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*30-DAY
MONEY BACK GUARANTEE ON
SHARK BAIT SOFTWARE
|
The best way to evaluate our software is to try
it for yourself . . . for 30 days!
Normally,
there are no refunds for software. However, we're so confident
that once you've used our software, there's no way you'll
ever want to give it up! But, if for any reason, within
30 days of your first purchase of any CRS Data Solutions
software product, you decide you are not completely satisfied
with the value, and you do not want to keep the product,
we will refund 80% of your money as provided under this
30 Day Money Back Guarantee!*
All
refund requests must be made within 30 days of the date
of purchase, by email sent to service@sharkbaitsoftware.com,
or in writing by U.S. Mail postmarked within 30 days of
the date of purchase and sent to the address listed below..**
We will promptly refund your money upon confirmation that
the software has been removed from your computer system
utilizing our Uninstall Program.***
*
This 30 Day Money Back Guarantee is limited to your first,
or original purchase of Shark Bait software. Subsequent
purchases of any of our software products, or services,
shall not be eligible for this 30 Day Money Back Guarantee.
Purchase of additional software license(s), or any purchase
of an upgraded version(s) of the same software program(s),
and Propvest Gold are not eligible for this 30 Day Money
Back Guarantee.
** The
Refund Agreement must be completed in full by the purchaser,
personally signed, and an original copy returned to CRS
Data Solutions by e-mail or regular U.S. Mail, postmarked
within 30 days of the date of purchase.
***The
Uninstall Program will permanently disable the ability
to operate our software on any computer it has been uninstalled
on.
CRS
Software License Agreement
Read
This Entire Agreement Before Downloading The Shark Bait
Software. SHARK BAIT END USER LICENSE AGREEMENT REDISTRIBUTION
NOT PERMITTED
PART
I -- TERMS APPLICABLE WHEN LICENSE FEES ARE PAID
GRANT.
Subject to payment of applicable license fees included
with the purchase of the SHARK BAIT foreclosure software,
CRS Data Solutions grants to you a non-exclusive license
to use the Software and accompanying documentation ("Documentation")
in the manner described in Part II below under "Scope
of Grant."
LIMITED
WARRANTY.
CRS
Data Solutions warrants that for a period of ninety (90)
days from the date of acquisition, the Software, if operated
as directed, will substantially achieve the functionality
described in the Documentation. CRS Data Solutions does
not warrant, however, that your use of the Software will
be uninterrupted or that the operation of the Software
will be error-free or secure. In addition, the security
mechanisms implemented by CRS Data Solutions software
have inherent limitations, and you must determine that
the Software sufficiently meets your requirements. CRS
Data Solutions also warrants that the media containing
the Software, if provided by CRS Data Solutions, is free
from defects in material and workmanship and will so remain
for ninety (90) days from the date you acquired the Software.
CRS Data Solutions's sole liability for any breach of
this warranty shall be, in CRS Data Solutions's sole discretion:
(i) to replace your defective media; or (ii) to advise
you how to achieve substantially the same functionality
with the Software as described in the Documentation through
a procedure different from that set forth in the Documentation;
or (iii) if the above remedies are impracticable, to refund
the purchase and license fee you paid for the Software.
Repaired, corrected, or replaced Software and Documentation
shall be covered by this limited warranty for the period
remaining under the warranty that covered the original
Software, or if longer, for thirty (30) days after the
date (a) of shipment to you of the repaired or replaced
Software, or (b) CRS Data Solutions advised you how to
operate the Software so as to achieve the functionality
described in the Documentation. Only if you inform CRS
Data Solutions of your problem with the Software during
the applicable warranty period and provide evidence of
the date you purchased a license to the Software will
CRS Data Solutions be obligated to honor this warranty.
CRS Data Solutions will use reasonable commercial efforts
to repair, replace, advise or, for individual consumers,
refund pursuant to the foregoing warranty within 30 days
of being so notified.
THIS
IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE
BY CRS DATA SOLUTIONS. CRS DATA SOLUTIONS MAKES NO OTHER
EXPRESS WARRANTY AND NO WARRANTY OF NONINFRINGEMENT OF
THIRD PARTIES' RIGHTS. THE DURATION OF IMPLIED WARRANTIES,
INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY
AND OF FITNESS FOR A PARTICULAR PURPOSE, IS LIMITED TO
THE ABOVE LIMITED WARRANTY PERIOD; SOME JURISDICTIONS
DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY
LASTS, SO LIMITATIONS MAY NOT APPLY TO YOU. NO CRS DATA
SOLUTIONS DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO
MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS
WARRANTY. If any modifications are made to the Software
by you during the warranty period; if the media is subjected
to accident, abuse, or improper use; or if you violate
the terms of this Agreement, then this warranty shall
immediately be terminated. This warranty shall not apply
if the Software is used on or in conjunction with hardware
or software other than the unmodified version of hardware
and software with which the software was designed to be
used as described in the Documentation. THIS WARRANTY
GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER
LEGAL RIGHTS THAT VARY BY JURISDICTION.
PART
II -- TERMS APPLICABLE TO THE LICENSE GRANT
SCOPE
OF GRANT.
You
may: * use the Software on any single computer; and *
copy the Software for archival purposes, provided any
copy must contain all of the original Software's proprietary
notices.
You
may not: * permit other individuals to use the Software;
* modify, translate, reverse engineer, decompile, disassemble
(except to the extent applicable laws specifically prohibit
such restriction), or create derivative works based on
the Software; * copy the Software other than as specified
above; * rent, lease, grant a security interest in, or
otherwise transfer rights to the Software; or * remove
any proprietary notices or labels on the Software.
TITLE.
Title,
ownership rights, and intellectual property rights in
the Software shall remain in CRS Data Solutions and/or
its suppliers. The Software is protected by the copyright
laws and treaties. Title and related rights in the content
accessed through the Software is the property of the applicable
content owner and may be protected by applicable law.
This License gives you no rights to such content.
TERMINATION.
The
license will terminate automatically if you fail to comply
with the limitations described herein. On termination,
you must destroy all copies of the Software and Documentation.
EXPORT
CONTROLS.
None
of the Software or underlying information or technology
may be downloaded or otherwise exported or reexported
(i) into (or to a national or resident of) Cuba, Iraq,
Libya, Yugoslavia, North Korea, Iran, Syria or any other
country to which the U.S. has embargoed goods; or (ii)
to anyone on the U.S. Treasury Department's list of Specially
Designated Nationals or the U.S. Commerce Department's
Table of Denial Orders. By downloading or using the Software,
you are agreeing to the foregoing and you are representing
and warranting that you are not located in, under the
control of, or a national or resident of any such country
or on any such list.
In
addition, if the licensed Software is identified as a
not-for-export product (for example, on the box, media
or in the installation process), then the following applies:
EXCEPT FOR EXPORT TO CANADA FOR USE IN CANADA BY CANADIAN
CITIZENS, THE SOFTWARE AND ANY UNDERLYING TECHNOLOGY MAY
NOT BE EXPORTED OUTSIDE THE UNITED STATES OR TO ANY FOREIGN
ENTITY OR "FOREIGN PERSON" AS DEFINED BY U.S.
GOVERNMENT REGULATIONS, INCLUDING WITHOUT LIMITATION,
ANYONE WHO IS NOT A CITIZEN, NATIONAL OR LAWFUL PERMANENT
RESIDENT OF THE UNITED STATES. BY DOWNLOADING OR USING
THE SOFTWARE, YOU ARE AGREEING TO THE FOREGOING AND YOU
ARE WARRANTING THAT YOU ARE NOT A "FOREIGN PERSON"
OR UNDER THE CONTROL OF A FOREIGN PERSON.
LIMITATION
OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL CRS DATA SOLUTIONS
OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY
OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE,
COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL CRS DATA
SOLUTIONS BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT
CRS DATA SOLUTIONS RECEIVED FROM YOU FOR A LICENSE TO
THE SOFTWARE, EVEN IF CRS DATA SOLUTIONS SHALL HAVE BEEN
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY
CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY
SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
HIGH
RISK ACTIVITIES.
The
Software 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 the Software could lead directly to death,
personal injury, or severe physical or environmental damage
("High Risk Activities"). CRS Data Solutions
and its suppliers specifically disclaim any express or
implied warranty of fitness for High Risk Activities.
MISCELLANEOUS.
If
the copy of the Software you received was accompanied
by a printed or other form of "hard-copy" End
User License Agreement whose terms vary from this Agreement,
then the hard-copy End User License Agreement governs
your use of the Software. This Agreement represents the
complete agreement concerning this license and may amended
only by a writing executed by both parties. THE ACCEPTANCE
OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE
CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN,
AND NOT THOSE IN YOUR PURCHASE ORDER. If any provision
of this Agreement is held to be unenforceable, such provision
shall be reformed only to the extent necessary to make
it enforceable. This Agreement shall be governed by California
law (except for conflict of law provisions). The application
the United Nations Convention of Contracts for the International
Sale of Goods is expressly excluded.
U.S.
GOVERNMENT RESTRICTED RIGHTS. Use, duplication or disclosure
by the Government is subject to 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, or to CRS Data Solution's standard commercial
license, as applicable, and in similar clauses in the
NASA FAR Supplement. Contractor/manufacturer is CRS Data
Solutions, P.O.
Box 84605 , San Diego, CA 92138-4605. |