Terms of Use

DEFINITIONS: 'CUSTOMER': YOU, THE CUSTOMER. 'COMPANY': SOFTWARE SUCCESS LLC, AND SOFTWARE SUCCESS GROUP, THE LATTER BEING A SUBSIDIARY OF LKM INC. 'PROVIDER': SAME AS COMPANY. 'SOFTWARE': ANY AND ALL PRODUCTS AND/OR SOFTWARE PRODUCED AND DISTRIBUTED BY COMPANY, INCLUDING, BUT IS NOT LIMITED TO, NET EXTRACTOR, GOSCRAPER, APSCRAPER, BIZSCRAPER, RECORD&SEND, CB SCRAPER, LEADTOOLSDIRECT, ANY SUBSIDARY FILES AND APPLICATIONS, AND ANY WEBSITES OR WEB PAGES.

THIS AGREEMENT IS BETWEEN CUSTOMER AND COMPANY WITH REGARDS TO CUSTOMER'S USE OF THIS SOFTWARE. THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN PROVIDER AND CUSTOMER.

DISCLAIMER: SOFTWARE IS PROVIDED AS-IS. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. ABSOLUTELY NO CLAIM IS MADE TO HOW MUCH GAIN OR BENEFIT, IF ANY, CAN ARISE FROM USE OF SOFTWARE.

LIABILITY: IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE LIABILITY OF PROVIDER TO CUSTOMER EXCEED THE PRICE PAID BY CUSTOMER. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE ABOVE-STATED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. CUSTOMER SHALL NOT: COPY, IN WHOLE OR IN PART, SOFTWARE OR DOCUMENTATION; MODIFY THE SOFTWARE; REVERSE COMPILE OR REVERSE ASSEMBLE ALL OR ANY PORTION OF THE SOFTWARE; OR RENT, LEASE, DISTRIBUTE, SELL, OR CREATE DERIVATIVE WORKS OF THE SOFTWARE. SOFTWARE MAY AT ANY TIME COMMUNICATE WITH SUCCESS SOFTWARE LLC SERVERS TO VALIDATE OR AUTHENTICATE PAID ACTIVATION STATUS.

LEGITIMATE PURPOSE: CUSTOMER SHALL NOT USE SOFTWARE FOR ANY PURPOSE THAT VIOLATES FEDERAL, STATE AND LOCAL LAWS. CUSTOMER SHALL NOT USE SOFTWARE TO GENERATE OR FACILIATE UNLAWFUL BULK COMMERCIAL EMAIL. CUSTOMER AGREES TO HOLD HARMLESS AND INDEMNIFY PROVIDER IN ANY CIVIL ACTION WHICH IS THE RESULT OF CUSTOMER'S USAGE OF SOFTWARE. THIS AGREEMENT SHALL BE GOVERNED BY THE CONSTRUED IN ACCORDANCE WITH THE LAWS, STATUTES AND REGULATIONS OF INDIANA, USA, AS IF PERFORMED WHOLLY WITHIN THE STATE AND WITHOUT GIVING EFFECT TO THE PRINCIPLES OF CONFLICT OF LAW. IF ANY PORTION HEREOF IS FOUND TO BE VOID OR UNENFORCEABLE, THE REMAINING PROVISIONS OF THIS AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT. THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES WITH RESPECT TO THE USE OF THE SOFTWARE. CUSTOMER DOWNLOADING AND/OR INSTALLING SOFTWARE CONSTITUTES AN AGREEMENT OF THIS TERMS OF AGREEMENT. SOFTWARE SUCCESS OFFERS NO GUARANTEE OR WARRANTEE OF ANY KIND FOR THE SOFTWARE.

REFUNDS: SOFTWARE IS A FREELY DOWNLOADABLE SOFTWARE PRODUCT THAT HAS A FREE DEMO MODE THAT CUSTOMER MAY TRY INDEFINITELY PRIOR TO PURCHASE IN ORDER FOR CUSTOMER TO JUDGE ITS SUITABILITY FOR CUSTOMER'S PARTICULAR PURPOSES, AND AS SUCH IS SOLD AS-IS WITH NO REFUNDS. THEREFORE PROVIDER ENCOURAGES CUSTOMER TO INSTALL AND TRY SOFTWARE IN DEMO MODE PRIOR TO PURCHASING.

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