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  The Pro@utoReply Autoresponder Follow-up System  The All New Pro@utoReply Autoresponder Follow-up System
 
Terms
This agreement is between the purchaser ("PURCHASER") of the Pro@utoReply Autoresponder ("SOFTWARE") and the owner of Proautoreply.com website ("SELLER"). By purchasing this SOFTWARE, the PURCHASER acknowledges to have read, understood and agree to be bound by the the terms and conditions of this Agreement.

1. General
You agree that the SELLER may modify this agreement from time to time. The SELLER may also discontinue providing the SOFTWARE and/or any other services it provides at any time. You agree to be bound by any changes that the SELLER makeS to this agreement when such changes become effective.

The PURCHASER agrees that the SELLER shall not be bound by any representations made by third parties who the PURCHASER may use to purchase the SOFTWARE or any other services from the SELLER, and that any statements of a general nature, which may be posted on the SELLER'S web site or be contained in the SELLER'S promotional materials, will not bind the SELLER. Further, the PURCHASER undstands that any representation of income potential, success and the kind, are for illustrative purposes only and that the PURCHASER'S own success may differ substantially from the results depicted.

2. Licenses
Standard License/Standard License w/Installation The purchase of a "Standard License" entitles the PURCHASER to install one copy of the the SOFTWARE for use on one website/URL.

The PURCHASER of the "Standard License" MAY NOT sell, copy, rent, distribute in whole or in part, transfer, assign or otherwise make the SOFTWARE available to others.

3. Installation
Under the terms of the "special offer" currently in effect, installation of the SOFTWARE is included with the purchase of the SOFTWARE.

The PURCHASER agrees to provide to the SELLER the following information required to install the SOFTWARE:
A)Ftp Username/Password
B)Server Username/Password (if different)
C)Sendmail path (i.e. usr/sbin/sendmail)
D)Mailbox location for incoming subscriber email
   (i.e home/user/mail/domain.com/mailbox-name/inbox)

The installation of the SOFTWARE is limited to the following:
A)Configure scripts to work on the PURCHASER'S server
B)Install scripts
C)Create a cron to automate follow-up sending
D)Create a "test" autoresponder account
E)Create a html form sign up page
F)Create a html sign up "thank you" page

4. Refunds
It is the PURCHASER'S responsibilty to make sure that the requirements for the use of the SOFTWARE are met. Payments for Licenses are non-refundable.

The SELLER, at the SELLER'S option, may refund any amount paid by the PURCHASER for the SOFTWARE prior to the delivery of the SOFTWARE.

5. Upgrades/Support
Under the terms of the "special offer" currently in effect, the PURCHASER is entitled to FREE lifetime upgrades of any version the SOFTWARE that the SELLER creates with support for such versions.

Any such updates to the SOFTWARE provided to the PURCHASER shall be governed by the terms of the SELLER's "Terms of Agreement" then in effect.

6. Customer Communication
The SELLER from time to time, may send email communications to the PURCHASER. These communications may be in the form of product updates, new products and/or various other products that may be of interest to the SELLER. The PURCHASER may choose to "opt-out" of any email communications by notifying the SELLER by sending an email to the SELLER at an email address stated on the SELLER'S website or that may be indicated in any such communication.

The SELLER may without limitation utizilize ANY communication received from the PURCHASER as the SELLER chooses without notice, authorization or compensation to or from the PURCHASER.

7. Security/Privacy
All PURCHASER information is maintained on the SELLER'S server and only available to those with a "need to know" basis.

Except as set forth herein, all information related to the PURCHASER'S transaction(s) with the SELLER shall remain confidential. The SELLER will not sell, barter, trade or make available such information without prior consent from the PURCHASER. This policy excludes making such information available under the following conditions:
A)When a request is made as part of law enforcement or judicial proceeding
B)When a request is made in conjunction with any unlawful activity, fraud, spam complaint, etc
C)When such information is part of a sale or transfer of business assets
D)When such information is exchanged with affiliated companies

8. Limitation ON Liability
THE PURCHASER ASSUMES ALL RISK AS TO THE SUITABILITY, QUALITY, AND PERFORMANCE OF THE SOFTWARE. IN NO EVENT SHALL THE SELLER, ITS AGENTS, CONTRACTORS OR AFFILIATES, BE LIABLE TO THE PURCHASER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR ACCOMPANYING WRITTEN MATERIALS, EVEN IF THE SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The PURCHASER agreeS that the SELLER's sole liability to the PURCHASER under this agreement, and the PURCHASER'S sole remedy, in connection with the SOFTWARE or other any service provided by the SELLER to the PURCHASER under this agreement, and for any breach of this agreement by the SELLER, shall be limited to the fees the PURCHASER paid to the SELLER for the SOFTWARE or any other service.

IF THE PURCHASER RESIDES IN A STATE WHICH DOES NOT PERMIT THE LIMITATION OF ELIMINATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, THEN THE PURCHASER AGREES THAT THE SELLER'S LIABILITY SHALL BE LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW.

THE SELLER DISCLAIMS ANY LOSS OR LIABILITY RESULTING FROM:
A)Access delays or interruptions to our web site or our payment processor
B)Delayed or non-delivery of the SOFTWARE or any other service provided by the SELLER
C)Errors, omissions or misstatements
D)Deletion of, failure to store, or failure to process or act upon email messages
E)Events beyond our control (i.e. acts of God)
F)The installation of the SOFTWARE by the SELLER on the PURCHASER'S web site

9. REPRESENTATIONS, WARRANTIES AND RESERVATION OF RIGHTS
The PURCHASER warrants that all information provided by the PURCHASER as part of the PURCHASER's purchase of the SOFTWARE or any other service provided by the SELLER is complete, accurate and being done in good faith.

The PURCHASER agrees that the SELLER makes no representations or warranties oF any kind in connection with the PURCHASER's purchase of the SOFTWARE or any other services provided by the SELLER.

The SELLER expressly reserves the right to refuse to sale or discontinue the sale of the SOFTWARE or any other service the SELLER provides; to discontinue any special offers; or to refuse to provide updates of or support for the SOFTWARE as the SELLER deems necessary at the SELLER'S discretion.

10. DISCLAIMER OF WARRANTIES
THE SELLER EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE SELLER MAKES NO WARRANTY THAT THE SOFTWARE OR ANY OTHER SERVICES PROVIDED BY THE SELLER WILL MEET THE PURCHASER's REQUIREMENTS, OR THAT THE SOFTWARE OR ANY OTHER SERVICE PROVIDED BY THE SELLER TO BE FREE OF DEFECTS AND THAT ANY SUCH DEFECTS WILL BE CORRECTED. THE SELLER DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, THE SOFTWARE OR ANY OTHER SERVICE PROVIDED BY THE SELLER, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

11. VENUE, WAIVER OF TRIAL BY JURY
THIS AGREEMENT SHALL BE DEEMED ENTERED INTO IN THE STATE OF OHIO. THE LAWS AND JUDICIAL DECISIONS OF CUYAHOGA COUNTY, OHIO, SHALL BE USED TO DETERMINE THE VALIDITY, CONSTRUCTION, INTERPRETATION AND LEGAL EFFECT OF THIS AGREEMENT. YOU AGREE THAT ANY ACTION RELATING TO OR ARISING OUT OF THIS AGREEMENT, SHALL BE BROUGHT IN THE COURTS OF CUYAHOGOA COUNTY, OHIO.

YOU AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY IN ANY PROCEEDING THAT TAKES PLACE RELATING TO OR ARISING OUT OF THIS AGREEMENT.

12. SEVERABILITY, ENTIRETY
This Agreement constitutes the entire agreement between the parties with respect to the subject matter herein, and all prior proposals, agreements, representations, statements and undertakings are hereby expressly cancelled and superseded. This Agreement may be changed, modified or amended at any time. Any such changes, modifications or admendments will be posted on this web site.
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