» version 2.01 - posted on 2010-02-13
EULA - End User License Agreement
FREE USE LICENSE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS.
YOU AGREE THAT ALL OF THE TERMS AND CONDITIONS BELOW APPLY
TO YOU AND ANYONE ELSE WHO USES THIS SOFTWARE, IF EITHER:
· YOU CLICK THE "ACCEPT" BUTTON, OR
· YOU COPY, INSTALL, OR USE THIS COPY OF Twitter Ninja SOFTWARE, OR
· YOU PERMIT OR ENABLE OTHERS TO COPY, INSTALL OR USE THIS
Twitter Ninja SOFTWARE.
IF YOU DO NOT AGREE, PLEASE TERMINATE INSTALLATION
IMMEDIATELY, AND DO NOT USE THIS SOFTWARE.
1. SOFTWARE COVERED BY THIS LICENSE
This license agreement ("Agreement") applies only to the version of
the Twitter Ninja software package ("Twitter Ninja") with which this Agreement is
included by IM Ninja Apps ("IMA").
Different license terms may apply to other software packages or other
materials from IMA, and license terms for later versions of Twitter Ninja may
also be changed.
2. FREE USE LICENSE.
(a) Original Distribution Package Necessary. In order to qualify for
the free use license described below, you must have downloaded or
received Twitter Ninja in the form of an original Twitter Ninja distribution package
as distributed by IMA, including all files contained in such package
("Original Distribution Package"). Current Original Distribution
Packages for Twitter Ninja are available from IMA and IMA-authorized Twitter Ninja
distributors. Copies of Twitter Ninja not received in the form of an
Original Distribution Package are not licensed for use, copying or
transmission by you or others.
(b) You may, free of charge:
· install and use Twitter Ninja free of charge, for managing and automating your Twitter account.
· copy, store, distribute and transmit, free of charge, identical
copies of this Original Distribution Package of Twitter Ninja to others, as
long as it is deemed current by IMA.
"Proper use" of Twitter Ninja is use of the Twitter Ninja program fully in
accordance with IMA guidelines, as such guidelines may be changed,
clarified or corrected by IMA from time to time. If you have any
questions as to proper use of this Twitter Ninja program, you may contact IMA via the contact
information included in this Original Distribution Package.
(c) You may not:
· permit others to use this Twitter Ninja program unless they are properly
licensed by IMA, either under this Agreement or another agreement from
· modify, translate, reverse engineer, decompile, disassemble, or
create derivative works based on, this Twitter Ninja program.
· copy Twitter Ninja except as described above.
· remove any proprietary notices or labels on Twitter Ninja or any other IMA
· use Twitter Ninja in or for High Risk Activities (defined below)
(d) All rights not expressly granted by IMA in this Agreement are
entirely and exclusively reserved to IMA.
4. SUPPORT. Twitter Ninja contains online help files. However, hard-copy
documentation, telephone assistance and other support are not
available under this free license.
5. DISCLAIMER OF WARRANTY. IMA DISCLAIMS ANY AND ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE
AND AGREE THAT YOU HAD FULL OPPORTUNITY TO TEST Twitter Ninja BEFORE ANY
LIVE, PUBLIC OR PRODUCTION USE, THAT YOU ASSUME FULL RESPONSIBILITY
FOR SELECTING AND USING Twitter Ninja AND DISTRIBUTING FILES CREATED THROUGH
USE OF Twitter Ninja, AND THAT IF YOU USE Twitter Ninja IMPROPERLY OR AGAINST
INSTRUCTIONS, YOU CAN CAUSE DAMAGE TO YOUR FILES, SOFTWARE, DATA OR
BUSINESS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF Twitter Ninja
IS BORNE BY YOU. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL
PART OF THE AGREEMENT. Some jurisdictions do not allow exclusions of
an implied warranty, so this disclaimer may not apply to you and you
may have other legal rights that vary by jurisdiction.
6. LIMITATION OF LIABILITY. IN NO EVENT SHALL IMA, OR ITS MEMBERS,
OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR PARENT
ORGANIZATIONS, BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR
PUNITIVE DAMAGES WHATSOEVER RELATING TO THE USE OF Twitter Ninja, FILES
CREATED USING Twitter Ninja, OR YOUR RELATIONSHIP WITH IMA. Some
jurisdictions do not allow exclusion or limitation of liability for
incidental or consequential damages, therefore the above limitation
may not apply to you.
7. RESTRICTED RIGHTS LEGEND. Use, duplication, or disclosure by the
U.S. Government is subject to the restrictions set forth in
subparagraphs (a) through (d) of the Commercial Computer-Restricted
Rights clause at FAR 52.227-19 when applicable, or in subparagraph
(c)(1)(ii) of the Rights in Technical Data and Computer Software
clause at DFARS 252.227-7013, or at 252.211-7015, as applicable, and
in similar clauses in the NASA FAR Supplement.
8. TERMINATION. The license will terminate automatically if you
fail to comply with any of the limitations, conditions or obligations
described herein. On termination, you must destroy all copies of the
Twitter Ninja software and all other materials in this Twitter Ninja Original
Distribution Package and, at IMA''s sole discretion, any or all of the
files created by you using Twitter Ninja and distributed to others.
9. HIGH RISK ACTIVITIES. Twitter Ninja is not fault-tolerant and is not
designed, manufactured or intended for use or resale as on-line
control equipment in hazardous environments requiring fail-safe
performance, such as in the operation of nuclear facilities, aircraft
navigation or communication systems, air traffic control, direct life
support machines, or weapons systems, in which the failure of Twitter Ninja
could lead directly to death, personal injury, or severe physical or
environmental damage ("High Risk Activities"). IMA and its suppliers
specifically disclaim any express or implied warranty of fitness for
High Risk Activities.
10. GENERAL. This Agreement constitutes the entire Agreement between
the parties with respect to the subject matter herein and supersedes
all previous and contemporaneous agreements, proposals and
communications, written or oral between you and IMA. Waiver by IMA of
any violation of any provision of this Agreement shall not be deemed
to waive any further or future violation of the same or any other
provision. This Agreement and any dispute relating to Twitter Ninja or to
this Agreement shall be governed by the laws of India and
the laws of Bombay. You agree and consent that
jurisdiction and proper venue for all claims, actions and proceedings
of any kind relating to IMA or the matters in this Agreement shall be
exclusively in courts located in Washington. If any part or provision
of this Agreement is held to be unenforceable for any purpose,
including but not limited to public policy grounds, then you agree
that the remainder of the Agreement shall be fully enforceable as if
the unenforceable part or provision never existed. There are no third
party beneficiaries of any promises, obligations or representations
made by IMA herein.