Legal Notice

Software End-User License and Services Agreement

This legal document is an Agreement between you, the end user, and Partnership Graphics Inc D.B.A Just One Design (THE COMPANY). By installing this software, you are agreeing to become bound by the terms of this service agreement, which includes a software license and disclaimer of warranty. THE COMPANY reserves the right to update the terms of this agreement at any time without notice to you. The most current version of this agreement can be reviewed here. This agreement constitutes the complete agreement between you and the company. If you do not agree to the terms of this agreement, do not use software to access THE COMPANY service. GRANT OF LICENSE THE COMPANY grants to you, the licensee, a royalty free non-exclusive right to use this copy of computer program (the "Software") with the terms set forth in this agreement to access THE COMPANY Service. OWNERSHIP OF SOFTWARE THE COMPANY retains title and ownership of the software recorded on the original media and all subsequent copies of the software. The data that End User receives from THE COMPANY’s Service, is for End User’s private use and cannot be resold, re-marketed, loan, rent, sub-license, or re-published in any way unless agreements have been previously been made with THE COMPANY in writing, to do so. COPY RESTRICTIONS The software and accompanying written materials are copyrighted. Unauthorized copying of any part of the software or of any accompanying written material is expressly forbidden. However, you may make one copy of the software for your personal backup purposes. You are not permitted to make any copy of the printed material accompanying the software. BACKUP THIS SOFTWARE IT IS YOUR RESPONSIBILITY TO MAINTAIN A BACKUP COPY OF THIS SOFTWARE ON ANOTHER PC OR ON A CD, FOR USE IN THE EVENT OF CATASTROPHIC LOSS SUCH AS HARD DISK CRASH OR LOSS OF YOUR WORKING PC IN ANY OTHER MANNER. TRANSFER RESTRICTIONS SOFTWARE AND SERVICE This software is licensed only to you, and you agree that you will not transfer, rent, loan, sub-license or host the software without the prior written consent of THE COMPANY. If additional copies are needed, download them from or web site. SERVICE: The resulting data received from THE COMPANY’s Service is for the purpose of End User’s private use and cannot be resold, re-marketed, loan, rent, sub-license, or re-published in any way without prior written notice from THE COMPANY. AUTOMATIC RENEWAL AND TERMINATION OF LICENSE the software is free to use in order to access the service of THE COMPANY. The service is a “pay as you go”. Service (access to data) requires payment at time of service. THE COMPANY reserves the right to terminate End User access to its service and use of software for any reason. Notification will be sent to e-mail on file. DISCLAIMER OF WARRANTY THE COMPANY does not warrant that functions contained in the software or service will meet your requirements, or will operate in combinations which may be selected for use by you, or that the operation of the software will be uninterrupted or error free, or that any defects that may exist in the Software will be corrected. Errors may exist in the software. REVERSE ENGINEERING You may not yourself or through a third party reverse engineer, decompile or disassemble the software except, and only to the extent such activity is expressly permitted by applicable laws notwithstanding this limitation. PARTIAL USE This software may not be used in whole or in part to enhance, create or otherwise assist in the development of a similar competitive product without express written consent from THE COMPANY. UPGRADES This license entitles you to free upgrades of the Software. If you are opted in on notification within the software you will be e-mailed when new versions are available. UPDATES Certain components of this Software are required to be updated automatically from time to time due to changes in Address formats and Webpage formats which are not within THE COMPANY’s control. This license entitles you to free updates of the software for the subscription period. These updates are designed to improve, enhance and further develop the Software and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit THE COMPANY to deliver these to you) as part of your use of the Software. The Software is sold “AS IS” and THE COMPANY will try to maintain the consistency of results by providing Software updates as and when required. However, due to the dynamic nature of the Internet, THE COMPANY cannot guarantee that websites that are supported and/or accessible at the time of purchase will be supported and/or accessible in the future. THE COMPANY does not warrant to integrate with all views, formats and modes available in each of the website or applications listed as being supported by the Software. THE COMPANY does not promise to add all features that are technically feasible into the Software. THE COMPANY will be the sole decision maker on what integrations to support and what features to add now and in the future. You agree to ensure that the Software performs to your satisfaction AS IS on the date of purchase. As long as it is technically feasible, THE COMPANY will try to support all features and integrations as provided when the Software was purchased. If you need support for functionality that is not in the Software on the day you purchased it, you can request for a price quote as a custom project. All development, testing, QA and project management costs will be added in the quote provided for such requests. RESERVATION OF RIGHTS THE COMPANY reserves all rights not expressly granted to you in this license agreement. PASSWORD KEY DISCLOSURE You may not disclose to any other person or organization your license key. You agree to store it and keep it confidential and to notify THE COMPANY immediately if you have any reason to believe that you lost your password key. CONSENT TO USE OF DATA You agree that THE COMPANY may collect and use data related to the Software, if any, gathered from your computer as part of the product support services provided to you. THE COMPANY may use this information solely to improve the products or to provide customized services or technologies to you and will not disclose this information in any form. RESTRICTIONS ON USE You may not sell information captured using this software service or reproduce, display, publicly perform, distribute, or otherwise use the captured information in any way for any public or commercial purpose. The use of the captured data on any other web site or in a networked computer environment for any purpose is prohibited. This license explicitly prohibits captured data from being placed on a server for access to others outside the company. This License explicitly prohibits re-broadcasting or sale of the captured data in any form. This license is not for use by Service providers to provide data extraction services to multiple clients using the same license key. The captured data should be for company's internal use only. This License permits the use of the software only by the end user to extract data by their company or one end client for the purpose of using the extracted data by the company. Commercial use of services, including but not limited to, selling the data collected from using the software, requires an Extended Services End-User License Agreement. Please contact Partnership Graphics Inc D.B.A Just One Design, sales for an Extended Services End-User License Agreement. USAGE LIMITS You understand that this Software uses third party web sites and search engines from your PC to access and analyze information on your behalf. You understand that this Software is conducting the service and access on your personal behalf and not for THE COMPANY. In essence, this Software is acting as your personal assistant. You understand that, if the Software is used in an excessive manner or goes beyond the limits set by access agreements set by search engines and third party sites, they may deny access to you as per their agreement and you may not have access to those services through your PC or through your network. Additionally, excessive use of the Software may result in all users on your network to be denied access as well. THE COMPANY will not be liable if your access, or the access of other users on your network, to third party web sites and search engines is blocked because of actions taken by this software on your behalf. THE COMPANY cautions that you use this Software in moderation. You should use it in much the same way as you would use an assistant who gets the data for you. It is recommended that you run searches for no more than 300 contacts at a time and that you place no more than 10,000 contacts in the software’s grid at a time. PIRATING OF DATA IS PROHIBITED Some third party web sites and portals prohibit the use of automated capture tools like this software to capture data, and other sites place restrictions on how captured data can be used. This agreement expressly prohibits the use of this software to capture data from such third party web sites and documents, as well as using such captured data in a manner where it is illegal to do so. THE COMPANY can offer you no opinions on the legality of capturing any data, even if capability to capture such data is included in this software. It is your responsibility to make sure you have the relevant rights to capture and store the data the way you plan to, before using this software. PAYMENT AND BILLING Payments must be made at time of requesting data capture service. Or in advance unless otherwise mutually agreed upon and as specified in the invoice. All payment obligations are non-cancelable and all amounts paid are non- refundable. THE COMPANY will automatically present you with payment methods upon check out. Fees for other services will be charged on an as-quoted basis. NON-PAYMENT AND TERMINATION THE COMPANY reserves the right to automatically suspend or terminate this agreement if you default on your payment or if your account becomes delinquent (falls into arrears). REFUNDS THE COMPANY offers fully functional versions for the users to evaluate the software’s functionality. The user is not obligated to purchase data captured until he/she has reviewed and accepted the search list results. As such, THE COMPANY has a “no refund’ policy THE COMPANY reserves the right to automatically suspend or terminate this agreement where it is no longer viable to support you, at the sole discretion of THE COMPANY. AFFILIATION DISCLAIMER THE COMPANY is not affiliated or connected in any manner to any third party web sites and search engines, including but not restricted to, online directories, listings, job boards, yellow pages and white pages, Yahoo Maps, Yelp. THE COMPANY recommends you to read license agreements of these third party web sites and ensure you do not violate any Government Laws or rules of the third party web sites before using the software. You agree that THE COMPANY is not responsible for any such violations committed by you using the software. DO NOT USE THE SOFTWARE IN ANY CASE WHERE SIGNIFICANT DAMAGE OR INJURY TO PERSONS, PROPERTY OR BUSINESS MAY HAPPEN IF AN ERROR OCCURS, YOU EXPRESSLY ASSUME ALL RISK FOR SUCH USE. THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE COMPANY DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULT OF THE USE, OF THE SOFTWARE OR WRITTEN MATERIALS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS, QUALITY AND PERFORMANCE OF THE SOFTWARE. IF THE SOFTWARE OR WRITTEN MATERIALS ARE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR OR CORRECTION. THE COMPANY MAKES NO WARRANTIES OF ANY KIND, EXPRESSES OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS PRODUCT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. NEITHER THE COMPANY NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS PRODUCT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGE FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS PRODUCT, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow limitations on how long an implied warranty lasts, or exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights, which may vary, from state to state. DISCLAIMER ON ACCURACY THE COMPANY does not guarantee results found by this Software to be 100% accurate. These results are only our Software‘s best guess based on information analyzed at the time of search. This Software does not conduct an extensive search or analysis of all available information on the Internet. The Software only conducts analysis on a small sample of documents to make a guess. One reason why this Software cannot guarantee accurate results is because there are many similar names of people, universities, hospitals, companies, cities, locations and institutions. It is quite possible that two people can have similar foot prints of contact information on the Internet. As such, it is sometimes difficult to distinguish which contact information corresponds to each person. End User will be able to verify data capture for multiple foot prints prior to purchase. If verification step is not taken prior to purchase, THE COMPANY recommends you to verify through alternate channels the validity of data being provided by the Software before using it in any manner. The results found by this Software Service may seem inconsistent for the same search conducted at different times. The Software relies on various search engines and web sites to aggregate information from the Internet. THE COMPANY does not control the data on these search engines and third party web sites. As such, the Software will not be able to guarantee the same results at all points of time. THE COMPANY is constantly innovating in order to provide the best possible experience for you. You acknowledge and agree that the form and nature of the results provided and the user interface will change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that THE COMPANY may stop (permanently or temporarily) supporting the Software (or any features within the Software) at THE COMPANY’s sole discretion, without prior notice to you. You may stop using the Software and Service at any time uninstalling the software. BACKUP OF DATA It is your responsibility to save and/or backup any and all data gathered using this software. THE COMPANY is not responsible for any loss of data that occurs. LIMITATION ON SUIT You agree that any suit or other legal action or any arbitration relating in any way to this Agreement or to the software MUST be officially filed or officially commenced no later than ONE (1) YEAR after the software is received by you. LIMITATION OF LIABILITY IN NO EVENT WILL THE COMPANY OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS, OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A COMPANY REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. THE COMPANY'S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE. GOVERNING LAW AND FORUM - All disputes arising out of, under, or related to this Agreement will be brought exclusively in the state or federal courts located in Mchenry County, Illinois, USA. COMPLETE AGREEMENT This Agreement is the complete software and service license agreement between you and THE COMPANY, and supersedes all prior negotiations, agreements, and understandings concerning its subject matter. The interpretation of this Agreement may not be explained or supplemented by any course of dealing or performance, or by usage of trade. If you have any questions concerning this Agreement, or if you desire to contact THE COMPANY for any reason, please contact in writing. Partnership Graphics Inc. D.B.A Just One Design Inc. Care of ProspectListCreator.com PO Box 2099 Crystal Lake, IL 60012 USA