event of such termination.
ii. For a Change in the Payment Fee or Payment Terms
If a change in the Payment fee or payment terms is unacceptable to you, you may, as your sole and exclusive remedy, terminate the EULA and close all of your Accounts by notifying Browser Not Included via electronic mail within thirty (30) days after the later of (a) the date that Browser Not Included has notified you of the change; or (b) the date the change has impacted your Account (e.g., your credit card has been charged). Your notice must state: (i) that you do not agree to the change, specifically describing the change, and request Browser Not Included to close all of your Accounts. You may receive a refund of any prepaid Payment fees, prorated as of the effective date of your termination, by sending Browser Not Included a request via electronic mail within thirty (30) days of your termination notice. If you continue to access the Software or use the Software more than thirty (30) days after the later to occur of (a) or (b) above, without following the termination procedure set forth above, you shall be deemed to have accepted the change and waive your rights to terminate under this section.
iii. For a Change in the EULA
If an amendment alters a material term of the EULA that is unacceptable to you, you may, as your sole and exclusive remedy, terminate the EULA and close your Accounts by: (a) notifying Browser Not Included via electronic mail within thirty (30) days after the amended EULA was communicated to you, provided that you have not used the Software during that period. Your notice must state: (i) that you do not agree to the amended EULA, specifically describing the amendment(s) with which you disagree, and request Browser Not Included to close all of your Accounts. You may receive a refund of any prepaid Payment fees, prorated as of the effective date of your termination, by sending Browser Not Included a request via electronic mail within thirty (30) days of your termination notice. If you continue to use the Software, you shall be deemed to have accepted the amended EULA and waive your rights to terminate under this section.
D. Closed Accounts
If for any reason the EULA is terminated with regard to any or all of your Accounts, those Accounts will be closed, upon which all rights granted to you under the EULA shall terminate with regard to the closed Accounts, and you must discontinue your use of the Software. If for any reason the EULA is terminated, you will not be entitled to compensation other than a prorated refund of prepaid Payment fees under certain circumstances as expressly set forth in the EULA.
6. DISCLAIMER OF WARRANTY:
YOU AGREE THAT Browser Not Included HAS MADE NO EXPRESS WARRANTIES, ORAL OR WRITTEN, TO YOU REGARDING THE PRODUCTS AND THAT THE PRODUCTS ARE BEING PROVIDED TO YOU 'AS IS' WITHOUT WARRANTY OF ANY KIND. Browser Not Included DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESSED, IMPLIED, OR STATUTORY. YOUR RIGHTS MAY VARY DEPENDING ON THE STATE IN WHICH YOU LIVE.
Browser Not Included SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, COVER, RELIANCE, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THIS PRODUCT.
7. LIMITATION OF LIABILITY: You use this Software solely at your own risk.
IN NO EVENT SHALL Browser Not Included BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOSS, OR OTHER INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OF THE SOFTWARE, EVEN IF Browser Not Included HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Browser Not Included BE LIABLE FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, EXCEED THE COST OF THE SOFTWARE. THIS LIMITATION SHALL APPLY TO CLAIMS OF PERSONAL INJURY TO THE EXTENT PERMITTED BY LAW.
8. TERMINATION: This Agreement shall terminate automatically if you fail to comply with the limitations described in this Agreement. No notice shall be required to effectuate such termination. Upon termination, you must remove and destroy all copies of the Software.
In the event of invalidity of any provision of this Agreement, the parties agree that such invalidity shall not affect the validity of the remaining portions of this Agreement.
You agree that you will not export or re-export the Software outside of the jurisdiction in which you obtained it without the appropriate United States or foreign government licenses.
This Agreement will be governed by the laws of the United States of America and California, in the city of Folsom. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.
You agree that this is the entire agreement between you and Browser Not Included, which supersedes any prior agreement, whether written or oral, and all other communications between Browser Not Included and you relating to the subject matter of this Agreement.
Reservation of rights.
All rights not expressly granted in this Agreement are reserved by Browser Not Included.