NEWS ROVER SOFTWARE END-USER LICENSE AGREEMENT
1. IMPORTANT, PLEASE READ CAREFULLY:
YOU SHOULD READ THE FOLLOWING TERMS AND CONDITIONS BEFORE PURCHASING NEWS ROVER OR PRESSING "ORDER" ON ANY OF THE ORDER WEB PAGES ON
NEWSROVER.COM AND/OR BEFORE PRESSEING "I ACCEPT" IN THE INSTALLATION DIALOG BOX FOR THE SOFTWARE PRODUCT.
THIS END-USER LICENSE AGREEMENT (“EULA”) IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) (“YOU” OR “END USER”)
AND S&H COMPUTER SERVICES, INC. (“S&H”) FOR YOUR USE OF THE SOFTWARE PRODUCT (AS HEREINAFTER DEFINED). BY DOWNLOADING, INSTALLING, COPYING,
ON THE WWW.NEWSROVER.COM WEB SITE, WHICH NOTICES, TERMS, AND POLICY ARE EXPRESSLY INCORPORATED BY REFERENCE HEREIN.
IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MAY NOT INSTALL, COPY, DOWNLOAD OR USE THE SOFTWARE PRODUCT.
IF YOU DO NOT AGREE, CLICK “DISAGREE/DECLINE.” YOU AGREE THAT YOUR USE OF THE SOFTWARE ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT,
UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
2. SOFTWARE PRODUCT
The Software Product, as used in this EULA, means, collectively and/or as applicable:
A. The News Rover software program;
B. All packaging associated with the News Rover software program;
C. The Usenet indexing service maintained by S&H and used by the Newsgroup Search feature of the News Rover software program (the “Indexing Service”);
D. Any and all contents, components, attachments, software, media, and code with which this EULA is provided and delivered via the Web Site;
E. Any and all images, photographs, art, art work, clip art, fonts or other artistic works (the “Art Work”);
F. Related explanatory written materials and instructions, and any other possible documentation related thereto (“Documentation”); and
G. Upgrades, modified versions, updates, additions and copies of the Software Product (the “Upgrades”), if any, licensed to you by S&H under this EULA.
3. GRANT OF LICENSE AND RESTRICTIONS
A. S&H grants you a non-exclusive, non-transferable End-User license right to install the Software Product on the local hard disk(s)
or other permanent storage media of two (2) computers for use by the licensee.
YOU MAY NOT MAKE ANY REGISTRATION KEY FOR THE SOFTWARE PRODUCT PUBLICLY AVAILABLE OR AVAILABLE TO ANY THIRD PARTY.
B. YOU ARE FORBIDDEN TO USE THE SOFTWARE PRODUCT TO VIEW, DOWNLOAD, COPY, TRANSFER, POST, OR OTHERWISE ACCESS OR USE ANY TEXT, IMAGE,
AUDIO, VIDEO, AUDIOVISUAL, DATABASE, OR OTHER WORK SUBJECT TO COPYRIGHT PROTECTION WITHOUT THE EXPRESS WRITTEN PERMISSION OF THE COPYRIGHT HOLDER,
AND YOU ARE HEREBY NOTIFIED THAT DOING SO IS ILLEGAL UNDER THE LAWS OF THE UNITED STATES.
ANY VIOLATION OF THIS PROVISION BY YOU CONSTITUTES A MATERIAL BREACH OF THIS EULA AND SHALL AUTOMATICALLY TERMINATE YOUR RIGHTS UNDER THIS EULA,
AS SET FORTH IN SECTION 5(B) HEREUNDER.
4. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
Your initial payment for this EULA includes one (1) year of access to the Indexing Service, free upgrades to all new versions of the Software Product
released during this one (1) year period, and free registration key replacements and e-mail technical support.
Upon the termination of this period, you may renew these services, subject to terms and conditions and renewal fee as S&H may specify.
A. This License is effective until terminated. Licensee may terminate it at any time by destroying the Software Product with all copies,
full or partial, and removing all of its component parties.
B. Your rights under this EULA will terminate automatically without notice from S&H if you fail to comply with any term(s) or condition(s) of this EULA.
C. Upon termination of this EULA, you shall cease all use of the Software Product and destroy all copies, full or partial,
together with all backup copies, modifications, printed or written materials, and merged portions in any form
and remove all component parts of the Software Product.
6. CONTROLLING LAW; FORUM; SEVERABILITY
This EULA will be governed by and construed in accordance with the laws of the State of Tennessee, without regard to choice of law provisions.
Any legal action to enforce or interpret this EULA shall be brought in a court of competent jurisdiction in Davidson County, Tennessee.
THE PARTIES HEREBY WAIVE THEIR RIGHT TO TRIAL BY JURY. This EULA shall not be governed by the United Nations Convention on Contracts
for the International Sale of Goods, the application of which is expressly excluded.
If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable,
the remainder of this EULA shall continue in full force and effect.
A. S&H may modify or amend this EULA from time to time. Any such modification or amendment shall be deemed effective immediately
upon posting on www.NewsRover.com. You should regularly review www.NewsRover.com for any modifications or amendments to the EULA,
as your continued use of the Software Product after a modification or amendment signifies your assent and agreement to this EULA as modified or amended.
B. The parties agree that this EULA is the complete and exclusive statement of the agreement between the parties,
which supersedes and merges all prior proposals, understandings and all other agreements,
oral or written, between the parties relating to the subject matter.
C. Any waiver, either expressed or implied, by either party of any default by the other in the observance and performance
of any of the conditions and/or covenants of duties set forth herein shall not constitute or be construed as a waiver of any subsequent or other default.
E. The headings to the Sections and Subsections of this EULA are included merely for convenience of reference
and shall not affect the meaning of the language included therein.