Legal Notices
By using this site or software produced by WAR Management Group, you must agree to the following:
Copyright Information
The WAR Management Group's products, services, Web content and related materials are owned by WAR Management Group and/or its licensors, and all rights are reserved by WAR Management Group and/or its licensors. This site, it's software, and all related materials are Copyright 2000-2006, WAR Management Group. All rights reserved. No part of this site or software may be reproduced, posted, stored, distributed, displayed, published, broadcast, transmitted, or sold without the prior written consent of WAR Management Group.
WAR Management Group Software License
WAR Management Group provides the following End-User License Agreement with respect to the software it distributes. An End-User License Agreement is a legal agreement between you (either an individual or a single entity) and WAR Management Group for a WAR Management Group software product. Such software product includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). WAR Management Group has the right to revise the End-User License Agreement.
End User License Agreement
This End-User License Agreement ("EULA") is a legal agreement for
our Software, which includes computer software and associated media, add-on
modules, printed materials, and "online" or electronic documentation
(collectively the "Software"), between You and WAR Management
Group. By accessing, installing, copying, or
otherwise using the Software, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you may not install,
distribute, or use the Software.
COPYRIGHT. The Software is protected by copyright laws and
international copyright treaties, as well as other intellectual property laws
and treaties. All title and copyrights in and to the Software (including
but not limited to any images, photographs, keyword lists, IP lists, source code,
templates, incorporated into the Software) are owned by WAR
Management Group.
GRANT OF LICENSE. The Software is licensed, not sold. Subject to the
condition that you are in compliance with the terms of this EULA, you may
install and use the Software for use for your personal promotion of 100 domains
that is directly owned by you or for which you are an affiliate. No other use,
modification, alteration, copying, or distribution of the Software is permitted.
You may not rent the Software, nor may you offer use of it to others through a
service bureau or application service provider. If you are installing this copy
of the Software as an upgrade, update, patch or enhancement of a prior release
of the same Software which was installed on the same computer, your rights under
the prior license agreement for the Software are terminated, and all of your use
of the Software (including its prior versions) are solely under the terms of
this license agreement.
LIMITATIONS. Most of the Software files are encoded. You may not reverse engineer, decompile, or disassemble the
Software. The Software is licensed as a single product, and its
component parts may not be separated for use on more than one computer. You may
not modify, amend, or create derivative works of the Software. You may
not alter, modify, or change Software any un-encoded source code files
in any manner.
DOMAIN LICENSES. This Software License grants you 100 Domain
License, allowing you to use our Software on 100 Web domains. You may
purchase additional Domain Licenses for your use only. You may not resell,
grant, or convey the benefit of these Domain Licenses to others. You may not,
for example, use the software on your customer's or client's sites, even if you
totally control those domains for them. The ultimate and sole beneficiary of
these Domain Licenses must be yourself.
USE OF Software. We believe that our Software is an increasingly
necessary tool to achieve good representation in the search engines. Software is
a tool to help Webmasters. You are solely responsible for use of software, and any
and all results resulting from use or misuse of software. It is your
responsibility to ensure that you are using software in accordance with all
local, state, and national laws. It is your duty to monitor pending and new
legislation and make sure you are in compliance. It is your responsibility to
ensure that your hosting service provider or ISP allows installation and use of
Software on
their systems, even if we do installation on said hosting service provider or ISP. It is your
responsibility to ensure that you are not violating any other parties'
copyrights when using Software. You
may not use our Software to steal or infringe the copyrights of others. You
agree to use this software legally and to use it only for copyrights that you
have
the legal right to use. You agree that you will use Software ethically.
REFUNDS. We provide refunds within 30 calendar days of your
purchase of Software. Refunds only apply to licenses purchase, and not to
paid services, add-ons, templates, etc. Any refunds initiated on your part with
our sales processors for add-ons, services, or templates
will result in the termination of your license to use our Software. We will not
give refunds to those people who only want to "try it out", see how it looks or
are unable to operate it correctly. Check the full working demos we provide or
ask us any questions before you buy. We actively
check the validity of sold licenses. Any refund will result in cancellation of
license.
PRIVACY. You understand and accept that Software will communicate with
WAR Management Group servers for news, upgrades, updates, patches, license
verification, and anti-fraud purposes. Only information we access is the license
key, that will be communicated to WAR Management Group servers solely for
the purpose of license verification and anti-fraud purposes. We make our
Software as secure as possible, but we do
not warrant nor guarantee that any information you enter into Software
is secure from prying eyes, particularly from those who have access to your
server. You are responsible for protecting you script "Manage" area with a
password using .htaccess file or any other mean provided by your hosting service. You also understand that as a customer we will occasionally send you
promotional emails highlighting new products, services, and features of Software and other offerings from WAR Management Group; you may opt-out of future
emails at any time.
TERMINATION. Without prejudice to any other rights, WAR Management Group may
terminate this EULA or your rights under this EULA at any time if you fail to
comply with the terms and conditions of this EULA. We additionally reserve the
right to terminate your license and EULA at any time, for any reason. Upon
termination of your rights under this EULA for any reason, or upon termination
of the EULA itself, you must un-install all copies of the Software and all
of its component parts in your possession (including all component parts, the
media and printed materials, any prior versions, and this EULA). We reserve the
right to remotely de-activate and/or remotely remove any infringing Software installation. The terms of this paragraph shall survive any termination
of this EULA. If you request a refund of your purchase, you must un-install all
copies of Software.
DISCLAIMERS. User expressly agrees that use of Software is at User's
sole risk. You agree that Software is provided "as is" and without
warranties of any kind either express or implied. You understand that use of
Software could result in significant recourse against you by the search
engines, including, but not limited to, your entire domain name being banned and
purged from search engine listings; you agree to take sole responsibility for
such results. You also understand that installing this software on certain
hosting services
may result in those hosting services banning you from their servers, or taking other
action against you. You also agree to fully investigate any laws related to use
of Software in your jurisdiction, and ensure that you comply with them.
You also understand and agree that, while we make every effort to ensure that
Software does not contain any security weaknesses, we are not
responsible for any data loss, hacker attacks, backdoors, trojans, or
other security or data incidents resulting from use, installation, or misuse of
Software, or from our installation services, installation advice, or
digital or telephonic communications related to installation or use of Software.
To the fullest extent permissible pursuant to applicable law, WAR Management
Group disclaims all warranties, express or implied, including, but not limited
to, implied warranties of merchantability and fitness for a particular purpose.
WAR Management Group does not warrant that this site or its Software
will be uninterrupted, secure, error-free, bug-free, virus-free, or that defects
will be corrected.
When we provide installation services, paid or otherwise, via e-mail, on the
telephone, or remotely, you understand that we are not responsible for any data
loss, compromised security, or loss of profits resulting from installation
services or advice. As well, we do not warrant or guarantee that our
installation services, or that the Software, is not in violation of your
host, ISP, or Search Engines' Terms & Conditions.
This disclaimer applies to any damages or injury caused by any failure of
performance, error, omission, interruption, deletion, defect, delay in operation
or transmission, computer virus, communication line failure, theft or
destruction or unauthorized access to, alteration of, or use of record, whether
for breach of contract, tortuous behavior, negligence, or under any other cause
of action.
You acknowledge that WAR Management Group , its employees, directors,
shareholders, affiliated parties, or any person or entity involved in creating,
producing or distributing Software are not liable for the defamatory, offensive
or illegal conduct of other users or third-parties and that the risk of injury
from the foregoing rests entirely with user.
You agree to defend, indemnify and hold harmless WAR
Management Group and its shareholders, directors, officers, employees, agents,
affiliates, and any person or entity involved in creating, producing, or
distributing Software from and against all claims and expenses,
including attorneys' fees, arising out of the installation of Software,
use of Software, misuse of Software, failure to use Software, technical glitches or bugs or security weaknesses in
Software,
or any other result arising out of Software.
LIMITATION OF LIABILITY. You agree that in no event will WAR Management
Group , its employees, directors, shareholders, affiliated parties, or any
person or entity involved in creating, producing or distributing Software be
liable for any damages, including, without limitation, direct, indirect,
incidental, special, consequential or punitive damages, or any lost profits or
lost savings -- even if we have been advised of the possibility of such loss,
damages, or claim -- arising from use, misuse, or installation of Software or
from installation services or advice. The foregoing limitations and exclusions
apply to the extent permitted by applicable law in your jurisdiction. user
hereby acknowledges that the provisions of this section shall apply to Software,
installation services and advice, and all content on this site.
You agree that no information in this site constitutes legal advice. You agree
that all information, programs, strategies, ideas, and thoughts in this site are
for informational purposes only. You do not hold war management group , its
officers, directors, employees, shareholders, affiliated parties, or any person
or entity involved in creating, producing or distributing Software responsible
for any actions taken by user.
Neither WAR Management Group , its officers, directors, employees, shareholders,
affiliated parties, or any person or entity involved in creating, producing or
distributing Software warrant or guarantee the timeliness, sequence, legality,
accuracy, validity, or completeness of the information contained in this site.
Additionally, there are no warranties as to the results obtained from the use of
this software.
You are solely responsible for anything you do with Software. You hold WAR
Management Group , its employees, directors, shareholders, affiliated parties,
or any person or entity involved in creating, producing or distributing Software
harmless for any of your actions. It is your sole responsibility to thoroughly
assess the legality, profitability, and viability of using this Software. You
recognize that search engines do not look kindly on search engine cloaking, and
you take sole responsibility for using this Software. We do not provide advice,
warranties, or representations in this regard. you understand that search
engines may take actions against sites that use auto generated content, cloaking
and other so called "black hat" techniques, including but not limited to
deleting your entire site from their indexes. You hold WAR Management Group, its
officers, directors, employees, shareholders, affiliated parties, or any person
or entity involved in creating, producing or distributing software blameless in
such circumstances.
You further understand that WAR Management Group makes no warranties,
guarantees, or claims in regards to your income by using this software. We do
not guarantee that you will be listed in the search engines, or that your
listings will increase. you recognize that it is difficult to get good search
engine listings. you recognize that it may take several months or longer, if
ever, before you notice an increase in listings due to our software.
NON DISCLOSURE. Software shall be treated in its entirety as
Confidential Information. Confidential Information shall not be provided or
disclosed by you to anyone except your employees or agents and shall only be
used for the purpose of configuration or installation. The obligations to not
disclose Confidential Information shall survive any termination of this
Agreement for a period of three (3) years from the date of first disclosure of
such Confidential Information; otherwise, this obligation shall expire one year
from initial agreement. No rights or licenses under patents, trademarks, or
copyrights are granted or implied in any disclosure of Confidential Information.
Confidential Information and any and all copies thereof, in whole or in part,
shall remain the property of WAR Management Group and shall be immediately
destroyed or returned upon request by WAR Management Group. You may not assign
or transfer your duties or obligations under this Agreement without the prior
written consent of WAR Management Group. Any attempt to assign or transfer
rights or delegate duties without such prior written consent shall be void.
NON COMPETITION. You understand that WAR Management Group operates in
Search Engine Optimization market, which is a highly
competitive market, and that Software required many years of
development. As such, you hereby agree that you will not develop, market, sell,
or otherwise produce a product that competes directly with WAR Management Group
and its Software. This obligation shall survive any termination of this
Agreement for a period of one (1) year from the date of first agreement;
otherwise, this obligation shall expire one year from initial agreement.
ADDITIONAL LEGAL NOTICES. Any failure by WAR Management Group to enforce
any of the rights specified in the Terms or applicable laws shall not constitute
a waiver of such right. If any provision of the Terms is found by a court of
competent jurisdiction to be invalid, you, WAR Management Group , and the court
shall endeavor to give effect to the intent reflected in that provision, and the
remaining provisions shall retain their full force and effect. It is your
responsibility to determine if use of Software is in violation of any
local, state, regional, or national laws. Under no circumstances shall WAR
Management Group ever be liable for an amount greater than the price you paid
for the Software.
This Agreement constitutes the entire agreement of the parties with respect to
the subject matter hereof, and supersedes all previous written or oral
agreements between the parties with respect to such subject matter. This
Agreement shall be construed in accordance with the laws of the State of Oregon.
No waiver by either party of any breach or default hereunder shall be deemed to
be a waiver of any preceding or subsequent breach or default. The section
headings used herein are for convenience only and shall not be given any legal
import.
We may modify any of the terms and conditions contained in this Agreement, at
any time and in our sole discretion. Notice of any change by e-mail, to your
address on our records, or the posting on our site is considered sufficient
notice for notifying you of a modification to the terms and conditions of this
Agreement.
Any rights not expressly granted herein are reserved.