Agreement Essay, Research Paper

“This is necessary, this is necessary, life feeds on life, feeds on life feeds on life…”

-TOOL, the greatest band on the face of the earth

By clicking agree, you verify the following:

1) You are not a government official.

2) You are only downloading files that you have registered copies of.

3) Anything illegal that you do while on this site has no connection to this site or the proprietor thereof.

4) You will read the DISCLAIMER.

5) You will not enter this server to hack it, nor for any other illegal reasion.

6) You have read all and agree to all of the above statements.

7) You are over 18.

DISCLAIMER:

- This server is for backup purposes only, the administrator and all related to the maintenance and support of this system take no resposibilty for the contents, as well as use of same.

ALL USERS OF THIS SERVER MUST COMPLY WITH THE AGREEMENT IN ORDER TO DOWNLOAD. Note: This server is for archival purposes only. In concordance with the NET act of 1997, registered users of this server are permitted to back-up ONE copy of each legally purchased software title, which they are entitled to retrieve at a later date. To the knowledge of the server’s administrators, all users will comply with this specification. In the event that a registered user is proven to violate this stipulation, the server administration will relieve the user of all server privileges, and will likewise cooperate with the appropriate authorities if called upon to do so.

SERVER END-USER LICENSE AGREEMENT

Please read this document carefully before proceeding. This Agreement licenses connecting to or “logging in” to this Server and contains warranty and liability disclaimers. By selecting the “Agree” button, you are confirming your acceptance of the Server use license and agree to become bound by the terms of this Agreement. If you do not wish to do so, select the “Disagree” button and do not browse through the items contained on this Server, do not interact with any other users of this server in any way shape or form, and do not post or read any text in the news discussion forum.

- LICENSE

This Agreement allows you to:

(a) Download to and Upload from the Server completely free provided your connection(s) and presence on the Server is deemed “Worthy”.

(b) Transfer Software in machine-readable form solely for backup purposes only if you have purchased a legitimate copy of the respective Software and agreed in full, to its own manufacturer’s/producer’s form of an end-user license agreement. You must reproduce on any such copy all copyright notices and any other proprietary legends found on the original.

(c) Make copies of the End-User Product and distribute those copies for use by others.

(d) Certain rights are not granted under this Agreement, but may be available under a separate agreement. If you would like to enter into a Site or Network License, please contact the manufacturer or producer of the Software in question.

3. RESTRICTIONS

(a) You may not make or distribute copies of the Software, or electronically transfer the Software from one computer to another or over a network. You may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. You may not modify, rent, resell for profit, distribute or create derivative works based upon the Software or any part thereof. You will not export or re-export, directly or indirectly, the Software into any country prohibited by the United States Export Administration Act and the regulations thereunder.

(b) You understand that all forms of transfer to and from the Server are a free service and not a right and you may not complain or threaten any Administrator(s) or User(s) of the server whether or not you are connected to the server.

(c) You may not bring charges, fines, accusations, and/or arrests in any way shape or form towards or against the Administrator(s) and/or owners of this server.

(d) If by some unexplainable or explainable reason or act of masochism, you disobey the restriction set forth by the “(c)” clause of the “RESTRICTIONS” item of the foregoing license, you may not (if you, an agent of yours, or another third party you inform of the Server who chooses to take action against the owner of the Server) avoid/circumvent paying any and all damages levied against the owner of the Server resulting for any form of legal action, which may include, but is not limited by, legal fees, legal fines and penalties, incarceration time, and any other such penalties.

(e) You may not avoid/circumvent paying twice the monetary amount of the total of all money spent in clause “(d)” to the Head Administrator of the Server

4. OWNERSHIP

The foregoing license gives you limited rights to use the Software. You do not become the owner of, and the Software’s manufacturer or producer retains title to, the Software, and all copies thereof. The Server reserves all rights not specifically granted in this Agreement, including Federal and International Copyrights.

5. DISCLAIMER OF WARRANTIES AND OF TECHNICAL SUPPORT:

The Software is provided to you free of charge, and on an “AS IS” basis, without any technical support or warranty of any kind from the Server and the Administrator(s) including, without limitation, a warranty of merchantability, fitness for a particular purpose and non-infringement. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. These limitations or exclusions of warranties and liability do not affect or prejudice the statutory rights of a consumer; i.e., a person acquiring goods otherwise than in the course of a business.

6. LIMITATION OF DAMAGES:

THE SERVER AND THE ADMINISTRATOR (S) SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF THE SERVER AND THE ADMINISTRATOR (S) OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. The limited warranty, exclusive remedies and limited liability set forth above are fundamental elements of the basis of the bargain between the Server, the Administrator(s), and you. You agree that Server and the Administrator would not be able to provide the Software on a perfectly non-economic basis without such limitations.

7. LOCAL, STATE, AND FEDERAL GOVERNMENT END USERS (USA & CANADA included):

Use, duplication, or disclosure by the U.S. Government is subject to all restrictions as set forth in this Agreement.

8. GENERAL:

- This Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written.

- The MP3’s on this server must be deleted after 24 hours unless you own the CD they came from. Keeping MP3’s for any longer amount of time is illegal and not the responsibility of the admin of this server. You are taking matters into your own hands and will be solely responsible for any negative consequences of your actions.

The Admin, LordHaVoK