End User License Agreement
SigmaTraffic Software License Agreement
The website SigmaTraffic.com is owned and operated by SERPENTINE MIX S.L., VAT: ESB67022582. c/ Pere Serafi 5 1o 1a, 08012 Spain, Barcelona.
Correspondence address: c/ Pere Serafi 5 1o 1a, 08012 Spain, Barcelona.
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING SigmaTraffic SOFTWARE. BY USING SigmaTraffic, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT PURCHASE THE SOFTWARE.
IMPORTANT NOTE: This software may be used to reproduce materials. It is licensed to you only for reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. If you are uncertain about your right to copy any material, you should contact your legal advisor.
1. License. The software, documentation and any fonts accompanying this License whether on disk, in read only memory, on any other media or in any other form (collectively SigmaTraffic) are licensed, not sold, to you by SigmaTraffic for use only under the terms of this License, and SigmaTraffic reserves all rights not expressly granted to you. The rights rights granted herein are limited to SigmaTraffic’s and its licensors’ intellectual property rights in SigmaTraffic and do not include any other patents or intellectual property rights. You own the media on which SigmaTraffic is recorded but SigmaTraffic and/or SigmaTraffic’s licensor(s) retain title to SigmaTraffic Software. SigmaTraffic Software in this package and any copies which this License authorizes you to make are subject to this License. Title and intellectual property rights in and to any content displayed by or accessed through SigmaTraffic Software belongs to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. This License does not grant you any rights to use such content. Photographic images within the software are used as placeholders only, and are not to be confused with permission to use images without permission from copyright owner.
2. Permitted Uses and Restrictions. This License allows you to access SigmaTraffic Software on a single computer at a time. SigmaTraffic Software may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. Except as expressly permitted in this License, you may not decompile, reverse engineer, disassemble, modify, rent, lease, loan, sublicense, distribute or create derivative works based upon SigmaTraffic Software in whole or part or transmit SigmaTraffic Software over a network or from one computer to another. You are prohibited from using software from this or any other SigmaTraffic Site to create a graphic or product of any kind that is in any manner unlawful, threatening, libelous, defamatory, obscene, pornographic, or that would violate any law or the rights of others.
You may use the SigmaTraffic Software only for lawful purposes and in accordance with these End User License Agreement. You agree not to use the Service:
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- Without prior authorisation of the site owner and google analytics account administrator to send automated traffic.
- To send traffic massively to large lists of sites.
3. Limited Warranty on Media (if applicable). SigmaTraffic warrants the media on which SigmaTraffic Software is recorded to be free from defects in materials and workmanship under normal use for a period of seven (7) days from the date of original retail purchase. Your exclusive remedy under this paragraph shall be, at SigmaTraffic’s option, a refund of the purchase price of the product containing SigmaTraffic Software or replacement of SigmaTraffic Software which is returned to SigmaTraffic. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO SEVEN (7) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THIS LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. SigmaTraffic SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
4. In case you have any dissatisfaction with our services and would like to ask for a refund please forward this inquiry to our support team at [email protected]
5. Disclaimer of Warranty on SigmaTraffic Software. You expressly acknowledge and agree that use of SigmaTraffic Software is at your sole risk. SigmaTraffic Software is provided “AS IS” and without warranty of any kind and SigmaTraffic and SigmaTraffic’s licensor(s) (for the purposes of provisions 4 and 5, SigmaTraffic and SigmaTraffic’s licensor(s) shall be collectively referred to as “SigmaTraffic”) EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. SigmaTraffic DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SigmaTraffic SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF SigmaTraffic SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN SigmaTraffic SOFTWARE WILL BE CORRECTED. FURTHERMORE, SigmaTraffic DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF SigmaTraffic SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SigmaTraffic SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
6. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL SigmaTraffic BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL SigmaTraffic BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE SigmaTraffic SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF SigmaTraffic HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall SigmaTraffic’s total liability to you for all damages exceed the amount of fifty dollars ($50.00).
7. Termination. This License is effective until terminated. Your rights under this License will terminate automatically without notice from SigmaTraffic if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of SigmaTraffic Software and destroy all copies, full or partial, of SigmaTraffic Software.
8. Controlling Law and Severability. This Agreement shall be governed by the laws of the Kingdom of Spain, excluding its conflict of law rules, and the courts of Kingdom of Spain shall have exclusive jurisdiction over the parties.
9. Complete Agreement; Governing Language. This License constitutes the entire agreement between the parties with respect to the use of SigmaTraffic Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by SigmaTraffic. The parties hereto confirm that they have requested that this Agreement and all related documents be drafted in English.
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