DELFIN END USER LICENSE AGREEMENT (“EULA”) AND
PLEASE READ THE FOLLOWING BEFORE USING THIS SOFTWARE: This is a legal agreement between YOU (either an individual or a single entity) and DELFIN for DELFIN LICENSED SOFTWARE, which includes DELFIN developed and licensed computer software and may include associated media, printed materials, and "online" or electronic documentation ("LICENSED SOFTWARE"). By installing, copying, or otherwise using the LICENSED SOFTWARE, YOU agree to be bound by the terms of this EULA. If YOU do not agree to the terms of this EULA, do not install or use the LICENSED SOFTWARE.
SETTINGS ON YOUR COMPUTER.
YOU UNDERSTAND AND AGREE THE LICENSED SOFTWARE WILL MODIFY, REMOVE, AND ADD ENTRIES TO YOUR COMPUTER OPERATING SYSTEM, NETWORK PARAMETERS, AND OTHER INSTALLED FILES THAT WILL CHANGE THE PRIOR DEFAULT SETTINGS, AND/OR INSTALL SOFTWARE FROM THIRD PARTIES WITHOUT USER INTERVENTION, AND/OR TO INSTALL SOFTWARE TO DISPLAY ELECTRONIC ADVERTISEMENTS AND THIRD PARTY WEB PAGES OF EVERY KIND AND NATURE AND/OR MONITOR YOUR ACTIONS AND REPORT THEM TO DELFIN AND/OR UNDISCLOSED THIRD PARTIES, WITHOUT USER INTERVENTION. YOU UNDERSTAND THAT THE ELECTRONIC ADVERTISEMENTS AND THIRD PARTY WEB PAGES MAY APPEAR ABOVE OR BELOW OTHER WEB PAGES YOU HAVE OPEN ON YOUR DESKTOP AND YOU UNDERSTAND AND AGREE THAT YOU HAVE THE SOLE RIGHT AND DISCRETION, AND YOU HEREBY GRANT PERMISSION, TO ALLOW THE LICENSED SOFTWARE TO CAUSE THESE CHANGES IN HOW ANY AND ALL WEB PAGES ARE WINDOWED ON YOUR COMPUTER. YOU UNDERSTAND THESE ADDITIONAL FEATURES AND CHANGES TO THE DEFAULT SETTINGS MAY BE DISABLED AND CHANGED BACK TO THEIR ORIGINAL STATE THROUGH THE TOOLS PROVIDED BY THE OPERATING SYSTEM OR OTHER PROGRAMS. YOU FURTHER UNDERSTAND THAT THESE CHANGES WILL EFFECT SPEED AND THE ABILITY TO ACCESS VARIOUS INTERNET SITES, AND THAT ACCEPTING THIS AGREEMENT ENTITLES DELFIN AND/OR ITS AGENTS TO PROVIDE ELECTRONIC ADVERTISEMENTS AND MONITORING IN EXCHANGE FOR THE USE OF THIS LICENSED SOFTWARE AND/OR ANY OTHER SERVICE(S) PROVIDED IN CONNECTION WITH THE LICENSED SOFTWARE.
The LICENSED SOFTWARE is protected by U.S. and international copyright, patent, trade secret laws and well as other international intellectual property laws and treaties. Upon YOUR acceptance of this EULA, DELFIN grants to YOU a nonexclusive, revocable license to use the LICENSED SOFTWARE, provided that YOU agree to the following:
1. GRANT OF LICENSE.
The LICENSED SOFTWARE is licensed, not sold. YOU own a copy of any media on which the LICENSED SOFTWARE is shipped, but not a copy of the LICENSED SOFTWARE itself. DELFIN retains all title, copyrights, and other intellectual property rights in the LICENSED SOFTWARE and any copies thereof. YOU may install and use a copy of the LICENSED SOFTWARE on each personal computer for which YOU have accepted the terms of this EULA. The LICENSED SOFTWARE is made available for installing or downloading solely for use by end users, and is provided without access to technical or other support services from DELFIN or its suppliers.
YOU must maintain all notices including copyrights on all copies of the LICENSED SOFTWARE. YOU may not modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to learn the source code of the LICENSED SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
YOUR rights under this EULA terminate upon YOUR termination of this EULA, or without prejudice to any other rights, DELFIN may terminate this EULA if YOU fail to comply with its terms and conditions. In such event, YOU must destroy all copies of the LICENSED SOFTWARE.
4. DUTY TO BACKUP.
It is YOUR responsibility to maintain an archival copy of the LICENSED SOFTWARE and to perform periodic backups of all data and programs used on your computer in conjunction with the LICENSED SOFTWARE to prevent loss.
5. NO WARRANTY.
The LICENSED SOFTWARE is being delivered to YOU “AS IS” and DELFIN makes no warranty as to its use or performance. DELFIN AND ITS SUPPLIERS DO NOT AND CANNOT WARRANTY THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE LICENSED SOFTWARE. ANY USE OF THE LICENSED SOFTWARE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DELFIN AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO NON INFRINGEMENT OF THIRD PARTY RIGHTS AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE. DELFIN DOES NOT WARRANT THAT THE OPERATION OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.
6. LIMITATION OF LIABILITY.
The LICENSED SOFTWARE provided by DELFIN is a venue for advertisements and messages only. Accordingly, DELFIN has no control over, and is not responsible for, the content of the any advertisements or messages rendered using this LICENSED SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DELFIN OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF SAVINGS, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE LICENSED SOFTWARE, OR FOR PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF DELFIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Because some states and jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to YOU.
THE ENTIRE LIABILITY OF DELFIN AND YOUR EXCLUSIVE REMEDY UNDER THIS EULA IS, AT THE OPTION OF DELFIN, CORRECTING OR WORKING AROUND ERRORS, REPLACING THE MEDIA, OR REFUNDING THE PURCHASE PRICE. IN NO EVENT SHALL DELFIN'S ENTIRE LIABILITY UNDER THIS EULA EXCEED THE PURCHASE PRICE (EVEN IF THE LICENSED SOFTWARE IS DOWNLOADED WITH OTHER THIRD PARTY SOFTWARE FREE OF CHARGE) OF THE LICENSED SOFTWARE.
DELFIN may modestly deliver highly relevant offers in many ways including but not limited to the following:
- Embedded offers are displayed within some applications.
- Desktop icons and installation files may be placed on YOUR computer that link to other products and services.
- Modest interstitial windows are displayed on YOUR computer desktop.
- Browser based rich media and search results.
In an effort to provide YOU with highly relevant advertising, the LICENSED SOFTWARE displays offers in association with web sites that contextually match the advertiser.
The LICENSED SOFTWARE will make brief, but occasional contact with DELFIN’s advertising servers and 3rd party servers solely for the purpose to update offers, activity information, and technology enhancement features.
To improve and enhance software features and functions DELFIN may occasionally upgrade the LICENSED SOFTWARE automatically. These updates will not take up significant computer resources or bandwidth and will be brief and seamless to YOU. If very substantial or significant changes to the software and bandwidth requirements are needed the product will notify YOU with a click-thru agreement to obtain YOUR consent.
This EULA is governed by the laws of the State of Florida, U.S.A., and jurisdiction for any action based on the LICENSED SOFTWARE shall lie in a court located in Florida. If any part of this EULA is found void and unenforceable, it will not affect the validity of the balance of the EULA, which shall remain valid and enforceable according to its terms.
Should YOU have any questions concerning this EULA, or if YOU desire to contact DELFIN for any reason, please write: Info@DELFIN.com
9. PRCE LICENSE.
Some versions of this LICENSED SOFTWARE make use of Regular Expressions. Regular expression support is provided by the PCRE library package, which is open source software, written by Philip Hazel, and copyright by the University of Cambridge, England. For more information refer to www.pcre.org and a reference to the software is available
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