Software License Agreement

BY DOWNLOADING, COPYING, INSTALLING, OR USING THIS SOFTWARE, YOU AS AN INDIVIDUAL AND ON BEHALF OF YOUR EMPLOYER ("YOU") AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT COPY, INSTALL OR USE THE SOFTWARE. THIS SOFTWARE IS FULLY PROTECTED BY COPYRIGHT UNDER U.S. LAW AND INTERNATIONAL TREATY PROVISIONS.

1. TRIAL PERIOD AND REGISTRATION

This product is copyrighted shareware, not public-domain software. You may use the unregistered version at no charge for an evaluation period of 14 days. To continue to use the software beyond the 14-day evaluation period, you can register it, or continue using a feature-limited version. When you register the product, you will unlock all features, eliminate the registration reminder, and you will receive a license key to enable the application to work without limitations. Discounts on upgrades and technical support will also be available to registered users.

2. USE OF THE SOFTWARE

Up to three unregistered (i.e., shareware) copies of Auction Defender may be used by a single person who uses the software personally. You agree not to install or use any individual License Key on more than one computer at a time. However, you may install an individual copy simultaneously on up to three computers, IF (and ONLY if) all these computers are used primarily by the same individual, and there is no possibility that the computers will be in use at the same time except while you are actively transferring files between them. This provision is only for individual License Keys and does not apply to multi-system License Keys. If the Program was purchased by your employer you agree to get your employer's explicit permission before installing the License Key on multiple computers as described here.

3. SOFTWARE AUTOMATIC UPDATES

Your use of any Software provided by Auction Defender will be governed by this License Agreement and any additional terms and conditions of the end user license agreement accompanying such Software. Auction Defender may automatically check your version of the Software, check validity of the registration keys, and may automatically download upgrades to the Software to update, enhance and further develop Auction Defender services, including providing bug fixes, patches, enhanced functions, missing plug-ins and new versions.

4. REDISTRIBUTING OF THE SOFTWARE

You are free to distribute unmodified copies of the Auction Defender software, under these conditions:
- You must distribute only the unregistered version.
- You must distribute the entire software version, with no modification.
- Your documentation must explain prominently that this is shareware, that a more recent release may be available online from https://www.auctiondefender.com.
- You must distribute the shareware version of Auction Defender without any charge or fee (even though the compilation, such as a CD-ROM, might be sold as a compilation).
- You may redistribute Auction Defender under these terms even if you have not registered it yourself.

5. MODIFICATIONS TO SOFTWARE AND SERVICE

Auction Defender reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Auction Defender software and related services (or any part thereof) with or without notice. You agree that Auction Defender shall not be liable to you or to any third party for any modification, suspension or discontinuance of Auction Defender services.

6. TERMINATION

You may discontinue your use of the Auction Defender program at any time. You agree that Auction Defender may at any time and for any reason terminate your access to Auction Defender services, terminate the Terms of service, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to Auction Defender updates, or any files or other content contained on the AuctionDefender.com website. Sections 4 (Modifications to Service), 6 (Termination), 7 (Disclaimer of Warranties and Limitations of Liability), 8 (including choice of law, severability and statute of limitations), and 9 (Privacy Policy), of the License Agreement shall survive expiration or termination.

7. DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY

THIS SOFTWARE AND ANY ACCOMPANYING FILES ARE PROVIDED BY THE AUTHOR "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. Because of the various hardware, software, and online environments into which Auction Defender may be used, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS OFFERED. Good data processing procedure dictates that any program be thoroughly tested with non-critical data before relying on it. The user must assume the entire risk of using the program, and bears the burden of complying with any third-party license terms. ANY LIABILITY OF THE SELLER WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR REFUND OF PURCHASE PRICE, AT THE SELLER'S SOLE DISCRETION.

8. GOVERNING LAW AND GENERAL INFORMATION

This License Agreement shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Auction Defender agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Hillsborough, Florida. Waiver and Severability of Terms. The failure of Auction Defender to exercise or enforce any right or provision of this License Agreement shall not constitute a waiver of such right or provision. If any provision of this License Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the License Agreement remain in full force and effect. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Auction Defender services, the Auction Defender software, or this License Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

9. PRIVACY POLICY

For information about our data protection practices, please see our Privacy Policy at https://www.auctiondefender.com/privacy.php. By using the Auction Defender software and services, you acknowledge and agree that Auction Defender may access, preserve, and disclose your account information and any Content associated with that account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce this License Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, piracy attempts and the filtering of spam), or (d) protect against imminent harm to the rights, property or safety of Auction Defender, its users or the public as required or permitted by law. You understand that the technical processing and transmission of Auction Defender services, including your registration key, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. The section headings in this License Agreement are for convenience only and have no legal or contractual effect.

License version: 3.0.4 / 2017-11-01