crocoXMASdroid End user license agreement

crocoXMASdroid EULA - End User License Agreement

This document is a legal Agreement between you, the licensee, and Crocon Media. Please read this Agreement carefully before installing the program. By installing the program, you accept the terms of this Agreement. If you do not agree to the terms of this Agreement, quit this installation procedure and promptly delete the files.


1. COPYRIGHT
This crocoXMASdroid software "crocoXMASdroid" ("crocodroid", "the Software") is owned by Crocon Media and Schuetz Internet LLC and is protected by international copyright laws.

2. LICENSE
Crocon Media grants you rights to use the Software on a single user computer, or on a single terminal or workstation of a multi-user computer or local area network, or on multiple computers as determined by your purchase.

3. COPY RESTRICTIONS
3.1 This Software is copyrighted and is proprietary product of CroCon Media. You may make one copy of the Software for backup or archival purposes. All other copying of the Software is expressly forbidden.
3.2 Except as expressly permitted in this Licence, you agree not to reverse engineer, de-compile, disassemble, alter, duplicate, modify, rent, lease, loan, sublicense, make copies, create derivative works from, distribute or provide others with the Software in whole or part, transmit or communicate the application over a network.
3.3 The software may not be passed on or driven out in any means, as well as be made accessible to third parties.
3.4 You may not through the use of any third party software application, alter or modify the values stored by the Software in your computer's memory, on your computer's hard disk, or in your computer's registry, or, with the exception of completely uninstalling the Software, otherwise modify, alter or block the functioning of the Software.
3.5 You may not use automated means, including scripts, batch files, emulators or any others means other than direct manual input by yourself, to control the operation of crocoXMASdroid.
3.6 You may not use, test or otherwise utilize the Software in any manner for purposes of developing or implementing any method or application that is intended to monitor or interfere with the functioning of the Software.

4. TERMINATION
4.1 This license is valid as long as have crocoXMASdroid installed on your computer. This license is effective until terminated. You may terminate this license at any time by uninstalling and destroying all copies of the Software. This license will terminate automatically, without notice from Crocon Media, if you fail to comply with this Agreement. Upon such termination, you shall uninstall and destroy all copies of the Software.

5. LIMITED WARRANTY
The Software is supplied "AS IS" and only if the software was downloaded from the Crocon Media website. Crocon Media disclaims all warranties, expressed or implied, including, without limitation, the warranties of merchantability and of fitness for any purpose. The user must assume the entire risk of using the Software.

6. NO LIABILITY FOR CONSEQUENTIAL DAMAGES
Crocon Media assumes no liability for damages, direct or consequential, which may result from the use of the Software, even if Crocon Media has been advised of the possibility of such damages. There are no further liabilities.

7. Things You Need To Know When Using crocoXMASdroid
7.1 You are responsible for paying all applicable taxes and other costs you may incur in connection with your use of the Software including but not limited to all hardware and software costs and providing all equipment and software necessary to connect to the internet and to use the Software via the Internet and any royalties or other charges relating to the use of data owned by third parties.
7.2 Crocon Media may from time to time present programming fixes, updates and upgrades to you, including version updates to the Software. You may accept or reject such programming fixes, updates and upgrades to you, including version updates at your sole discretion. Crocon Media will never send files by email to users.
7.3 Crocon Media is not responsible for damages that occur because of bugs or erroneous program files.
7.4 Crocon Media is not responsible if you feel disturbed by content or other media provided by crocoXMASdroid.
7.5 Crocon Media is not responsible for copyright infringements on your system that might occur by the usage of crocoXMASdroid, done by users who submit content, information, or data.

8. What You Can't Do Under This Licence
You agree not to use the Software to:

8.1 Communicate any data that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
8.2 Harm minors in any way;
8.3 Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
8.4 Access or communicate any data that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non- disclosure agreements);
8.5 Access or communicate any data that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
8.6 Communicate any data that contains software viruses 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;
8.7 Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
8.8 Interfere with or disrupt the Software;
8.9 Intentionally or unintentionally violate any applicable local, state, national or international law, including securities exchange and any regulations requirements, procedures or policies in force from time to time relating to the Software;
8.10 Monitor traffic or software usage;
8.11 "Stalk" or otherwise harass another;
8.12 Modify, delete or damage any information contained on the personal computer of any crocoXMASdroid user;
8.13 Collect or store personal data or other information about other users; or
8.14 Intentionally make available spoofed files or files with information designed to misidentify the actual content of the file.

9. Things You Need To Do When Using crocoXMASdroid
9.1 It is your responsibility to ensure that you obtain all consents, authorisations and clearances in any data owned or controlled by third parties that you access or communicate to others using crocoXMASdroid.
9.2 Crocon Media will not be liable in any way:
9.2.1 for any errors or omissions in any data, or for any loss or damage of any kind incurred as a result of any data transmitted via the Software;
9.2.2 if you are exposed to data that is offensive, indecent or objectionable; or
9.2.3 for any allegations or findings of infringement of copyright or other proprietary rights as a result of your use of the Software.

10. Copyright Infringement
10.1 Crocon Media respects copyright and other laws. Crocon Media requires all crocoXMASdroid Users, Distributors, Partners, Webmasters and Companies to comply with copyright and other laws. Crocon Media does not by the supply of the Software authorise you to infringe the copyright or other rights of third parties.
10.2 As a condition to use the Software, you agree that you must not use the Software to infringe the intellectual property or other rights of others, in any way. The unauthorised reproduction, distribution, modification, public display, communication to the public or public performance of copyrighted works is an infringement of copyright.
10.3 Users, Distributors, Partners, Webmasters and Companies are entirely responsible for their conduct and for ensuring that it complies with all applicable copyright and data- protection laws. In the event a User, Distributor, Partner, Webmaster or Company fails to comply with laws regarding copyrights, other intellectual property rights, data-protection and privacy, such a User, Distributor, Partner, Webmaster or Company may be exposed to civil and criminal liability, including possible fines and jail time.

11. Crocon Media's Right to Run Advertising without Payment to Users
11.1 Crocon Media reserves the right to run advertisements and promotions in and on crocoXMASdroid.
11.2 By accepting the terms of this Licence, you agree that we have the right to run such advertisements and promotions without compensation to you.
11.3 The timing, frequency, placement and extent of advertising by us within the pages comprising Crocon Media and/or crocoXMASdroid is subject to change and shall be determined by us at our sole discretion.
11.4 Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Crocon Media and/or crocoXMASdroid, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser.
11.5 You agree that Crocon Media is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on crocoXMASdroid.
11.6 You agree, so long as you have not entirely deleted crocoXMASdroid from your computer, not to take any action, including downloading other software, to disable or block the display of advertising by the Software.

12. Links to Third-Party Sites and Channels
12.1 Crocon Media may provide links on crocoXMASdroid, or through icons placed within the crocoXMASdroid desktop application to third-party websites, and/or may frame various third-party websites (or frame within such sites) through the Software or on crocoXMASdroid. Third-party websites, including channels, which Crocon Media/crocoXMASdroid, or Icons may link to or frame and may have co- branding and other relationships with Crocon Media that offer e-commerce and other services and features to users, but are not under the control of Crocon Media. Crocon Media does not have any responsibility or liability for any information, data, communications, products or materials available on such third-party sites. These linked and framed sites are only for your convenience and you therefore access them at your own risk.

13. Applicable Law
13.1 This Licence as well as all disputes arising out of or in connection with this Licence shall be governed by the laws of the United States of America, without regard to or application of choice of law rules or principles.
13.2 Any dispute arising out of or in connection with this Licence, or in future agreements resulting therefrom, shall be exclusively resolved before the competent court in Delaware.

14. Points To Consider For International Use
14.1 Recognising the global nature of the Internet, you agree to comply with all local rules regarding on-line conduct and acceptable data. Specifically, you agree to comply with all applicable laws regarding copyright and the transmission of technical data exported from the country in which you reside.

15. Indemnification
15.1 YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND Crocon Media AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, CO-BRANDERS OR OTHER PARTNERS, AND EMPLOYEES, AT YOUR EXPENSE, AGAINST ANY AND ALL THIRD PARTY CLAIMS OR DEMANDS, ACTIONS, PROCEEDINGS AND SUITS AND ALL RELATED LIABILITIES, DAMAGES, SETTLEMENTS, PENALTIES, FINES COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY'S FEES AND OTHER DISPUTE RESOLUTION EXPENSES) INCURRED BY Crocon Media, DUE TO OR ARISING OUT OF DATA YOU SUBMIT,POST TO, TRANSMIT OR COMMUNICATE THROUGH THE SOFTWARE,YOUR USE OR MISUSE OF THE SOFTWARE, YOUR CONNECTION TO OTHER USERS, YOUR VIOLATION OF THIS LICENSE,OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.

16. Trademarks
The crocoXMASdroid name, the crocoXMASdroid logos, and other crocoXMASdroid related properties are trademarks of Crocon Media. All other trademarks appearing on crocoXMASdroid are trademarks of their respective owners. The layout and particular characteristics of this tool have full copyright. Any violation of these rights like re-engineering or manipulating our application are illegal and will be prosecuted to the full extents of the law. "crocoXMASdroid" as a compilation of pre-existing Content, based upon the selective assembly of specific links from among the universe of available links, is protected under the U.S. Copyright Act, as amended, and the Berne Convention on Copyrights. We are spending significant time, energy and resources in bringing you this great tool. We are not responsible for the content of our application and to which it links.
Other layout design used by crocodroid, crocoXMASdroid, and the crocoXMASdroid system are copyright/trademark of their respective owners.

Effective, June, 1st 2011
Crocon Media
www.crocon-media.com

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