EULA for
Baseball Stats
NOTICE TO ALL USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT ("AGREEMENT"), FOR THE LICENSE OF SPECIFIED SOFTWARE ("BASEBALL STATS PINDERSOFT") PRODUCED BY PINDERSOFT. ("PINDERSOFT"). BY CLICKING THE ACCEPT BUTTON OR INSTALLING BASEBALL STATS PINDERSOFT, YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) CONSENT TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE BUTTON THAT INDICATES THAT YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT AND DO NOT INSTALL BASEBALL STATS PINDERSOFT.
There is NO Adware or Spyware included in this program.
1. License Grant. Subject to the payment of the applicable license fees, and subject to the terms and conditions of this Agreement, PinderSoft hereby grants to you a non-exclusive, non-transferable right to use one copy of the specified version of Baseball Stats PinderSoft and any accompanying documentation. You may install one copy of Baseball Stats PinderSoft on one computer, workstation, personal digital assistant, pager, "smart phone" or other electronic device for which Baseball Stats PinderSoft was designed (each, a "Client Device"). If Baseball Stats PinderSoft is licensed as a suite or bundle with more than one specified Software products, this license applies to all such specified Software products, subject to any restrictions or usage terms specified on the applicable price list or product packaging that apply to any of such Software products individually.
a. Use. Baseball Stats PinderSoft is licensed as a single product; it may not be used on more than one Client Device or by more than one user at a time, except as set forth in this Section 1. Baseball Stats PinderSoft is "in use" on a computer when it is loaded into the temporary memory (i.e., random-access memory or RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that Client Device. This license authorizes you to make one copy of Baseball Stats PinderSoft solely for backup or archival purposes, provided that the copy you make contains all of Baseball Stats PinderSoft`s proprietary notices
b. Server-Mode Use. To the extent such use is specified in the applicable product invoicing or packaging for Baseball Stats PinderSoft, you may use Baseball Stats PinderSoft on a Client Device or on or as a server ("Server") within a multi-user or networked environment ("Server-Mode") for either (i) connecting, directly or indirectly, to not more than the maximum number of specified Client Devices, or (ii) deploying not more than the maximum number of agents (pollers) specified for deployment. If no such maximum number is specified, this is a single product use license subject to subsection (a) above. A separate license is required for each Client Device or "seat" that may connect to the Server at any time, regardless of whether such licensed Client Devices or seats are concurrently connected to or actually accessing or using Baseball Stats PinderSoft. Use of software or hardware that reduces the number of Client Devices or seats directly accessing or utilizing Baseball Stats PinderSoft (e.g., "multiplexing" or "pooling" software or hardware) does not reduce the number of licenses required (i.e., the required number of licenses would equal the number of distinct inputs to the multiplexing or pooling software or hardware "front end"). If the number of Client Devices or seats that can connect to Baseball Stats PinderSoft can exceed the number of licenses you have obtained, then you must have a reasonable mechanism in place to ensure that your use of Baseball Stats PinderSoft does not exceed the use limits specified for the license you have obtained. This license authorizes you to make or download one copy of the Documentation for each Client Device or seat that is licensed, provided that each such copy contains all of the Documentation`s proprietary notices.
c. Volume Use. If Baseball Stats PinderSoft is licensed with volume license terms specified in the applicable product invoicing or packaging for Baseball Stats PinderSoft, you may make, use and install as many additional copies of Baseball Stats PinderSoft on the number of Client Devices as the volume license terms specify. You must have a reasonable mechanism in place to ensure that the number of Client Devices on which Baseball Stats PinderSoft has been installed does not exceed the number of licenses you have obtained. This license authorizes you to make or download one copy of the Documentation for each additional copy authorized by the volume license, provided that each such copy contains all of the Documentation`s proprietary notices.
2. Term. This Agreement will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. When this agreement terminates, you must destroy all copies of Baseball Stats PinderSoft and the Documentation. You may terminate this Agreement at any point by destroying all copies of Baseball Stats PinderSoft and the Documentation.
3. Updates. During the term of this Agreement, you may download revisions, upgrades, service packs or updates to Baseball Stats PinderSoft when and as PinderSoft publishes them via its electronic bulletin board system, website or through other online services.
4. Ownership Rights. Baseball Stats PinderSoft is protected by USA copyright laws and international treaty provisions. PinderSoft and its suppliers own and retain all right, title and interest in and to Baseball Stats PinderSoft, including all copyrights, patents, trade secret rights, trademarks and other intellectual property rights therein. You acknowledge that your possession, installation, or use of Baseball Stats PinderSoft does not transfer to you any title to the intellectual property in Baseball Stats PinderSoft, and that you will not acquire any rights to Baseball Stats PinderSoft except as expressly set forth in this Agreement. You agree that any copies of Baseball Stats PinderSoft and Documentation will contain the same proprietary notices which appear on and in Baseball Stats PinderSoft and Documentation.
5. Restrictions. You may not rent, lease, loan or resell Baseball Stats PinderSoft. You may not permit third parties to benefit from the use or functionality of Baseball Stats PinderSoft via a timesharing, service bureau or other arrangement, except to the extent such use is specified in the applicable price list, purchase order, or product packaging for Baseball Stats PinderSoft. You may not transfer any of the rights granted to you under this Agreement. You may not reverse engineer, decompile, or disassemble Baseball Stats PinderSoft, except to the extent the foregoing restriction is expressly prohibited by applicable law. You may not modify, or create derivative works based upon, Baseball Stats PinderSoft in whole or in part. You may not copy Baseball Stats PinderSoft or Documentation except as expressly permitted in Section 1 above. You may not remove any proprietary notices or labels on Baseball Stats PinderSoft. All rights not expressly set forth hereunder are reserved by PinderSoft. PinderSoft reserves the right to periodically conduct audits upon advance written notice to verify compliance with the terms of this Agreement.
6. Warranty and Disclaimer
a. Warranty Disclaimer. To the maximum extent permitted by applicable law, and except for the limited warranty set forth herein, BASEBALL STATS PINDERSOFT IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING PROVISIONS, YOU ASSUME RESPONSIBILITY FOR SELECTING BASEBALL STATS PINDERSOFT TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM BASEBALL STATS PINDERSOFT. WITHOUT LIMITING THE FOREGOING PROVISIONS, PINDERSOFT MAKES NO WARRANTY THAT BASEBALL STATS PINDERSOFT WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT BASEBALL STATS PINDERSOFT WILL MEET YOUR REQUIREMENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PINDERSOFT DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO BASEBALL STATS PINDERSOFT AND THE ACCOMPANYING DOCUMENTATION. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.
7. Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL PINDERSOFT OR ITS SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES. IN NO EVENT WILL PINDERSOFT BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE LIST PRICE PINDERSOFT CHARGES FOR A LICENSE TO BASEBALL STATS PINDERSOFT, EVEN IF PINDERSOFT SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.
8. Export Controls. Neither Baseball Stats PinderSoft nor the Documentation and underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korean, Sudan, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the United States Treasury Department`s list of Specially Designated Nations or the United States Commerce Department`s Table of Denial Orders. By downloading or using Baseball Stats PinderSoft you are agreeing to the foregoing and you are certifying that you are not located in, under the control of, or a national or resident of any such country or on any such list.
9. High Risk Activities. Baseball Stats PinderSoft is not fault-tolerant and is not designed or intended for use in hazardous environments requiring fail-safe performance, including without limitation, in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons systems, direct life-support machines, or any other application in which the failure of Baseball Stats PinderSoft could lead directly to death, personal injury, or severe physical or property damage (collectively, "High Risk Activities"). PinderSoft expressly disclaims any express or implied warranty of fitness for High Risk Activities.
10. Miscellaneous. This Agreement is governed by the laws of the USA and the European Union, without reference to conflict of laws principles. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. This Agreement sets forth all rights for the user of Baseball Stats PinderSoft and is the entire agreement between the parties. This agreement supersedes any other communications with respect to Baseball Stats PinderSoft and Documentation. This Agreement may not be modified except by a written addendum issued by a duly authorized representative of PinderSoft. No provision hereof shall be deemed waived unless such waiver shall be in writing and signed by PinderSoft or a duly authorized representative of PinderSoft. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The parties confirm that it is their wish that this Agreement has been written in the English language only.
11. To delete Baseball Stats PinderSoft from your PC, do this through the Control Panel.
12. Redistribution.
a. Baseball Stats PinderSoft is a "freeware program" and is provided at no charge. Feel free to share it with your friends, relatives, or anyone else.
14. PINDERSOFT CUSTOMER CONTACT. http://www.pindersoft.com. Email: admin@pindersoft.com










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