IMPORTANT - PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALLATION: This End-User Agreement ("EUA") is a legal agreement between you (either an individual or a single entity) and Sutherland Global Services, Inc. for the software product(s) identified above which may include associated software components, media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT or allowing any authorized personnel to do the aforesaid activities, you agree to be bound by the terms of this EUA. If you do not agree to the terms of this EUA, do not install or use the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. This agreement represents the entire agreement concerning the program between you and Sutherland Global Services, Inc. (referred to as "Licensor"), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EUA, do not install or use the SOFTWARE PRODUCT.
YOU REPRESENT THAT YOU ARE A SUPPORT CUSTOMER, THAT YOU ARE installing, copying, or otherwise using the SOFTWARE PRODUCT, AND THAT YOU AGREE TO THE TERMS OF SERVICE. THE TERMS OF SERVICE REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES WITH SUTHERLAND GLOBAL SERVICES INC., RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE WITH Assist by AOL.
This EUA, and the agreements and terms of service referenced herein, represent the entire agreement concerning the SOFTWARE PRODUCT between you and SERVICE PROVIDER, and supersede any prior proposal, representation, or understanding between you and Licensor. In the event of a conflict between this EUA and the Support for Assist by AOL Terms of Service, this EUA shall apply.
1. GRANT OF LICENSE.
The SOFTWARE PRODUCT can be used as follows:
(A) Installation and Use.
You can install and execute the SOFTWARE PRODUCT on your computer running a validly licensed copy of the operating system for which the SOFTWARE PRODUCT was designed [e.g., Windows XP, Windows Vista, Windows 7 , Windows 8, Windows 8.1 and Windows 10].
(B) BACKUP COPIES.
You are not allowed to make copies of this SOFTWARE PRODUCT.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
(A) MAINTENANCE OF COPYRIGHT NOTICES.
You must not remove or alter any copyright notices on any and all copies of the SOFTWARE PRODUCT.
You may not distribute the SOFTWARE PRODUCT to third parties.
(C) PROHIBITION ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY.
You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
You may not sell, rent, lease, or lend, charge fees for access to, or otherwise transfer or make commercial use of the SOFTWARE PRODUCT.
(E) SUPPORT SERVICES.
THE SERVICE PROVIDER may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EUA.
(F) Compliance with Applicable Laws.
You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.
(G) Fees and Charges.
You will be responsible for all the charges towards connectivity, voice and other messaging rates that may be applicable for availing the Support Services and any other service you may avail by entering into this EUA. Voice, data and messaging rates may apply when you use the SOFTWARE PRODUCT.
3. GRANT OF RIGHTS AND PERMISSION
Without prejudice to any other rights, service provider may terminate this EUA if you fail to comply with the terms and conditions of this EUA. In such event, you must destroy all copies of the SOFTWARE PRODUCT in your possession.
5. INTELLECTUAL PROPERTY RIGHTS
All title, including but not limited to copyrights, patents, and trademarks, including trade secrets (all "Intellectual Property Rights") in and to the SOFTWARE PRODUCT and any copies thereof, including the name '"Service center" are owned by Service provider, its third party suppliers or certain open source software licensors. All title and Intellectual Property Rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable common and federal intellectual property laws, federal registration, and international treaties. This EUA grants you no rights to use such content. All rights not expressly granted are reserved by Service provider.
6. NO WARRANTIES
EXCEPT AS MAY OTHERWISE BE SPECIFIED IN THIS EUA, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY, NON-INTERFERENCE, ACCURACY OF INFORMATIONAL CONTENT, OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY SERVICE PROVIDER, ITS SUPPLIERS AND LICENSORS. DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
7. NO LIABILITY FOR OPEN SOURCE MATERIALS.
THE SOFTWARE MAY CONTAIN "OPEN SOURCE" MATERIALS (E.G., ANY SOFTWARE SUBJECT TO OPEN SOURCE, COPYLEFT, OR GNU GENERAL PUBLIC LICENSE, OR SIMILAR LICENSE. THE SERVICE PROVIDER AND ITS LICENSOR(S) MAKES NO WARRANTIES, AND SHALL HAVE NO LIABILITY, DIRECT OR INDIRECT, WHATSOEVER WITH RESPECT TO OPEN SOURCE MATERIALS CONTAINED IN THE SOFTWARE.
IN NO EVENT WILL SERVICE PROVIDER, ITS SUPPLIERS, OR ITS LICENSORS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER INCLUDING ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A SERVICE PROVIDER REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, OR CLAIMS. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. LICENSOR’S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS AND ITS LICENSORS UNDER OR IN CONNECTION WITH THIS EUA SHALL BE LIMITED TO THE AMOUNT PAID FOR THIS SERVICE, IF ANY.
9. PERSONALLY IDENTIFIABLE INFORMATION
WE DO NOT COLLECT PERSONALLY IDENTIFIABLE INFORMATION. HOWEVER, WE MAY COLLECT NON-PERSONALLY IDENTIFIABLE INFORMATION, THROUGH WEB COOKIES OR WEB BEACONS AND WEBSERVICES INCLUDING COLLECTING SUCH INFORMATION AS LOGGING OF IP ADDRESSES, ERRORS LOGS, AND BASIC COMPUTER INFORMATION LIKE THE OPERATING SYSTEM, BROWSER SOFTWARE USED BY EACH USER OF THE SOFTWARE PRODUCT AND GENERIC DETAILS ON SOFTWARE AND HARDWARE ENVIRONMENT. ALTHOUGH SUCH INFORMATION IS NOT PERSONALLY IDENTIFIABLE, WE CAN DETERMINE FROM THE IP ADDRESS A USER’S INTERNET SERVICE PROVIDER AND THE GEOGRAPHIC LOCATION OF HIS OR HER POINT OF CONNECTIVITY. WE USE NON-PERSONALLY IDENTIFIABLE INFORMATION IN AGGREGATE FORM TO BUILD HIGHER QUALITY, MORE USEFUL SERVICES AND SOFTWARE PRODUCTS BY PERFORMING STATISTICAL ANALYSES OF THE COLLECTIVE CHARACTERISTICS AND BEHAVIOR OF OUR VISITORS AND MEMBERS, AND BY MEASURING DEMOGRAPHICS AND INTERESTS.