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Moniker Domain Grabber License Agreement


DOMAIN SOFTWARE. MONIKER DOMAIN GRABBER VERSION REGISTERED LICENSE

This Software is licensed not sold. You may use this Software only as described in this license.

If you do not agree to the terms of this license, do not install the Software or use any registration number that was provided with the Software.

1. SOFTWARE. The capitalized term "Software" refers to the computer program known as Moniker Domain Grabber 1.17, any updates, supplemental code or programs provided to you by Domain Software with or in connection with Moniker Domain Grabber 1.17.

2. SERVER. The capitalized term “Server” refers to the central server at Domain Software.

3. GRANT OF LICENSE. Registered Copy. You may not remove any copyright, trademark or reservation of rights language displayed on, in or with the Software.

4. RESTRICTIONS. You may not reduce the Software to human readable form, reverse engineer, de-compile, disassemble or modify the Software. You may not rent, lease, or lend the Software. You may not transfer or use the Software on more than one computer. You may only use the Software on the single computer it was licensed to.

5. INFORMATION COLLECTION. The Software includes a feature which communicates with the Server to validate the license. The Software validates this license upon each execution of the Software. The Software may also identify and report to us your Windows language identifier setting, IP address, and the date and time of installation and/or registration. We use this information only to count the number of installations and detect piracy.

6. LENGTH OF TERM. The length of term for each license is one (1) year from the date of purchase. At the end of the term, you may purchase an additional license to extend the length of term. If you wish to not renew your license at the end of your term, then Domain Software and its partners have the right to discontinue your use of the Software. Domain Software and its partners are by no means required to support any customer whose license of the Software has expired.

7. AVAILABILITY OF SERVICES. Domain Software is not responsible for the unavailability of our services. Domain Software or its partners will under no conditions refund a purchase due to the unavailability of our services.

8. TERMINATION. This license terminates if you fail to comply with its terms and conditions. If your license terminates, you must destroy all copies of the Software. The termination of this license does not limit Domain Software’s other rights it may have by law. Domain Software or its registered partners are not required to refund your money if a license was terminated. Domain Software has the right to terminate any license it feels may have violated the restrictions of use.

9. REFUND. A purchaser of the Software may ask for a refund IF AND ONLY IF no installation has been made onto the designated personal computer and no sign of activity of use has been demonstrated. If the Software is unable to function on the purchaser's designated personal computer, then a refund can be issued; however, it is under the full discretion of Domain Software to determine if the refund shall be fully processed. No refund shall be issued after the first THIRTY (30) days from which the Software was first executed. All refund policies not specified herein shall be granted under the full power and discretion of Domain Software when issuing refunds.

10. COPYRIGHT. You acknowledge that you have only the limited, non-exclusive right to use the Software as expressly stated in this license and that Domain Software retains title to the Software and all other rights not expressly granted. You agree not to remove or modify any copyright, trademark or other proprietary notices which appear, on, in or with the Software. The Software is protected by United States copyright law and international treaty provision.

11. EXPORT RESTRICTIONS. You may not export or re-export the Software in violation of the export laws of the United States, or the applicable laws of any other jurisdiction. Among other things, U.S. laws provide that the Software may not be exported or re-exported to certain countries which are embargoed or restricted or to certain restricted persons. Embargoed and restricted countries currently include Afghanistan, Cuba, Iran, Iraq, Libya, Sudan, North Korea and Syria.

12. NO WARRANTIES. To the extent permitted by applicable law, the Software is provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or noninfringement. The Software is provided with all faults and the entire risk as to satisfactory quality, performance, accuracy and effort is with you.

13. LIMITATION OF LIABILITY. Domain Software is not liable to you for any consequential, special, incidental, or indirect damages of any kind arising out of the delivery, performance, or use of the Software, even if Domain Software has been advised of the possibility of such damages. Domain Software’s liability, for any claim related to your use of the Software, whether in contract, tort, or any other theory of liability will not exceed the greater of U.S. $1.00. Domain Software is not responsible or liable for any actions Moniker Online Services, LLC. or its partners/members take, including but not limited to suspension of account, limitation of account, prevention of account access, or any other action that directly or indirectly effects the standing and or status of your account.

14. U.S. GOVERNMENT RESTRICTED RIGHTS. The Software is provided with the commercial rights described in this license, and is otherwise provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause of DFARS 252.227-7013 or subparagraphs (c)(i) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable.

15. MISCELLANEOUS. Except to the extent local law provides otherwise, this license is governed by the laws of the State of Florida, U.S.A. This license is not governed by the United Nations Convention of Contracts for the International Sale of Goods. This license constitutes the complete and exclusive agreement between us, notwithstanding any provision in any purchase order or other written document, except for our statement of the number of separate license fees for which you have paid as described in Section 2, above. This license may only be modified by a written document signed by both of us. If any provision of this license is held to be unenforceable, the remainder of the license shall not be affected, and the unenforceable provision shall be reformed to the extent necessary to make the provision enforceable. If you are located outside the United States, then the following provision applies: Les parties aux présentés conferment leur volonté que cette convention de même que tous les documents y comis tout avis qui SHY rattaché, soient redigés en langue anglaise. (Translation: "The parties confirm that this Agreement and all related documentation is and will be in the English language.")

Should you have any questions concerning this license, or if you desire to contact Domain Software for any reason, please contact Domain Software by electronic mail at: support@dnware.com.



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