End User License Agreement
In this End User License Agreement "KeywordRockstar.com" means Life Help, LLC.
This End User License Agreement is a legal agreement between You and KeywordRockstar.com. Permission to use any KeywordRockstar.com Software, including Keyword Rockstar, is conditional upon you agreeing to the terms set out below. By clicking on the accept button You will be deemed to have accepted this Agreement. By purchasing, downloading, installing, using or otherwise accessing any KeywordRockstar.com Software You are also agreeing to be bound by this Agreement. If You do not agree to all of the terms and conditions of this Agreement then You are not permitted to purchase, download, install or use any KeywordRockstar.com Software.
1. Definitions
Agreement: this End User License Agreement, as may be renewed and/or amended from time to time.
IP Rights: means (i) patents, pending patent applications, designs, trade marks and trade names (whether registered or unregistered), copyright and related rights, database rights, knowhow and confidential information; (ii) all other intellectual property rights and similar or equivalent rights anywhere in the world which currently exist or are recognised in the future; and (iii) applications, extensions and renewals in relation to any such rights.
KeywordRockstar.com Promotional Materials: any and all trademarks, names, signs, logos, banners, and any other materials in whatever form owned and/or used by KeywordRockstar.com for the promotion of its company, its products and activities.
KeywordRockstar.com Software: the software distributed by KeywordRockstar.com for internet marketing research purposes including but not limited to Keyword Rockstar, as well as any future versions, improvements, developments, programming fixes, updates and upgrades.
You: You, the end user of the KeywordRockstar.com Software, either as an individual or an entity, also used in the form "Your" where applicable.
2. License and Restrictions
2.1 License: Subject to the terms and conditions of this Agreement, KeywordRockstar.com hereby grants You a limited, personal, non-exclusive, non-sublicensable, non-assignable, license to download, install and use the KeywordRockstar.com Software on two computers only. KeywordRockstar.com Software may be used for commercial purposes. KeywordRockstar.com may offer a free of charge license to download a particular product from KeywordRockstar.com Software either for a limited or unlimited time, or may charge a license fee.
2.2 License limited to two computers: You will not have KeywordRockstar.com Software installed, accessed, displayed, run, shared or used concurrently on or from more than two different computers, including a workstation, terminal or other device.
2.3 No Granting of Rights to Third Parties: You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the KeywordRockstar.com Software either in part or its entirety.
2.4 No Modifications: You will not undertake, cause, permit or authorise the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the KeywordRockstar.com Software or any part of the KeywordRockstar.com Software except to the extent permitted by law.
2.5 Exclusive Ownership: Any and all IP Rights in the KeywordRockstar.com Software, the KeywordRockstar.com website and any KeywordRockstar.com Promotional Materials are and shall remain the exclusive property of KeywordRockstar.com and/or its licensors. Nothing in this Agreement intends to transfer any such IP Rights to, or to vest any such IP Rights in, You. You are only entitled to the limited use of the IP Rights granted to You in this Agreement. You will not take any action to jeopardize, limit or interfere with KeywordRockstar.com’s IP Rights. Any unauthorized use of KeywordRockstar.com’s IP Rights is a violation of this Agreement as well as a violation of intellectual property laws and treaties, including without limitation copyright laws and trademark laws.
2.6 No Removal of Notices: You agree that You will not remove, obscure, make illegible or alter any notices or indications of the IP Rights and/or KeywordRockstar.com’s rights and ownership, irrespective of how such Notices are included or displayed.
2.7 Use of KeywordRockstar.com Software: You may make use of the KeywordRockstar.com Software provided that:
- You comply with the KeywordRockstar.com Terms of Use at http://www.keywordrockstar.com/terms.php;
- Your use of the KeywordRockstar.com Software is for legitimate purposes only and shall not adversely affect the functionality or performance of the KeywordRockstar.com Software or services provided by KeywordRockstar.com;
- You do not use any internet-based services associated with KeywordRockstar.com Software in any manner that could damage or impair such services or interfere with any other party’s use and enjoyment of them; and
- You do not attempt to gain unauthorized access to any service, account, computer systems or networks associated with the internet-based services associated with KeywordRockstar.com Software.
3. What You should and should not expect from KeywordRockstar.com Software
3.1 No Warranties: installing and using KeywordRockstar.com Software assists You in conducting internet market research using data and information from third parties. KeywordRockstar.com cannot guarantee that You will be able to access data or information from any third party nor that any data or information from any third party can be obtained without disruptions or delays. In addition, KeywordRockstar.com cannot make any guarantees or warranties as to the accuracy of any data or information obtained either from KeywordRockstar.com or any third party, the reliability and the performance of or the suitability of the information provided by the KeywordRockstar.com Software.
3.2 New Versions of KeywordRockstar.com Software: KeywordRockstar.com, in its sole discretion, reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades to the KeywordRockstar.com Software (collectively known as "updates"). All provisions in this Agreement apply to all such updates unless new or additional terms and conditions are expressly provided with an update.
3.3 Suspension: KeywordRockstar.com may, in its sole discretion, modify or discontinue or suspend Your ability to use any version of the KeywordRockstar.com Software, and/or disable any KeywordRockstar.com Software You may have already accessed or installed without notice to You, for the repair, improvement and/or upgrade of the underlying technology or for any other justifiable reason including but not limited to, circumstances where You, at KeywordRockstar.com’s discretion, are in breach of this Agreement, the Terms of Use, creating problems, possible legal liabilities, or engaging in fraudulent, immoral or illegal activities, or for other similar reasons.
4. What we expect from You
4.1 Representations: You represent and warrant that You are authorized to enter into and comply with this Agreement. In addition, you represent and warrant that You will at any and all times meet with Your obligations under this Agreement and the Terms of Use, as well as any and all laws, regulations and policies that may apply to the use of the KeywordRockstar.com Software and/or services.
4.2 Indemnification: You agree to indemnify, defend and hold KeywordRockstar.com and its affiliates harmless from and against any and all liability and costs, including reasonable legal fees incurred by such parties, in connection with or arising out of Your (a) violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced in this Agreement, or (b) violation of any rights of any third party, or (c) use or misuse of the KeywordRockstar.com Software.
5. Termination and Updates
5.1 Termination: Without prejudice to any other rights, KeywordRockstar.com may terminate this Agreement if You do not abide by the terms and conditions of this Agreement. Upon termination, (a) all licenses and rights to the KeywordRockstar.com Software shall immediately terminate; (b) You will immediately cease any and all use of the KeywordRockstar.com Software and services; and (c) You will immediately remove the KeywordRockstar.com Software from all hard drives, networks and other storage media and destroy all copies of the KeywordRockstar.com Software in Your possession or under Your control.
5.2 New Versions: KeywordRockstar.com reserves the right to change this Agreement at any time by publishing the revised Agreement on the KeywordRockstar.com Website. The revised Agreement shall become effective within thirty days of such publication, unless You expressly accept the revised Agreement earlier by clicking on the accept button. Your express acceptance or Your continued use of the KeywordRockstar.com Software after expiry of the thirty day notice period shall constitute Your acceptance to be bound by the terms and conditions of the revised Agreement. You can find the latest version of this Agreement at http://www.keywordrockstar.com/terms.php.
6. Disclaimer of Warranties and Limitation of Liability
6.1 No Warranties: The KeywordRockstar.com Software is provided “as is” with no warranties whatsoever. KeywordRockstar.com does not, either expressed, implied or statutory, make any warranties, claims or representations with respect to the KeywordRockstar.com Software, including without limitation, warranties or conditions of quality, performance, non-infringement, merchantability, or fitness for use for a particular purpose. In addition, KeywordRockstar.com does not represent or warrant that the KeywordRockstar.com Software will always be available, accessible, uninterrupted, timely, secure, accurate, complete and error-free nor does KeywordRockstar.com warrant any connection to or transmission from the internet.
6.2 Your own Risk: You acknowledge and agree that the entire risk arising of Your use of the KeywordRockstar.com Software remains with You, to the maximum extent permitted by law.
6.3 Limitation of Liability: In no event shall KeywordRockstar.com, its affiliates, its licensors or its staff, directors or shareholders be liable, whether in contract, warranty, tort (including negligence), product liability or any other form of liability, for:
6.3.1 Any direct, indirect, incidental, special or consequential damages (including without limitation any loss of or corruption to data, interruption, computer failure or pecuniary loss) arising out of the use or inability to use the KeywordRockstar.com Software;
6.3.2 Any loss of income, business or profits (whether direct or indirect) arising out of the use or inability to use the KeywordRockstar.com Software;
6.3.3 Any loss or damage which may be incurred by you as a result of:
- any claims brought by third parties arising out of Your obtaining or using the KeywordRockstar.com Software;
- any claims brought by third parties arising out of Your using information obtained from the KeywordRockstar.com Software;
- the suspension or termination of this Agreement by You or KeywordRockstar.com for any reason; or
- the release or the decision not to release new versions of the KeywordRockstar.com Software to You
irrespective of whether or not KeywordRockstar.com, its affiliates, its licensors, its staff, directors or shareholders have been advised of the possibility of such losses or damages arising.
6.4 Nothing in this Agreement is intended to exclude or restrict the liability of KeywordRockstar.com for (i) the death or personal injury caused by the negligence of KeywordRockstar.com, its staff or agents, or (ii) any liability which cannot be limited or excluded by law.
6.5 Jurisdiction’s Limitations: As some jurisdictions do not allow certain exclusions or limitations by statutory instrument, the liability will be limited to the extent possible within the applicable legislation. To the fullest extent permitted by law, KeywordRockstar.com’s liability for breach of any implied warranty or condition which cannot be excluded or limited is limited to the amount paid by you to KeywordRockstar.com for the KeywordRockstar.com Software out of which liability arose.
7. Miscellaneous
7.1 Entire Agreement: This Agreement constitutes the entire agreement between You and KeywordRockstar.com with respect to the subject matter and will supersede and replace all prior understandings and agreements, in whatever form, relating to the subject matter.
7.2 Partial invalidity: If any provision of this Agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the terms in this Agreement which will continue in full force and effect.
7.3 No waiver: The failure to exercise, or delay in exercising, a right, power or remedy provided to KeywordRockstar.com by this Agreement or by law shall not constitute a waiver of that right, power or remedy. If KeywordRockstar.com waives a breach of any provision of this Agreement this shall not operate as a waiver of a subsequent breach of that provision, or as a waiver of a breach of any other provision.
7.4 Applicable Law and Competent Court: This Agreement shall be governed by and interpreted in accordance with the laws of the State of Georgia, United States and shall be subject to the jurisdiction of the courts of Hall County, Georgia, United States.
7.5 Survival: The terms of sections 2.5, 5 and 6 of this Agreement shall survive termination of this Agreement.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS CONTAINED WITHIN THIS AGREEMENT. BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO INSTALL THE KEYWORDROCKSTAR.COM SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO KEYWORDROCKSTAR.COM ALL RIGHTS CONTAINED WITHIN THIS AGREEMENT.