| 1. LICENSE By receiving, opening the file package, and/or using Smart-Buzz.com applications, you agree that this End User User License Agreement(EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement. Unless you have a different license agreement signed by Smart-Buzz.com your use of Smart-Buzz.com indicates your acceptance of this license agreement and warranty. Subject to the terms of this Agreement, Smart-Buzz.com grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use Index Nuke in accordance with this Agreement and any other written agreement with Smart-Buzz.com. Smart-Buzz.com does not transfer the title of Smart-Buzz.com applications to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Smart-Buzz.com and the purchasers or users of Smart-Buzz.com applications. If you do not agree to be bound by this agreement, remove Smart-Buzz.com applications from your computer now and, if applicable, promptly return to Smart-Buzz.com by mail any copies of Smart-Buzz.com applications and related documentation and packaging in your possession. 2. DISTRIBUTION Smart-Buzz.com applications and the licenses herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of Smart-Buzz.com applications contact Smart-Buzz.com at [email protected]. 3. USER AGREEMENT 3.1 Use Your license to use Smart-Buzz.com applications is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of these applications. 3.2 Use Restrictions You shall use Smart-Buzz.com applications in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of Smart-Buzz.com applications together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited. Each licensed copy of Smart-Buzz.com applications may be used on one single computer location by one user. Use of Smart-Buzz.com applications means that you have loaded, installed, or run the application(s) on a computer or similar device. If you install the application(s) onto a multi-user platform, server or network, each and every individual user of the application must be licensed separately. You may make one copy of the application(s) for backup purposes, providing you only have one copy installed on one computer being used by one person. Other users may not use your copy of the application(s). The assignment, sublicense, networking, sale, or distribution of copies of the application(s) are strictly forbidden without the prior written consent of Smart-Buzz.com. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of application(s) . If any person other than yourself uses the application(s) registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation! 3.3 Copyright Restriction These application(s) contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile the application(s). Nor can you create any derivative works or other works that are based upon or derived from application(s) in whole or in part. Smart-Buzz.com's name, logo and graphics file that represents these application(s) shall not be used in any way to promote products without prior authorization of Smart-Buzz.com. Smart-Buzz.com retains sole and exclusive ownership of all right, title and interest in and to the application(s) and all Intellectual Property rights relating thereto. Copyright law and international copyright treaty provisions protect all parts of the application(s), products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Smart-Buzz.com. 3.4 Limitation of Responsibility You will indemnify, hold harmless, and defend Smart-Buzz.com, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Smart-Buzz.com's application(s). In no event (including, without limitation, in the event of negligence) will Smart-Buzz.com, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, the application(s) or the use or inability to use the application(s) or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence. Smart-Buzz.com's entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by Smart-Buzz.com) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to Smart-Buzz.com. 3.5 Warranties Except as expressly stated in writing, Smart-Buzz.com makes no representation or warranties in respect of its application(s) and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose. 3.6 Refund Policy Each purchase of the application(s) is backed by a 7-day money-back guarantee period. If you are not happy for any reason, your can request a refund within these 7 days. No refunds are accepted exceeded this time period. To submit your request simply send an email to [email protected] , the refunding process may take 3 to 4 business days. 3.7 Governing Law This Agreement shall be governed by the law of Malta applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Malta therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions. 3.8 Termination Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of your license(s). Upon termination of this license(s) granted herein for any reason, you agree to immediately cease use of Smart-Buzz.com application(s) and destroy all copies of these application(s) supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license. 4. DISCLAIMER OF WARRANTY SMART-BUZZ.COM APPLICATION(S) AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY THE APPLICATION(S) AS WELL. 5. CONSENT OF USE OF DATA You agree that Smart-Buzz.com may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to the application(s). Smart-Buzz.com may also use this information to provide notices to you which may be of use or interest to you.
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