IPB Message Checker
IPB Message Checker (Freeware) License Agreement
This software is offered to you (hereinafter "you" or "user") by Thealx Software Solutions
(hereinafter "thealx.com"), subject to the terms and conditions of this IPB Message Checker
License Agreement (the "Agreement").
Please read the Agreement carefully, because it is a legal contract and imposes obligations
on you as a user of the IPB Message Checker. By using it, you will be bound by this Agreement.
1.0 DESCRIPTION OF SOFTWARE.
IPB Message Checker is a tool that assists users to be notified about new posts on discussion boards.
Thealx.com is making this software program (the "IPB Message Checker") available free through
either the IPB Message Checker site at http://www.thealx.com (the "IPB Message Checker Site")
or bundled with other offerings. Thealx.com is licensing you the right to use the IPB Message Checker
Software during the time that this Agreement is in effect subject to your compliance with the
terms and conditions of this Agreement. The IPB Message Checker Software is licensed to you for
the sole purpose of engaging in personal, non-commercial use and provided that you do so in accordance
with the terms and conditions of this Agreement. All rights relating to the IPB Message Checker
Software that are not expressly licensed in this Agreement, whether now existing or which may
hereafter come into existence, are reserved for thealx.com. This license shall terminate
immediately upon any violation by you of this Agreement.
3.0 PROHIBITED CONDUCT.
You represent and warrant that you will not violate any of the requirements of this Agreement
and further represent and warrant that:
- You will not, and will not permit others to,
(i) reverse engineer, decompile, disassemble,
derive the source code of, modify, or create derivative works from the IPB Message Checker Software, or
(ii) copy, distribute, publicly display, or publicly perform the IPB Message Checker Software other
than as expressly authorized by this Agreement.
- You will not use the IPB Message Checker Software to engage in or allow others to engage in
any illegal activity.
- You will not engage in use of the IPB Message Checker Software that will interfere with or
damage the operation of the services of thealx.com or third parties by overburdening/disabling
network resources through automated queries, excessive usage or similar conduct that exceeds
the permitted personal, non-commercial use.
- You will not sell the IPB Message Checker Software or charge others for use of one.
- You will not use the IPB Message Checker Software to engage in any activity that will
violate the rights of third parties, including, without limitation, through the use,
public display, public performance, reproduction, distribution, or modification of
communications or materials that infringe copyrights, trademarks, publicity rights,
privacy rights, other proprietary rights, or rights against defamation of third parties.
- You may not claim any sponsorship by, endorsement by, or affiliation with thealx.com.
4.0 RELEASE AND INDEMNITY.
You agree to release, defend, indemnify and hold harmless thealx.com, its officers, directors,
employees, agents, independent contractors, attorneys, accounts, parent corporations,
subsidiary corporations, affiliates, successors, and assigns, from and against any and all liability,
claims, actions or demands by yourself or any other party resulting from or relating to your
use or misuse of the IPB Message Checker Software. You waive all laws that may limit the
efficacy of such a release or indemnity.
5.0 DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.
THE IPB MESSAGE CHECKER SOFTWARE IS SUPPLIED "AS IS" AND ALL USE IS AT YOUR OWN RISK.
THEALX.COM DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE
IPB MESSAGE CHECKER SOFTWARE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
NEITHER THIS AGREEMENT NOR ANY DOCUMENTATION FURNISHED UNDER IT IS INTENDED TO EXPRESS OR IMPLY
ANY WARRANTY THAT THE OPERATION OF THE IPB MESSAGE CHECKER SOFTWARE WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE.
Some jurisdictions do not permit disclaimers of implied warranties. In such jurisdictions,
the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
UNDER NO CIRCUMSTANCES SHALL THEALX.COM BE LIABLE TO ANY USER FOR DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (EVEN IF THEALX.COM HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THIS AGREEMENT,
THE IPB MESSAGE CHECKER SOFTWARE, OR USER`S USE OR MISUSE OF THE IPB MESSAGE CHECKER SOFTWARE
OR ANY OTHER SERVICES PROVIDED BY THEALX.COM. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER
THE DAMAGES ARISE FROM THE USE OR MISUSE OF THE IPB MESSAGE CHECKER SOFTWARE OR ANY OTHER
SERVICES SUPPLIED BY THEALX.COM (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), OR ERRORS
OF THE IPB MESSAGE CHECKER SOFTWARE.
Some jurisdictions do not permit limitations of liability. In such jurisdictions,
the foregoing limitations may not apply to you.
6.0 INTELLECTUAL PROPERTY.
By accepting this Agreement, you acknowledge that, as between you and thealx.com, thealx.com is
the owner of all intellectual property rights in and to the IPB Message Checker Software
including copyright, trade secret and all other proprietary rights that are existing throughout the world.
Thealx.com reserves the right to modify or amend this Agreement at any time and for any reason
or for no reason at all, in their sole discretion, without notice. Please review the version
of this Agreement at http://www.thealx.com/ipb_msg_legal.html from time to time in order to keep
current with its terms and conditions.
8.0 TERM AND TERMINATION.
This Agreement is terminable at will by you or by Thealx.com for any reason or for no reason at all,
in either your or thealx.com` sole discretion. This Agreement shall terminate immediately upon
any breach by you. Upon termination, you agree to discard all copies of the IPB Message Checker
Software. All provisions of this Agreement which by their nature extend beyond termination
remain in effect until fulfilled and apply to respective successors and assigns.
9.0 PARENTAL SAFETY CONTROLS.
Certain material available on the Internet is not appropriate for minors. To prevent or limit
your children`s access to such material, a number of parental control protections
(such as computer hardware, software, and filtering services) are commercially available.
IPB Message Checker Software doesn`t provide additional parental control services.
a copy of which is located at http://www.thealx.com/index.aspx?action=privacy.ascx.
11.0 NOTIFICATIONS OF INFRINGEMENT.
Thealx.com processes, investigates, and responds to notifications of alleged infringement
in accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable
intellectual property laws. Upon receipt of notices complying or substantially complying
with the DMCA, thealx.com will act expeditiously to remove or disable access to any material
claimed to be infringing or claimed to be the subject of infringing activity and will act
expeditiously to remove or disable access to any reference or link to material or activity that
is claimed to be infringing.
Notices of claimed infringement should be directed to:
The words "Notice of Infringement" should be put in the subject line of all such notifications.
12.0 MODIFICATION OF THE THEALX.COM SITE, FREEWARE AND SERVICES.
Thealx.com reserves the right to modify the IPB Message Checker Site and the services
or software made available on the IPB Message Checker Site at any time and for any reason,
or for no reason at all, in Thealx.com` sole discretion, without notice. Thealx.com also
reserves the right to cease offering the IPB Message Checker Site or any of the services
or software made available on the IPB Message Checker Site at any time and for any reason,
or for no reason at all, in Thealx.com` sole discretion.
13.0 REGISTRATION AND ACCEPTANCE.
By clicking the "I Accept" box and installing and/or loading the IPB Message Checker Software,
each user represents and warrants that he or she is 18 years of age or older, is capable of
entering into a binding legal agreement, and has read, understands, and agrees to be bound
by all provisions of this Agreement. Any parent or guardian of a person under the age of
18 may accept this Agreement on behalf of a user. By doing so, any such parent or guardian
represents and warrants that he or she is 18 years of age or older, is capable of entering
into a binding legal agreement, agrees to accept full responsibility for the child`s use of
the IPB Message Checker Software, and has read, understands,
and agrees to be bound by the Agreement.
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