Webcam 1-2-3 3.0

EULA - End User License Agreement

IMPORTANT - READ CAREFULLY BEFORE PROCEEDING

READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE CLICKING ON "AGREE" CHECK BOX. BY INDICATING YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT, YOU ("Subscriber") ACKNOWLEDGE AND AGREE TO BE BOUND BY THE PROVISIONS OF THIS AGREEMENT FOR THE USE OF THE SERVICES AND THE SOFTWARE ("Services"), INCLUDING ANY UPDATES, UPGRADES OR MODIFICATIONS (collectively, the "Software") PROVIDED BY WEBCAM CORP. ("The Company"). IF SUBSCRIBER IS NOT WILLING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, SUBSCRIBER SHOULD PROMPTLY EXIT FROM THIS PAGE AND WILL NOT BE ALLOWED ACCESS TO THE SOFTWARE AND SERVICES. IF YOU DO NOT ACCEPT - PROMPTLY EXIT FROM THIS PAGE BY CLICKING ON THE "NO" BUTTON.

1. GRANT OF RIGHTS TO USE THE SOFTWARE AND SERVICES.
(a) Effective upon acceptance of this Agreement, the company hereby grants to Subscriber a nonexclusive, nontransferable license to access and download the Software and use the Services, for Subscriber to use on a single computer only. If multiple instancies of Webcam 1-2-3 are to be executed on multiple machines, subscriber needs to purchase a license for each machine. Subscriber is solely responsible for obtaining all equipment and approvals necessary for connection to the Internet and all charges associated with such connection, including but not limited to obtaining a pc and modem, having access to the Internet and phone service charges.

(b) Subscriber may not use the Services to upload, post, e-mail or otherwise transmit any message or content that is or contains:
(i) unlawful, harmful, threatening, abusive, harassing, including "stalking", tortious, defamatory, vulgar, obscene, libelous, invasive of anothers privacy, hateful, or racially, ethnically or otherwise objectionable;
(ii) harmful to minors in any way;
(iii) fraudulent;
(iv) unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
(v) software viruses, trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
(vi) violates any law, whether intentional or unintentional.

(c) The Services, may involve
(i) transmissions over various networks, including those owned, operated or managed by third parties; and
(ii) changes to conform and adapt to technical requirements of connecting networks or devices. The company shall have no liability for any loss of transmitted information sent by or sent to Subscriber that is caused by Section (c)(i) or Section (c)(ii).
2. The COMPANYS RIGHTS.
The company shall retain all right, title and interest to the Software and Services including all patents, copyrights, trademarks and all other intellectual property rights thereto. Subscriber may not, nor allow any third party, to copy, distribute, sell, disclose, lend, transfer, convey, modify, decompile, disassemble or reverse engineer the Software or Services for any purpose whatsoever. The copyright notices and other proprietary legends shall not be removed from the Software and Services and no use of trademarks is granted under this Agreement. Subscriber may not grant any sublicenses, leases or other rights in the Software or Services to any third party. All rights not expressly granted under this Agreement are retained by the company.
3. SUBSCRIBER REGISTRATION.
Subscriber will provide all relevant data to the company as required in the registration form which Subscriber must fill out to sign up for the Services. Subscriber will also provide relevant data at subsequent times as requested by the company. Subscriber shall maintain and promptly update the registration data to keep it true, accurate, current and complete. If Subscriber provides any information that is untrue, inaccurate, not current or incomplete, or the company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the company has the right to suspend or terminate Subscribers account and refuse any and all current or future use of the Service (or any portion thereof). Subscriber represents that the registration data will be accurate, current and complete. Subscriber acknowledges that the company may use the registration data for any lawful purpose. Upon completion of all registration information and acceptance of this Agreement, Subscriber will receive a password. Subscriber is solely responsible for the maintaining the confidentiality of Subscribers password. Subscriber shall not give this information to third parties and shall at all times be responsible and liable for any transactions or activities that occur on Subscribers account. Subscriber shall immediately notify the company if any unauthorized use of Subscribers account has occurred or of any other breach of security.
4. TERMINATION.
Either party may terminate this Agreement upon notice to the other party. Upon termination, Subscriber shall immediately cease to use the Software and Services and the company shall have no further obligations whatsoever to Subscriber, including but not limited to transmitting any message sent by Subscriber or delivering any message sent to Subscriber. The company shall not be liable to the Subscriber or any third party for any reason for the companys terminating this Agreement.
5. WARRANTY DISCLAIMER.
THE SOFTWARE AND SERVICES LICENSED HEREUNDER ARE LICENSED "AS IS" AND "AS AVAILABLE" AND THE COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY SIMILAR WARRANTY WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR ANY STATE THEREOF. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE AND SERVICES ARE FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OF PROPRIETARY RIGHTS. THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE SOFTWARE AND SERVICES SHALL BE BORNE SOLELY BY SUBSCRIBER.

THE COMPANY MAKES NO WARRANTY THAT THE SOFTWARE AND SERVICES WILL MEET SUBSCRIBERS REQUIREMENTS, OR THAT THE SOFTWARE AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR THAT ANY DEFECTS IN THE SOFTWARE AND SERVICES WILL BE CORRECTED.

THE COMPANY DOES NOT MAKE ANY WARRANTY PERTAINING TO ANY GOODS, INFORMATION OR SERVICES PURCHASED, OBTAINED, SECURED OR ACQUIRED THROUGH THE SERVICES OR ANY TRANSACTION OR E-MAIL EXCHANGE ENTERED INTO THROUGH USE OF THE SERVICE.

THE COMPANY DOES NOT WARRANT THE ACCURACY OR RELIABILITY OF THE RESULTS OBTAINED THROUGH USE OF THE SERVICES OR ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICES. SUBSCRIBER ACKNOWLEDGES THAT ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICES ARE AT SUBSCRIBERS SOLE RISK AND DISCRETION AND THE COMPANY WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGE TO SUBSCRIBER OR SUBSCRIBERS PROPERTY.
6. LIMITATION OF LIABILITY.
IN NO EVENT SHALL THE COMPANY BE LIABLE TO SUBSCRIBER OR ANY THIRD PARTY FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER ARISING UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR ANY OTHER THEORY OF LIABILITY. THE COMPANYS LIABILITY FOR DAMAGES, REGARDLESS OF THE FORM OF THE ACTION, SHALL NOT EXCEED THE LICENSE FEE PAID BY SUBSCRIBER FOR THE SOFTWARE AND SERVICES, IF ANY. The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this Section will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
7. INDEMNIFICATION.
Subscriber shall indemnify and hold harmless to the company and his agents from and against all liabilities, losses, costs, expenses (including reasonable attorneys fees), and damages resulting from any negligent acts, omissions or willful misconduct by Subscriber, Subscribers use of the Software and Services and any breach of the terms and conditions of this Agreement by Subscriber.
8. MODIFICATION TO SERVICES.
During the term of this Agreement, the company may modify or discontinue the Services. The company shall not be liable to the Subscriber or any third party for any reason for the companys modifying or terminating of such Services. The Subscriber is responsible for creating a back-up copy of any important or critical information that is stored on the Services.
9. MODIFICATION TO AGREEMENT.
The company reserves the right to change the terms and conditions of this Agreement and such changes will become effective upon posting of such changes on the companys web site.


10. RULES, REGULATIONS AND MONITORING
(a) Subscriber shall be solely liable for any transmissions sent through the Service. The company has no control over the content of any transmission nor will it be liable for such content. Subscriber will abide by all rules, regulations, procedures and policies of the company and any policies of the connected networks.

(b) The company does not screen, but retains the right to do so, any content that is created by the Subscriber or any content that is transferred through the Services. The company shall have the right, but is not obligated to do so, in its sole discretion to refuse to move or delete any message, transmission or content that violates this Agreement or is otherwise objectionable. The company may store any message, transmission or content and may also disclose such if required to do so by law or for any other reasonable purpose.
11. THIRD PARTY LINKS
The Software and Services permit the Subscriber to link to third party web sites. WEBCAM CORP. does not endorse any information posted on such third party web sites nor the reliability or authenticity of any such posted information. The company does not have any relationship with such third party web sites other than permitting the Subscriber to directly link to them for the Subscribers convenience. Subscriber acknowledges that each third party web site may be governed by its own rules and regulations and that the Subscriber will adhere to such rules and regulations when visiting such third party web site. The company shall have no liability whatsoever for any actions of the Subscriber on such third party web sites nor will be the company be liable for any information or data downloaded by Subscriber or any transaction entered into while visiting such third party web site.
12. GENERAL.
This Agreement merges all prior written and oral communications and defines the entire agreement of the parties concerning the Software and Services. In the event any portion of this Agreement shall be held illegal, void, or ineffective, the remaining portions hereof shall remain in full force and effect and such illegal, void or ineffective provisions shall be construed, as nearly as possible, to reflect the intentions of the parties. All notices under this Agreement shall be in writing and delivered by e-mail. This Agreement shall be construed in accordance with the laws of the State of New Jersey without regard to its conflict of laws provisions. Both parties submit to the jurisdiction of the state and federal courts of New Jersey. Subscriber agrees and acknowledges that any breach of the provisions regarding ownership contained in this Agreement shall cause the company irreparable harm and the company may obtain injunctive relief as well as seek all other remedies available to the company in law and in equity. Subscriber shall not assign its rights under this Agreement. The Agreement shall be binding on and inure to the benefit of the parties, their successors, permitted assigns and legal representatives. The failure of the company to exercise its rights under this Agreement will not be construed as a waiver of such rights, nor will it in any way affect the validity of this Agreement. Sections 2, 5, 6, 7 and 10 shall survive termination or expiration of this Agreement for any reason. The U.N. Convention for the Sale of Goods shall not be applicable to this license of the Software and Services to Subscriber. Subscriber acknowledges that Subscriber will comply with the laws and export regulations of the United States.
I, THE INDIVIDUAL IDENTIFIED BELOW ACKNOWLEDGE THAT THIS AGREEMENT CONSTITUTES A VALID AND LEGALLY BINDING OBLIGATION ON MY PART AS SUBSCRIBER.

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