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END USER LICENSE AGREEMENT
THIS IS A LEGAL AGREEMENT between you (either an individual or an entity) and Gal Consultancy Ltd. By using this software, you are agreeing to be bound by the terms and conditions of this License Agreement. If you do not agree to the terms and conditions of this License Agreement, do not use this software and delete all copies from your computers.
1. Grant of Limited License.
Gal Consultancy Ltd grants to you a non-exclusive, limited right to install and use Gal Consultancy Ltd software program downloaded (the "Software"). The license permits either (a) multiple users to install and use the Software on a single machine; or (b) a single user to install and use the Software on multiple machines. However, a single license does not allow multiple users to ever use Software on multiple machines or a server, except in the case of multi-user licensing.
Multi-user licenses permit you to install and use the software on multiple computers at a time as long as those computers are located in the same household or business (portables which are used primarily in this household or business are included) and used by persons who occupy that same household or business. By "household or business" we mean a person or persons sharing the same housing unit such as a home, a business (single location), apartment, mobile home or condominium. This license does not extend to students who reside at a separate on-campus location.
2. Reservation of Rights and Copyright.
Gal Consultancy Ltd reserves all rights not expressly granted to you in this License Agreement. The Software is licensed, not sold. The Software is owned by Gal Consultancy Ltd, its affiliates or their suppliers and is protected by copyright laws and other intellectual property laws and international treaty provisions. Among other things, copyright laws prohibit you from making derivative works of the Software. You may, however, make copies of the Software solely for your individual and personal use on multiple computers, provided that you do not copy the Registration Key (see Section 3(a) below) and further provided that you include all copyright and proprietary rights notices on any copies. Notwithstanding the foregoing, you may not make copies for use on multiple machines if multiple users (including employees, agents, or contractors) will use those machines unless you purchase a corresponding number of seat licenses.
3. Other Restrictions.
(a) If your copy of the Software is not licensed, you may register your copy of the Software by purchasing a license at http://www.hstracker.com. The license will unlock the features of the software as specified at time of purchase. You may not copy the licensed software except for backup purpose.
(b) You may modify, reverse-engineer, decompile, or disassemble the Software. However, you may not do so for the purpose of circumventing any of the terms of this License Agreement or any other provision of law.
(c) You may not claim that the Software is yours, and you may not use the name Gal Consultancy Ltd to endorse or promote products derived from the Software without prior written permission.
(d) You must use the Software at all times in a manner that is consistent with the software licenses granted to you by other companies that have provided software for your computer. For example, the Software is designed to be used with the Mac OS X operating system, and so you may not use the Software in a manner inconsistent with the Mac OS X license agreement between you and Apple, Inc.
(e) You may not distribute copies of the licensed software, in whole or in part, to any third party, nor may you use, rent, loan, sublicense, or lease the Software to third parties. You further may not use the Software to act as a service bureau or application service provider. You may however distribute the unlicensed demo as downloaded from www.hstracker.com without any modification.
4. Limited Warranty, Disclaimers and Limitation of Liability.
(a) Gal Consultancy Ltd provides a thirty (30) day money-back guarantee on the Software. If you are dissatisfied with the Software for any reason, Gal Consultancy Ltd will refund your money if you return the Software and all copies to the place of purchase within thirty (30) days of the date of the original purchase. EXCEPT FOR THE FOREGOING THE SOFTWARE AND ANY DOCUMENTATION ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. Gal Consultancy Ltd, ITS AFFILIATES AND THEIR SUPPLIERS FURTHER DISCLAIM ANY IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. IF THE SOFTWARE PROVES DEFECTIVE, YOU (AND NOT Gal Consultancy Ltd, ITS AFFILIATES OR THEIR SUPPLIERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.
(b) IN NO EVENT SHALL Gal Consultancy Ltd, ITS AFFILIATES OR THEIR SUPPLIERS OR ANYONE ELSE INVOLVED IN THE CREATION, PRODUCTION, MARKETING, DISTRIBUTION, OR DELIVERY OF ANY PART OF THE SOFTWARE, BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, FOR BUSINESS INTERRUPTION, FOR LOSS OF BUSINESS INFORMATION, OR FOR OTHER MONETARY LOSS, ARISING OUT OF THE USE OF OR THE PERFORMANCE OF THE SOFTWARE OR THE INABILITY TO USE THE SOFTWARE AND OTHER INFORMATION PROVIDED TO YOU BY Gal Consultancy Ltd, OR IN THE PROVISION OF, OR FAILURE TO PROVIDE, SERVICES OR INFORMATION. This exclusion and limitation shall apply even if any remedy fails of its essential purpose.
Because some states of the United States and some countries do not allow the exclusion or limitation of the liability for consequential or incidental damages, the above disclaimer may not apply to you. Any warranties that by law survive the foregoing disclaimers shall terminate ninety (90) days from the date you downloaded or otherwise received the Software.
(c) NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF Gal Consultancy Ltd, ITS AFFILIATES AND ANY OF THEIR SUPPLIERS, WHETHER IN CONTRACT (INCLUDING ANY PROVISION OF THIS LICENSE AGREEMENT), TORT, OR OTHERWISE, AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING, SHALL BE LIMITED TO THE GREATER OF DIRECT DAMAGES IN THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR U.S.$5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
By using this software you represent that you have paid Gal Consultancy Ltd any and all applicable license fees for the Software.
6. Your Warranty to Gal Consultancy Ltd.
You warrant that all individuals having access to the Software will observe and perform all the terms and conditions of this License Agreement. You shall, at your own expense, promptly enforce the restrictions in this License Agreement against any person who gains access to your copy of the Software (i.e. the copy you obtain upon agreeing to this License Agreement or any other lawful copy you have made from such copy) with your permission or while your employee and who violates such restrictions, by instituting and diligently pursuing all legal and equitable remedies against him or her. You agree to immediately notify Gal Consultancy Ltd in writing of any misuse, misappropriation or unauthorized use, disclosure, display or copying of the Software that may come to your attention. You agree to defend, indemnify and hold harmless Gal Consultancy Ltd, its affiliates and their suppliers from any and all claims resulting from or arising out of your use of the Software or breach of this License Agreement.
7. Terms of Service.
If you downloaded the Software, Gal Consultancy Ltd servers will automatically log certain non-personal information from your computer, information such as your IP address. If you decide you wish to purchase a license, we require that you provide us with certain billing information that is personal to you ("Personal Information"). That Personal information includes your name, address and may also include other information such as your email address.
To the extent Gal Consultancy Ltd may access Personal Information, Gal Consultancy Ltd will not transmit Personal Information voluntarily to any third party without your express consent except to comply with legal process. Your Personal Information remains in your full control.
Gal Consultancy Ltd may, on occasion, use your IP address to help diagnose problems with our server and to administer its website. Gal Consultancy Ltd may provide aggregate statistics about our customers, traffic patterns, and related site information to reputable third-party vendors. In this process, the information that Gal Consultancy Ltd collects remains anonymous to third parties. Gal Consultancy Ltd may derive general information from your Personal Information and web usage. Gal Consultancy Ltd will not voluntarily disclose, sell or trade your Personal Information to any third party without your consent except to comply with legal process.
8. Export Control Laws.
You agree to comply with all laws, rules and regulations applicable to the export of the Software.
9. Injunctive Relief.
Because of the unique nature of the Software, you understand and agree that Gal Consultancy Ltd will suffer irreparable injury in the event you fail to comply with any of the terms and conditions this License Agreement and that monetary damages may be inadequate to compensate Gal Consultancy Ltd for such breach. Accordingly, you agree that Gal Consultancy Ltd will, in addition to any other remedies available to it at law or in equity, be entitled to injunctive relief, without posting a bond, to enforce the terms and conditions of this License Agreement.
You may terminate this Agreement at any time. Gal Consultancy Ltd may immediately terminate this License Agreement if you breach any representation, warranty, agreement or obligation contained or referred to in this License Agreement. Upon termination, you must dispose of the Software and all copies or versions of the Software by destroying the Software. The provisions of Sections 3, 4, 5, 6, 7, 8, 9 and 11 of this License Agreement shall survive termination of this Agreement.
If any litigation is brought to enforce this License Agreement, or arises out of this License Agreement, the prevailing party shall be awarded its reasonable attorneys' fees together with expenses and costs incurred in such litigation. This Agreement shall be governed by the laws of the State of Washington, but not including the 1980 United Nations Convention on Contracts for International Sale of Goods. Venue for any action under this Agreement shall be in Seattle, Washington. You consent to the personal jurisdiction of the courts of such venue. This License Agreement is the complete agreement between Gal Consultancy Ltd and you and supersedes all prior agreements, oral or written, with respect to the subject matter hereof.
12. U.S. Government Restricted Rights.
The Software is 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 at 48 CFR § 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software -- Restricted Rights 48 CFR § 52.227-19, as applicable. Manufacturer is Gal Consultancy Ltd, UK.
If the Commercial Computer Software Restricted Rights clause at 48 CFR § 52.227-19 or its successors apply, the Software constitutes restricted computer software as defined in that clause and the Government shall not have the license for published software set forth in subparagraph (c)(3) of that clause.
The Software (i) was developed at private expense, and no part of it was developed with governmental funds; (ii) is a trade secret of Gal Consultancy Ltd for all purposes of the Freedom of Information Act; (iii) is "restricted computer software" subject to limited utilization as provided in the contract between the vendor and the governmental entity; and (iv) in all respects is proprietary data belonging solely to Gal Consultancy Ltd.
COPYRIGHT NOTICE. Copyright © 2008 Gal Consultancy Ltd, UK. All rights reserved. Any rights not expressly granted in this License Agreement are reserved.
TRADEMARKS. "Gal Consultancy Ltd" and "Gal HSTracker" are either trademarks or registered trademarks of Gal Consultancy Ltd