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1. FindDuplicates.com Find Duplicates Wizard - Licence Agreement

1.1 This agreement is between FindDuplicates.com (the Licensor), and you (the Licensee). It covers your use of the FindDuplicates.com Find Duplicates Wizard (licensed version only), hereinafter referred to as "the Find Duplicates Wizard", "the Wizard", or simply as "the program".

1.2 By installing the Wizard onto a computer, you are deemed to agree to these licence terms.

1.3 If you do not agree with these terms, you must not proceed with installation, or, if the Wizard has already been installed, you must remove the Wizard from your system.

1.4 The Licensor reserves the right to modify the Wizard, and also the terms of this Licence Agreement at any time, and without prior notification.

1.5 You may use the Wizard only according to this Licence Agreement. This Agreement shall be governed by, and construed in accordance with the laws of England and shall be subject to the jurisdiction of the English Courts.

2. Grant of Licence

2.1 The Licensor grants you a non-exclusive, non-transferable licence to use a single copy of the program, or, if multiple licences were purchased, that number of copies of the program. The Software is at all times owned by the Licensor and/or its suppliers. As Licensee, you own a Licence, not the Software.

3. Statement of Copyright

3.1 The Wizard and all accompanying documentation are Copyright © FindDuplicates.com 2003-2004 all rights reserved.

4. Rights of Usage

4.1 You may freely use the facilities offered by an installed Wizard system, so long as you do not use any component file (that was installed as part of the Wizard system) for any purpose other than that for which it was provided, namely as an integral component of the Wizard system.

4.2 You may not make changes to any files in the Wizard's installed directory or folder(s), except as may be offered to you through the Wizard's program interface. Any such action is a violation of this agreement.

4.3 Wizard licensing is per client workstation on which the program has been installed. You or any person nominated by you can use the Wizard on the installed computer.

5. Rights of Distribution

5.1 You have no rights of distribution. You may not under any circumstances distribute the Wizard installation program, any unique access code(s) or key files that may be provided to you, or any binary file which forms part of an installed Wizard system.

6. General Provisions

6.1 You may not modify any part of the Wizard, including documentation. In particular, de-compilation, reverse engineering or creation of derivative works are expressly forbidden.

6.2 You may not remove, obscure or alter any notice of patent, copyright, trademark or other proprietary notice on the Software.

6.3 You may not sub-licence, distribute, rent, lease, or otherwise transfer the Software or any unique access code(s) or key files, or copy the Software.

6.4 You may not make the Software accessible by any type of broadcast or transmission.

6.5 You may not use the Software to attract customers away from the Licensor, or to procure commercial advantage over the Licensor, or to use it in any other way which is likely to be detrimental to the Licensor or its business.

6.6 You may not enable a third party to do any of the acts set out in this section.

6.7 You agree to supervise and control use of the Software in accordance with the terms of this Licence, which at a minimum will mean that you ensure that anyone who uses the software (employees, agents or other affiliated parties) are notified of this Licence and the terms hereof prior to such employee, agent or affiliated party using the same.

6.8 Violation of any of the above provisions may result in termination of this licence, and may further result in criminal or civil prosecution.

7. Warranty

7.1 This program has been developed diligently, and is offered for use in good faith. All use of the software is entirely at the user's risk. The software and documentation are provided "as is". The Help file contains a comprehensive product description.

7.2 You acknowledge that, as with any sufficiently complex computer program, the Software is unlikely to be completely error-free, and you agree that the existence of such errors shall not constitute a breach of this Licence.

7.3 In the event that you discover a material error which substantially affects your use of the same, and notify the Licensor of the error within thirty (30) days from the date of the first use of the Software, the Licensor shall use all reasonable endeavours to correct by patch or new release that part of the Software which does not so comply provided that such non-compliance has not been caused by any modification, variation or addition to the Software not performed by the Licensor or caused by its incorrect use, abuse or corruption of the Software or by use of the Software with other Software or on equipment with which it is incompatible, or which is beyond the reasonable knowledge or control of the Licensor.

7.4 The Licensor makes no warranty, express or implied, including, but not limited to, any warranty of merchantability, non-infringement or fitness for any particular purpose. Specifically, the Licensor does not warrant that the functions mentioned in the Software will meet the Licensee’s individual requirements.

8. Limitation of Liability

8.1 IN NO EVENT SHALL FINDDUPLICATES.COM OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT, HOWSOEVER ANY CLAIM MAY BE BASED, EVEN IF FINDDUPLICATES.COM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8.2 The Licensor expressly excludes liability for indirect, special, incidental or consequential loss or damage which may arise in respect of the Software, its use, the System or in respect of other equipment or property, or for loss of profit, business, revenue, goodwill or anticipated savings.

9. Intellectual Property Rights

9.1 You acknowledge that any and all of the copyright, trademarks, trade names, patents and other intellectual property rights subsisting in or used in connection with the Software including but not limited to all documentation and manuals relating thereto, all images, animations, audio music and text which may be incorporated into the Software remain the sole property of the Licensor. You agree to immediately notify the Licensor of any actual or suspected infringement and you further agree not to use any of the Licensor’s trademarks as any part of the name under which you conduct your business.

10. Severability

10.1 In the event that any of these terms and conditions or provisions shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such terms, condition or provision shall to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.

11. Entire Agreement

11.1 This Agreement supersedes all prior agreements and arrangements of whatever nature and sets out the entire agreement and understanding between the parties relating to its subject matter. Nothing in this clause shall relieve either party of liability for fraudulent misrepresentations and neither party shall be entitled to any remedy for either any negligent or any innocent misrepresentation except to the extent (if any) that a court or arbitrator may allow reliance as the same as being fair and reasonable.

Copyright © 2003-2004 FindDuplicates.com.