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Silver River News Alert Manager License Agreement You should carefully read the following terms and conditions before using this software. Unless you have a different license agreement signed by Silver River Software, your use, distribution, or installation of this copy of News Alert Manager indicates your acceptance of this License. If you do not agree to any of the terms of this License, then do not install, distribute or use this copy of News Alert Manager. If you paid SILVER RIVER SOFTWARE or an authorised SILVER RIVER SOFTWARE distributor for this copy individually, you may return it unused, within thirty (30) days after purchase, for a full refund of your payment. This copy of News Alert Manager may be used for a 30-day trail period. Whilst the program is not registered it will display a message on all news story's that are published highlighting the fact that the software has not been registered. To continue using the program you must pay a registration fee, where you will be given an unlock code to remove the unregistered message. This program can be used either by a single person who uses the software personally on one or more computers, or installed on a single workstation used nonsimultaneously by multiple people, but not both. This is not a concurrent use license. This software, and all accompanying files, data and materials, are distributed "AS IS" and with no warranties of any kind, whether express or implied. Good data processing procedure dictates that any program be thoroughly tested with non-critical data before relying on it. The user must assume the entire risk of using the program. This disclaimer of warranty constitutes an essential part of the agreement. You also agree that you will abide by the code of conduct given in the user guide and at the end of this licence agreement. Failure to abide by the code of conduct will be deemed a breach of this licence agreement, and use of this software must cease immediately. Any breech of the code of conduct will be determined by Silver River Software who will have the final say on this matter. In the event that a breach of the code of conduct is determined Silver River Software will email you with a notice that the licence has been breached stating that your licence has been breeched and revoked. No refund will be made available in the event of a breach of this licence agreement. In the event that your licence agreement is revoked you will immediately remove the SRS News Alert System, its logos and any reference to it from the websites that you provided News Feeds to. Any liability of SILVER RIVER SOFTWARE will be limited exclusively to refund of purchase price. In addition, in no event shall SILVER RIVER SOFTWARE, or its principals, shareholders, officers, employees, affiliates, contractors, subsidiaries, or parent organisations, be liable for any incidental, consequential, or punitive damages whatsoever relating to the use of News Alert Manager, or your relationship with SILVER RIVER SOFTWARE. In addition, in no event does SILVER RIVER SOFTWARE authorise you to use News Alert Manager in applications, systems or web sites where News Alert Manager's failure to perform can reasonably be expected to result in financial losses, a significant physical injury, or in loss of life. Any such use by you is entirely at your own risk, and you agree to hold SILVER RIVER SOFTWARE harmless from any claims or losses relating to such unauthorised use. This Agreement is the complete statement of the Agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements. This Agreement shall be governed by the laws of England. Exclusive jurisdiction and venue for all matters relating to this Agreement shall be in courts located in England, and you consent to such jurisdiction and venue. All rights of any kind in News Alert Manager which are not expressly granted in this License are entirely and exclusively reserved to and by SILVER RIVER SOFTWARE. You may not rent, lease, modify, translate, reverse engineer, decompile, disassemble or create derivative works based on News Alert Manager. You may not make access to News Alert Manager available to others in connection with a service bureau, application service provider, or similar business. There are no third party beneficiaries of any promises, obligations or representations made by SILVER RIVER SOFTWARE herein. Copyright (c) 2005 by Silver River Software. All rights reserved. Code of Conduct You understand that all information, data, text, messages, graphics, web links or other materials ("Content"), whether publicly or privately published, are the sole responsibility of the person from which such Content originated. This means that you, and not Silver River Software, are entirely responsible for all Content that you publish / transmit via this System. Silver River Software does not control the Content published / transmitted or delivered via this System and, as such, does not guarantee the accuracy, integrity or quality of such Content and may not be held liable for it. You agree to not use the SRS News Alert System to publish or provide links to any content : 1. that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, religiously or otherwise objectionable 2. that harms minors in any way 3. 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 nondisclosure agreements or any information protected by the Official Secrets Act) 4. that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party 5. 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 6. that promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites. 7. that Impersonates any person or entity, including, but not limited to, Silver River Software officials, or falsely state or otherwise misrepresent your affiliation with a person or entity 8. that "Stalks" or otherwise harasses another 9. that Interferes with or disrupts the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services 10. that uses forged headers or otherwise manipulated identifiers in order to disguise the origin of any Content transmitted through the Service or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page 11. that enters into any contract on behalf of Silver River Software 12. that intentionally or unintentionally violates any applicable local, state, national or international law. 13. that could reflect badly on Silver River Software or other SRS News Alert Enabled websites You agree to indemnify, defend (at Silver River Software request), and hold Silver River Software, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable legal' fees, made or brought by any third party due to or arising out of the User's use of this software and any news story or web link provided through this system or any part thereof. In the event that your licence agreement is revoked you will immediately remove the SRS News Alert System, its logos and any reference to it from the websites that you provided News Feeds to.
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