PowerResearcherTM SOFTWARE LICENSING AGREEMENT and PRIVACY POLICY IMPORTANT. READ CAREFULLY. USE OF PowerResearcherTM SOFTWARE PRODUCTS AND MATERIALS CONSTITUTES ACCEPTANCE OF THE FOLLOWING LICENSE AGREEMENT, which includes a DISCLAIMER OF WARRANTY, LIMITATION OF LIABILITY AND CHOICE OF LAW. PowerResearcherTM SOFTWARE AND MATERIALS ARE LICENSED, NOT SOLD. THE SOFTWARE IS PROTECTED BY PATENT, TRADMARK, COPYRIGHT AND INTERNATIONAL COPYRIGHT TREATIES, AS WELL AS OTHER INTELLECTUAL PROPERTY LAWS AND TREATIES. IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THE SOFTWARE. Your acceptance of this Licensing Agreement constitutes your agreement with its terms. COPYRIGHTS AND TRADEMARKS As a Licensee and end user, Global Executive Management LTD. a Bermuda company (LICENSOR) grants you a non-exclusive, nontransferable right to use the PowerResearcherTM software and materials. LICENSOR retains full ownership and patent rights, intellectual property rights and title to PowerResearcherTM software and materials. You understand and agree that PowerResearcherTM and all developments made and works created by LICENSOR associated with the PowerResearcherTM are Proprietary Information and are the sole and complete property of LICENSOR, that any and all copyrights, trademarks, patents and other proprietary inter¬ests therein are owned by LICENSOR and that the other provi¬sions of this License Agreement shall fully apply to all the Product and Materials submitted to you for your use, evaluation and/or review. All PowerResearcherTM (patent pending) software and any other products mentioned or referenced are copyrighted and are trademarks or registered trademarks. The PowerResearcherTM software, documentation, materials, or any portions thereof, are protected by patent, trademark and copyrights and may not be reproduced in any form whatsoever without the express written permission of LICENSOR Correspondence concerning this product, software and documentation should be addressed to: PowerResearcherLLC, 4555 Mansell Road, Suite 300, Alpharetta, GA, 30022. LICENSE STATEMENT AND RESTRICTIONS: PowerResearcherTM software, materials and documentation are licensed for the exclusive use of the original licensee (“you”) for use by you individually, or for a specific number of concurrent users. Use of the PowerResearcherTM is limited to those in possession of a validly puchaser and legally acquired License Key. This software and all materials are copyright protected and may not be reproduced in any form. You and any person you authorize to use your license key/s, to use PowerResearcherTM, agree not to attempt to reverse, engineer, modify, translate, reassemble or otherwise tamper with PowerResearcherTM. You also agree not to rent, lease or lend your License Kkey or PowerResearcherTM product or materials to anyone. You may not distribute the License Key, the product or software or materials to unauthorized third parties. Your rights under this Agreement terminate at such time as you fail to comply with the terms and conditions of this License Agreement. Upon termination of this license for any reason, you must destroy all copies of the PowerResearcherTM software and materials. AUTHORIZED USE. Lawful use of PowerResearcherTM requires you to register your use and your License Key with LICENSOR or its agents/s. You agree that you have a valid, purchased and non-replicated or duplicated License Key to use PowerResearcherTM. You agree that you have not duplicate and will not allow anyone else the use of your License Key, to use PowerResearcherTM. You authorize Licensor to validate the License Key in use and disable the License Key and your PowerResearcherTM entirely, if it detects simultaneous use or duplicated use of your License Key. As a condition of your use of PowerResearcherTM , you will not use it for any purpose that is unlawful or prohibited. You may not use the PowerResearcherTM in any manner that could damage, disable, overburden, or impair the Internet, any network, or computer system. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through any Internet site. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY License to use PowerResearcherTM is sold “as is,” without warranty of any kind, including without limitation the warranties of merchantability or fitness for a particular purpose. You assume the entire risk and liability for the use of PowerResearcherTM. To the maximum extent permitted by applicable law, LICENSOR shall in no event be liable to you for any errors, malfunctions, defects or loss of data resulting from or relating to the use of the product. LICENSOR shall not be liable to you for any special, incidental, indirect, consequential or other damages whatsoever including loss of business profits or information, or any other pecuniary loss arising out of the use or inability to use the software except as provided by applicable law. No warranty is made as to the product’s use, its accuracy, reliability or correctness. Should the product prove defective, you assume the entire cost of all necessary service or repair. In any case, the amount of damages payable by LICENSOR for any damages whatsoever is limited to the list price of this license to the PowerResearcherTM software and materials, even if LICENSOR has been informed of the possibility of such damages, or for any claim by any other party. EXPORT RESTRICTIONS You agree that you will not export or re-export PowerResearcherTM to any country, person, entity or end user subject to U.S.A. export restrictions. PRIVACY This privacy statement describes our ongoing commitment to your privacy and data security. Information captured during download and registration is for the use of LICENSOR and its Associates to ensure better service and support and, to validate use, and with a user's permission, to inform the user about upgrades, new products, and promotions. Protecting Your Information. LICENSOR does not share any personally identifiable information about its users, such as your name, address, phone number or email address. However, with your permission, PowerResearcherTM may send diagnostic data to aid in our support of PowerResearcherTM users. A Special Note About Children. LICENSOR can help parents and guardians protect the privacy of their minor children. We do not allow children under 13 to register our software. If you are under the age of 13, we require that your parents register the PowerResearcherTM software. Promoting Privacy Legislation. LICENSOR does not under any circumstances share personally identifiable information about its subscribers. We fully comply with and promote privacy legislation. The Children's Online Privacy Protection Act (COPPA) created by the FTC (Federal Trade Commission) requires any web site that may collect personally identifiable information about children under the age of 13 to obtain permission from the child’s parent or guardian before collecting such information. The FTC created a document, KidsPrivacy.pdf () which contains legal requirements for website operators to comply with children’s privacy legislation and tips for parents and children to stay safer online. Please distribute the document freely. For more information about COPPA see www.ftc.gov <> <<>> For more information about protecting children online see www.ftc.gov/kidzprivacy <> <<>>www.wiredkids.org <><<>>www.cyberangels.com <> <>>
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