By downloading, installing and/or using Helium Scraper ("Software"), you agree that this End User User License Agreement (EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
Unless you have a different license agreement signed by Juan Luis Soldi Perez del Solar ("Juan Soldi") your use of Helium Scraper indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, Juan Soldi grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use Helium Scraper in accordance with this Agreement and any other written agreement with Juan Soldi. Juan Soldi does not transfer the title of Helium Scraper to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Juan Soldi and the purchasers or users of Helium Scraper.
If you do not agree to be bound by this agreement, remove Helium Scraper from your computer now and, if applicable, promptly return to Juan Soldi by mail any copies of Helium Scraper and related documentation and packaging in your possession.
Helium Scraper and the license herein granted shall not be re-sold, offered for re-sale, transferred or sub-licensed in whole or in part. For information about redistribution of Helium Scraper contact Juan Soldi.
3. USER AGREEMENT
The number of users allowed to use Helium Scraper is limited to the number specified in the License Package purchased by you. You shall not allow any more users than the number specified in the License Package to use, copy or evaluate copies of Helium Scraper.
3.2 Use Restrictions
You shall use Helium Scraper in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of Helium Scraper together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.
Each user of Helium Scraper may use it on up to two computer locations. Use of Helium Scraper means that you have loaded, installed, or run Helium Scraper on a computer or similar device. If you install Helium Scraper onto a multi-user platform, server or network, the number of users allowed to use it is limited to the number specified in the License Package you have purchased.
The assignment, sublicense, networking, sale, or distribution of copies of Helium Scraper are strictly forbidden without the prior written consent of Juan Soldi. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of Helium Scraper. If any more than the number of users specified in the License Package uses Helium Scraper registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation.
3.3 Copyright Restriction
This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile Helium Scraper. Nor can you create any derivative works or other works that are based upon or derived from Helium Scraper in whole or in part.
Helium Scraper's name, logo and graphics files that represents Helium Scraper shall not be used in any way to promote products developed with Helium Scraper. Juan Soldi retains sole and exclusive ownership of all right, title and interest in and to Helium Scraper and all Intellectual Property rights relating thereto. Copyright law and international copyright treaty provisions protect all parts of Helium Scraper, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the user program. All rights not expressly granted hereunder are reserved for Juan Soldi.
3.4 Limitation of Responsibility
You will indemnify, hold harmless, and defend Juan Soldi, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Juan Soldi's Software.
In no event (including, without limitation, in the event of negligence) will Juan Soldi, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, Helium Scraper or the use or inability to use Helium Scraper or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
Except as expressly stated in writing, Juan Soldi makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
3.6 Governing Law
This Agreement shall be governed by the law of the United States applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of United States therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of Helium Scraper and destroy all copies of Helium Scraper supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
4. DISCLAIMER OF WARRANTY
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY Helium Scraper AS WELL.