RedV Network (EasyInstall) END USER LICENSE AGREEMENT and TERMS OF USE
IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE CONTINUING WITH THE INSTALLATION PROCESS OF THE SOFTWARE (THE "SOFTWARE"). BY CLICKING ON THE "Yes, I Agree" BUTTON YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, CLICK THE "DO NOT ACCEPT" BUTTON TO TERMINATE THE INSTALLATION PROCESS.
1.License. RedV Network, Inc. ("RedV Network") grants you a non-exclusive right and license to use the Software and the related documentation (the "Documentation") as set forth in this Agreement. You may use the Software on a single computer. [The Software may also be used on a network, so long as each person accessing the Software through the network has a copy licensed to that person.] You may make a single copy of the Software for backup and archival purposes only provided that any copy must contain all proprietary notices included in the original. You may use the Documentation to assist in your use of the Software. You own the media on which the Software is recorded, but not the Software itself or any copy of it. This license is not a sale of the original or any copy of the Software.
2.Restrictions. You may not copy the written material (the "Documentation") accompanying the Software for any purpose. You may not reverse engineer, decompile, or disassemble any Software. You acknowledge that the Software, the Documentation and all intellectual property rights therein are owned by RedV Network. You may not modify the Software or Documentation in any way. You may not sublicense, rent, or lease the Software or the Documentation. You may transfer the Software, Documentation, and all rights under this Agreement to another party together with a copy of this Agreement only if the other party agrees to accept all of the terms and conditions of this Agreement. If you transfer the Software and Documentation, you must at the same time either transfer all copies thereof, whether in printed or machine-readable form, to the same party, or destroy any copies not so transferred.
3.Term. This Agreement and license are effective from the time you accept the terms of this Agreement until this Agreement is terminated. You may terminate this Agreement at any time by uninstalling or destroying all copies of the Software. This Agreement will terminate immediately and without further notice if you fail to comply with any provision of this Agreement. All restrictions on use, and all other provisions that may reasonably be interpreted to survive termination of this Agreement, will survive termination of this Agreement for any reason. Upon termination, you agree to uninstall or destroy all copies of the Software and Documentation.
4.Warranty Disclaimers. THE SOFTWARE, THE DOCUMENTATION AND (EXCEPT AS PROVIDED IN SECTION 4) THE MEDIA UPON WHICH THE SOFTWARE IS RECORDED (IF ANY) ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ANY IMPLIED INDEMNITIES. The entire risk as to the quality and performance of the Software and the Documentation is with you. Should the Software or the Documentation prove defective, you (and not RedV Network or their distributors, licensors or dealers) assume the entire cost of all necessary servicing or repair.
RedV Network does not warrant that the functions contained in the Software will meet your requirements or operate in the combination that you may select for use, that the operation of the Software will be uninterrupted or error free, or that defects in the Software will be corrected. No oral or written statement by RedV Network or by representatives of RedV Network shall create a warranty or increase the scope of this warranty.
RedV Network DOES NOT WARRANT THE SOFTWARE AGAINST INFRINGEMENT OR THE LIKE WITH RESPECT TO ANY COPYRIGHT, PATENT, TRADE SECRET, TRADEMARK OR OTHER PROPRIETARY RIGHT OF ANY THIRD PARTY AND DOES NOT WARRANT THAT THE SOFTWARE DOES NOT INCLUDE ANY VIRUS, SOFTWARE ROUTINE OR OTHER SOFTWARE DESIGNED TO PERMIT UNAUTHORIZED ACCESS, TO DISABLE, ERASE OR OTHERWISE HARM SOFTWARE, HARDWARE OR DATA, OR TO PERFORM ANY OTHER SUCH ACTIONS.
Any warranties that by law survive the foregoing disclaimers shall terminate ninety (90) days from the date you received the Software as shown by your receipt.
5.Limitation of Liability. YOUR SOLE REMEDIES AND RedV Network'S ENTIRE LIABILITY ARE SET FORTH ABOVE. IN NO EVENT WILL RedV Network OR THEIR DISTRIBUTORS OR DEALERS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THE SOFTWARE, THE INABILITY TO USE THE SOFTWARE, OR ANY DEFECT IN THE SOFTWARE, INCLUDING ANY LOST PROFITS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
You agree that RedV Network and their distributors and dealers will not be liable for defense or indemnity with respect to any claim against you by any third party arising from your possession or use of the Software or the Documentation.
In no event will RedV Network's total liability to you for all damages, losses, and causes of action (whether in contract, tort, including negligence, or otherwise) exceed the amount, if any, you paid for this product.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, AND SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
6.Export Control Laws. You agree to comply with all laws, rules and regulations applicable to the export of the Software or the Documentation. Specifically, you shall not export, re-export or transship the Software or the Documentation, or the direct product thereof, in violation of any United States laws and regulations which may from time to time be applicable. None of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, Serbia, Montenegro, North Korea, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Order. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.
7.High Risk Activities. The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as online equipment control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage.
8.Terms of Service. Use Of Collected Information.
PLEASE NOTE: BY ACCEPTING THIS AGREEMENT, YOU ARE ALLOWING RedV Network TO USE CERTAIN INFORMATION OF YOURS.
Basic Contact Information. During registration, RedV Network will collect "Basic Personal Information." Basic Personal Information means your name, email address, gender, birthdate, country, zipcode, Occupation, Education level, Income level, and Marital Status. This Basic Personal Information is stored on RedV Network servers.
Your Personal Information. "Personal Information" is information that is provided at your option and is stored locally on your computer in a file and in cookies. Personal Information consists of the items listed under Basic Personal Information. To the extent RedV Network may access this Personal Information, neither of will transmit this Personal Information voluntarily to any third party without your express prior consent. You access and utilize your Personal Information when you fill out a RedV Network online form.
RedV Network may, on occasion, use your IP address to help diagnose problems with our server and to administer their respective websites.
Use of Basic and Personal Aggregate Information. RedV Network may provide aggregate statistics about its customers such as your traffic patterns and related site information to reputable third-party vendors in order for RedV Network to obtain valuable promotional offers to provide to its customers.
In order to provide this service, RedV Network collects information on your web usage that remains anonymous to third parties. RedV Network may derive personal preference profiles from your Personal Information and web usage. RedV Network WILL NOT VOLUNTARILY DISCLOSE, SELL OR TRADE YOUR PERSONAL PREFERENCE PROFILE TO ANY THIRD PARTY WITHOUT YOUR PRIOR CONSENT.
Without disclosing your Personal Information to third parties, RedV Network will seek out high-value offers and great deals from commercial partners and advertisers that match your interests. RedV Network will provide this Service to you via email, EasyInstall bulletins, RedV Network Browser Headline, or any other proprietary messaging instrument of RedV Network.
Cancellation Of Service. You may opt-out of the email service from RedV Network at any time by unsubscribing your registered email address by visiting http://www.redv.net/support/unsubscribe.asp.
9.Government Restricted Rights. For units of the Department of Defense, use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013. Contractor/manufacturer is
RedV Network, Inc., 4164 148th Ave NE, Redmond, WA 98052
If the Commercial Computer Software Restricted rights clause at FAR 52.227-19 or its successors apply, the Software and Documentation constitute restricted computer software as defined in that clause and the Government shall not have the license for published software set forth in subparagraph (c)(3) of that clause.
The Software (i) was developed at private expense, and no part of it was developed with governmental funds; (ii) is a trade secret of RedV Network (or their licensor(s)) for all purposes of the Freedom of Information Act; (iii) is "restricted computer software" subject to limited utilization as provided in the contract between the vendor and the governmental entity; and (iv) in all respects is proprietary data belonging solely to RedV Network (or its licensor(s)).
10.Governing Law and Interpretation./Arbitration. This Agreement shall be interpreted under, governed, and construed by the laws of the State of Washington, without regard to its rules governing the conflict of laws. If any provision of this Agreement is held illegal or unenforceable by a court or tribunal of competent jurisdiction, the remaining provisions of this Agreement shall remain in effect and the invalid Washington as applied to contracts between Washington residents, without regard to the choice of law provisions of such state. Any dispute arising under or related to this Agreement shall be resolved by binding arbitration before a single neutral arbitrator in Seattle, Washington in accordance with the commercial arbitration rules of the American Arbitration Association; provided, however, that nothing herein shall prevent a party from seeking injunctive relief to enforce compliance with this Section 12, or to enforce any ruling of the arbitrator.
11.Entire Agreement. This Agreement is the complete agreement between RedV Network and you and supersedes all prior agreements, oral or written, with respect to the subject matter hereof.
12.Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable for any reason, such invalidity, illegality or unenforceability shall not affect any other provisions of this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.
13.Interpretation And Construction. In the event any provision of this Agreement is determined to be uncertain or ambiguous, the language in all parts of this Agreement shall be construed as a whole according to it fair meaning and not strictly construed for or against one party or another. This Agreement and all of its attachments shall be construed and enforced without any presumption or rule that it might be construed or enforced against the drafter.
BY ACCEPTING THIS AGREEMENT, YOU AFFIRM AND ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT. THE PROVISIONS CONTAINED HEREIN REPRESENT AN AGREED UPON ALLOCATION OF RISK WHICH IS REFLECTED IN THE FACT THAT YOU ARE RECEIVING FREE SOFTWARE AND ASSUMING THE OTHER OBLIGATIONS HEREUNDER.
