Creative Bear Tech Software - End User License Agreement
Creative Bear Tech Software - End User License Agreement
Important: Prior to download, installation, copy or use please read the below terms of the product application.
THIS END USER LICENSE AGREEMENT APPLIES TO ALL CREATIVE BEAR SOFTWARE INCLUDING, BUT NOT LIMITED TO, CBT WEB SCRAPER AND EMAIL EXTRACTOR (ALSO KNOWN AS SEARCH ENGINE SCRAPER AND EMAIL EXTRACTOR BY CREATIVE BEAR TECH) AND CBT MASS EMAIL SENDER.
IMPORTANT TERMS: PLEASE READ CAREFULLY BEFORE MAKING A PURCHASE.
SMTP BULK EMAIL SERVICE TERMS AND CONDITIONS
THIS PROVISION REFERS TO SMTP BULK EMAIL SERVICE. UPON MAKING YOUR PURCHASE, A NOTEPAD FILE CONTAINING FORMATTED EMAIL ACCOUNTS WILL BE EMAILED TO YOUR EMAIL WHICH YOU HAVE USED FOR REGISTERING ON OUR WEBSITE OR MAKING THE PURCHASE. THIS PRODUCT IS INTENDED TO BE USED EXCLUSIVELY WITH THE CBT MASS EMAIL SENDER SOFTWARE. EMAILS WILL COME FROM DIFFERENT DOMAINS AND EMAIL PROVIDERS. WE HAVE NO CONTROL OVER THESE SMTP SERVERS AND CANNOT GUARANTEE EMAIL DELIVERABILITY AND SERVICE AVAILABILITY. WE CANNOT GUARANTEE THE DURATION FOR WHICH THESE EMAIL ACCOUNTS WILL STAY ALIVE. THIS DEPENDS ON HOW YOU USE THESE EMAILS. WE ARE PROVIDING YOU WITH WORKING EMAIL ACCOUNTS WHICH MEANS THAT YOU CAN LOGIN AND SEND OUT EMAILS VIA A WEBMAIL.
IT IS YOUR RESPONSIBILITY TO LEARN HOW TO USE THE SOFTWARE. WE PROVIDE VERY DETAILED GUIDES AND VIDEOS. PLEASE READ THEM BEFOREHAND AND DECIDE WHETHER YOUR KNOWLEDGE WILL ENABLE YOU TO RUN THE SOFTWARE.
WE DO NOT PROVIDE TUTORIALS OR PRIVATE ONE-TO-ONE SESSIONS. WE MAY ASSIST YOU ONLY AT OUR DISCRETION. IT IS YOUR SOLE RESPONSIBILITY TO LEARN HOW TO USE THE SOFTWARE.
WE WILL ONLY ASSIST WHERE THERE IS A BUG OR AN ELEMENT OF THE SOFTWARE NOT WORKING BY RELEASING A SOFTWARE UPDATE.
OUR SOFTWARE RUNS WITH EXTERNAL SERVICES AND SOFTWARE. WE ARE NOT DEVELOPERS FOR THESE SOFTWARE AND WE WILL NOT BE ABLE TO ASSIST YOU. PLEASE CONTACT THE ORIGINAL DEVELOPERS OF THOSE SOFTWARE.
THE RESULTS THAT YOU WILL GET FROM USING OUR SOFTWARE WILL VARY. WE DO NOT MAKE ANY REPRESENTATIONS AS TO THE SUCCESS RATE YOU ARE GOING TO GET.
WE DO NOT ISSUE REFUNDS AS IT IS A DIGITAL PRODUCT. PLEASE READ OUR GUIDES, WATCH OUR VIDEOS AND DECIDE WHETHER THE SOFTWARE IS FOR YOU. IN THE EVENT THAT YOU BUY THE SOFTWARE, USE IT AND THEN DECIDE THAT IT IS NOT FOR YOU, WE WILL NOT ISSUE YOU WITH A REFUND.
YOU UNDERSTAND AND AGREE THAT FROM TIME TO TIME, THE SOFTWARE WILL REQUIRE UPDATING TO REFLECT THE LATEST CHANGES IN OTHER WEBSITES THAT THE SOFTWARE IS RELIANT ON. WE WILL MAKE THE RELEVANT UPDATES TO OUR SOFTWARE AND MAKE THE UPDATE AVAILABLE TO YOU AS SOON AS PRACTICABLY POSSIBLE. YOU AGREE TO WAIT FOR AN UPDATE PATIENTLY.
THE SOFTWARE WILL BE AVAILABLE TO YOU FOR THE LIFETIME OF THE SOFTWARE. YOU UNDERSTAND THAT IN THE EVENT THAT THE SOFTWARE IS DISCONTINUED, YOU WILL NOT BE ENTITLED TO A REFUND. OUR SOFTWARE HAS BEEN ON THE MARKET FOR A SUBSTANTIAL PERIOD OF TIME AND IS TRUSTED BY MANY REPUTABLE BUSINESSES AND WE HAVE NO INTENTION TO DISCONTINUE THE SOFTWARE ANY TIME SOON.
ONE LICENCE KEY WILL ENTITLE YOU TO USE ONE COPY OF THE SOFTWARE ON A SINGLE MACHINE AT ANY ONE TIME. TO USE THE SOFTWARE ON ANOTHER MACHINE, YOU WILL NEED TO PURCHASE AN ADDITIONAL LICENCE.
YOUR LICENCE KEY WILL BE EMAILED TO YOU WITHIN 48 HOURS OF PURCHASE.
This End User License Agreement is a legal agreement between "you" (either an individual or a single entity) and Florere Capital Limited t/a creativebeartech.com as the "developer" of the software product identified above, which includes computer software (executable code) and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT").
By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this End-User License Agreement. If you do not agree to the terms of this End-User License Agreement, do not download, install, store, copy or use any part of the SOFTWARE PRODUCT.
Important: For any questions, problems, issues about the SOFTWARE PRODUCT, you should contact directly the developer, regardless of your reseller or supplier of any printed or associated material of the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT and any associated documents, images, webpage contents are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
THIS IS NOT A PURCHASE CONTRACT BUT AN AGREEMENT ON THE RIGHTS OF THE END USER.
The SOFTWARE PRODUCT is licensed, not sold: you do not own this software.
The latest EULA is available from the webpage of this application.
It can be changed any time by the developer without any prior notice.
IMPORTANT: PLEASE READ CAREFULLY
SOME SOFTWARE WILL ONLY WORK WITH CERTAIN E-COMMERCE PLATFORMS. PLEASE ENSURE THAT YOU READ THE PRODUCT DESCRIPTIONS CAREFULLY.
OUR SOFTWARE IS ONLY COMPATIBLE WITH MICROSOFT WINDOWS. IF YOU EXPERIENCE ANY ISSUES WITH THE SOFTWARE, PLEASE CONTACT US AND WE WILL PASS ON YOUR MESSAGE TO OUR DEVELOPERS.
IT IS YOUR RESPONSIBILITY TO LEARN HOW TO USE THE SOFTWARE PROPERLY. WE HAVE PROVIDED MANY GUIDES AND TUTORIALS WITH OUR RECOMMENDED BEST PRACTICES TO GET THE MOST OUT OF YOUR SOFTWARE.
SOMETIMES, THE SOFTWARE MAY NOT WORK BECAUSE YOUR SYSTEM IS NOT CONFIGURED PROPERLY (MISSING DRIVERS OR EXTENSIONS). IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOUR SYSTEM IS FULLY OPERATIONAL TO RUN OUR SOFTWARE.
IN SOME CASES, THE SOFTWARE MAY NOT RUN PROPERLY DUE TO BAD PROXIES. PLEASE ENSURE THAT YOU TEST YOUR PROXIES PROPERLY BEFORE REPORTING AN ISSUE TO US.
SOME OF OUR SOFTWARE IS MADE TO WORK WITH SPECIFIC WEBSITES OR E-COMMERCE PLATFORMS. WE DO NOT REPRESENT NOR ACT ON BEHALF OF THESE ENTITIES. OUR SOFTWARE IS SIMPLY MADE TO WORK WITH THOSE PLATFORMS. IT IS ENTIRELY UP TO YOU TO ENSURE YOUR FULL COMPLIANCE WITH THE EXTERNAL WEBSITES.
UPON PURCHASE, YOUR SOFTWARE WILL BE MADE AVAILABLE FOR DOWNLOAD. PLEASE CHECK YOUR EMAIL FOR THE DOWNLOAD LINK. YOUR SOFTWARE FILE AND LICENCE KEY WILL BE MADE AVAILABLE TO YOU IN THE MEMBERS AREA. YOU WILL RECEIVE ALL THE FUTURE UPDATES TO YOUR MEMEBERS AREA. ALONG WITH YOUR PURCHASE, YOU WILL RECEIVE A LICENCE KEY FOR YOUR SOFTWARE. IN THE EVENT THAT YOU DO NOT RECEIVE AN INSTANT LICENCE KEY, PLEASE CONTACT US WITH YOUR EMAIL ADDRESS AND THE PURCHASE METHOD USED. WE WILL ISSUE YOU WILL A LICENCE KEY MANUALLY.
YOU MAY ONLY RUN ONE COPY OF THIS SOFTWARE ON A SINGLE COMPUTER AT ANY SINGLE TIME. OUR SYSTEMS WILL DETECT IF YOU ARE RUNNING MULTIPLE COPIES AND YOUR LICENCE MAY BE TERMINATED WITHOUT PROVIDING YOU WITH ANY REASON. YOUR LICENCE KEY WILL BE TIED TO YOUR MAC ID. PLEASE THEREFORE INSTALL THE SOFTWARE ON A PERMANENT COMPUTER. TO CHANGE YOUR MAC ID, WE WILL CHARGE YOU A £50 ADMIN FEE.
YOU ARE STRICTLY PROHIBITED FROM SHARING THIS SOFTWARE WITH ANYONE. OUR SYSTEMS WILL DETECT AND BLACKLIST YOUR LICENSE KEY IF IT IS RUN ON MULTIPLE MACHINES AS YOUR SOFTWARE IS TIED TO YOUR LICENCE KEY.
YOU ARE STRICTLY PROHIBITED FOR USING THIS SOFTWARE FOR SPAM OR ILLEGAL PURPOSES.
TO WORK PROPERLY, THIS SOFTWARE MAY REQUIRE PROXIES. YOU CAN PURCHASE PRIVATE PROXIES FROM US AT AN EXTRA COST.
THIS SOFTWARE MAY REQUIRE (OPTIONAL) THE USE OF AN EXTERNAL CAPTCHA SOLVING SERVICE. IT IS YOUR RESPONSIBILITY TO REGISTER AND PURCHASE CREDIT ON YOUR OWN ACCOUNT.
IF YOU INTEND TO RUN THIS SOFTWARE 24/7, WE RECOMMEND THAT YOU CONSIDER GETTING A SUITABLE WINDOWS VPS. PLEASE ENSURE THAT THE VPS IS PROPERLY CONFIGURED AND HAS ALL THE NECESSARY FILES INSTALLED TO RUN THIS SOFTWARE.
YOU ARE STRICTLY PROHIBITED FROM DECOMPILING, CLONING, CRACKING OR REVERSE ENGINEERING THIS SOFTWARE. IF YOU ATTEMPT TO DO SO, YOU WILL BE HELP ACCOUNTABLE TO THE FULL EXTENT OF THE LAW.
YOU MAY NOT UPLOAD THIS SOFTWARE TO TORRENT OR CRACK SITES. THE SOFTWARE IS TIED TO YOUR LICENCE KEY AND IF WE DETECT MULTIPLE USES OF THIS SOFTWARE, WE WILL TERMINATE YOUR LICENCE AND HOLD YOU ACCOUNTABLE UNDER THE FULL EXTENT OF THE LAW.
YOU WILL NOT BE ABLE TO TRANSFER YOUR LICENCE TO ANOTHER MACHINE. YOUR LICENCE KEY WILL BE TIED TO ONE MACHINE AT ALL TIMES. PLEASE REGISTER YOUR SOFTWARE ON A MACHINE THAT YOU INTEND TO USE FOR THE LONG TERM.
THIS SOFTWARE IS NOT INTENDED TO BE USED FOR SPAM. IT IS MEANT TO HELP YOU TO AUTOMATE THE TASKS THAT YOU WOULD DO MANUALLY. IT IS YOUR RESPONSIBILITY TO USE THIS SOFTWARE RESPONSIBLY AND IN ACCORDANCE WITH LAW OF YOUR COUNTRY.
IT IS YOUR RESPONSIBILITY TO LEARN HOW TO USE THIS SOFTWARE PROPERLY TO GET THE BEST RESULTS. WE HAVE PROVIDED AMPLE SOFTWARE GUIDES, TUTORIALS AND BEST PRACTICES.
ONLY IN EXCEPTIONAL CIRCUMSTANCES WILL WE TRANSFER YOUR LICENCE TO ANOTHER MACHINE. IT IS IN OUR DISCRETION WHETHER TO TRANSFER YOUR LICENCE KEY TO ANOTHER MACHINE. IF YOU INTEND TO TRANSFER YOUR LICENCE TO ANOTHER MACHINE, PLEASE CONTACT US WITH YOUR REASON FOR OUR CONSIDERATION. SOME MITIGATING CIRCUMSTANCES FOR LICENCE TRANSFER INCLUDE: THE FAILURE OF YOUR LAPTOP OR MACHINE (DISK CORRUPTION). CIRCUMSTANCES WE WILL NOT CONSIDER: IF YOU ARE RUNNING SOFTWARE ON MULTIPLE VPSs THAT YOU ARE SWITCHING OFTEN, WE WILL NOT TRANSFER YOUR LICENCE.
OUR SOFTWARE IS MADE TO WORK WITH EXTERNAL WEBSITES AND FROM TIME TO TIME, THESE WEBSITES UPDATE THEIR SCRIPTS WHICH MAY CAUSE OUR SOFTWARE TO STOP WORKING. IF YOU COME ACROSS SUCH ISSUE, PLEASE REPORT IT TO US AND OUR DEVELOPERS WILL MAKE THE RELEVANT UPDATES TO THE SOFTWARE. PLEASE ALLOW FOR SOME TIME FOR THE UPDATES.
OUR SOFTWARE MAY TAKE SOME TIME TO LEARN PROPERLY. WE HAVE PROVIDED MANY COMPREHENSIVE GUIDES AND RESOURCES. PLEASE GO THROUGH THEM VERY CAREFULLY. IF YOU HAVE ANY QUESTIONS, YOU CAN POST ON OUR OFFICIAL SUPPORT FORUM. WE ARE UNDER NO DUTY TO PROVIDE YOU WITH TUTORIALS OR TRAIN YOU HOW TO USE THE SOFTWARE BECAUSE THIS INFORMATION IS ALREADY PROVIDED. WE WILL ENDEAVOUR TO HELP YOU AS MUCH AS WE CAN BUT YOU CANNOT DEMAND SUPPORT AT THIS VERY MINUTE WHEN YOU NEED IT.
IF YOU NOTICE THAT A CERTAIN FUNCTION WITHIN THE SOFTWARE IS NOT WORKING PROPERLY, PLEASE NOTIFY US AND OUR DEVELOPERS WILL INVESTIGATE, AND IF NEEDED, MAKE THE RELEVANT UPDATES.
FOR MOST OF OUR SOFTWARE, YOU WILL RECEIVE THE UPDATES AUTOMATICALLY.
WE HOPE THAT YOU ENJOY USING OUR SOFTWARE AND WE ARE SURE THAT YOU WILL LOVE IT AS MUCH AS WE DO. IF YOU EXPERIENCE ANY ISSUES, PLEASE CONTACT OUR SUPPORT TEAM AND ALLOW FOR AT LEAST 24 HOURS FOR A RESPONSE.
The Software supplied on a CD-ROM or DVD medium, sent via electronic mail, downloaded from the Internet, downloaded from servers of the developer or obtained from other sources shall require installation. You must install the Software on a correctly configured computer complying at least with requirements set out in the Documentation.
The manner of installation is specified in the Documentation.
No computer programs or hardware which could unfavourably affect the Software may be installed on the computer on which you install the Software.
2. GRANT OF LICENSE
This EULA grants you the following rights:
a. You can install the non-registered evaluation version of the software for a trial period of 7 days on any number of computers.
During the trial period, you have the rights to use the available functions of the SOFTWARE PRODUCT, make copies of the SOFTWARE PRODUCT for backup and archival purposes and evaluate hardware and software compatibility PRIOR registration.
For supported hardware and software which allow detection and display of disk information, please check the Support area of the website.
b. In business environments after the trial period of 7 days you MUST register the software to get a full licensed version or you must remove and destroy all copies of the SOFTWARE PRODUCT you have made.
c. The license you obtain grants the following rights:
i) You may install and use one copy of the Software, on a single computer with a single license
ii) You may store or install a copy of the Software on a storage device, such as a floppy/ZIP/CD/DVD/USB storage or network server; however, you must acquire and dedicate a license for each separate Computer on which the Software is run.
iii) Corporate license: if you bought Corporate license package, you may install and use as many copies of the SOFTWARE PRODUCT as you have purchased in the Corporate package.
You have the rights to make copies of the SOFTWARE PRODUCT for backup and archival purposes.
A license for the Software may not be shared or used concurrently on different Computers.
Apart from the cases described above, you do not have a licensed copy and you are not allowed to use the full functionality of the SOFTWARE PRODUCT.
Reproduction and Distribution.
You may NOT reproduce and distribute any copies of the SOFTWARE PRODUCT without the prior permission of the developer. If such permission is granted, then each copy shall be a true and complete copy, including all copyright and trademark notices, and shall be accompanied by a copy of this End-User License Agreement.
You can terminate the End User License Agreement any time (see Termination section).
3. OTHER RIGHTS AND LIMITATIONS
This EULA restricts you from doing the following:
a. You may not remove or alter the copyright notices of the SOFTWARE PRODUCT
b. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
c. You may not rent or lease or lend the SOFTWARE PRODUCT.
d. You may not release derivative products (free or commercial) based on the SOFTWARE PRODUCT without the prior permission of the developer.
The developer may provide support services related to the SOFTWARE PRODUCT ("Support Services"). Use of Support Services is governed by the policies and programs described in the user manual, in "online" documentation, and/or in other materials provided by the developer.
Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this End-User License Agreement.
The software may examine, collect and report information about the actual system including the operating system, hardware devices, drivers and other configuration details. With respect to technical information you provide to the developer as part of the Support Services, the developer may use such information for its business purposes, including for product support and development. The technical information is never used in a form that personally identifies you and never released to third parties for any reason.
The developer shall ensure technical support for the most up-to-date version of the Software. Throughout the term of the License the End User shall have the right to use the following services:
The developer or its business partners shall ensure help and support in troubleshooting and debugging in the use of the most up-to-date version of the Software. A requirement for help and support must be sufficiently certain and must contain data enabling the replication of the reported problem.
If necessary, the End User shall be obliged to provide necessary assistance in solving a reported problem.
Updated versions: Updating shall include each new version or change of the Software or individual parts thereof, which the developer shall release on its websites or the websites of its business partners.
The developer shall make the Update accessible to the End User from the protected area of its websites through the Internet network.
No Support: The developer shall not be obliged to provide any support, particularly if a reported error:
i. results from any unauthorized interference with the Software, its source code, or by the use of incorrect parameters or settings of the Software, illegal copy of the software
ii. has occurred by the fault of servicing staff, or by the use of the Software in non-compliance with the Documentation,
iii. has already been resolved by the issuance of the Update, which the End User failed to install,
iv. the End User has failed to pay the License Fee or is otherwise provided for in this Agreement.
5. TERMINATION of the End User License Agreement
You may permanently transfer all of your rights under this End-User License Agreement if
- you retain no copies of any parts of the SOFTWARE PRODUCT
- you transfer all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials)
- the recipient agrees to the terms of this End-User License Agreement.
Without prejudice to any other rights, the developer may terminate this End-User License Agreement if you fail to comply with the terms and conditions of this End-User License Agreement. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts or return at your own costs the SOFTWARE PRODUCT, all back-up copies, if any, and all related materials to the developer or to the place where you obtained the SOFTWARE PRODUCT.
The developer has rights to modify, upgrade or replace the SOFTWARE PRODUCT at any time by offering you a replacement or modified version of the SOFTWARE PRODUCT. Any such replacement or modified software code or upgrade to the Software offered to you are considered part of the Software and subject to the terms of this EULA (unless you receive an updated EULA).
All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by the developer or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This End-User License Agreement grants you no rights to use such content.
All rights not expressly granted are reserved by the developer.
THE SOFTWARE PRODUCT AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
THE DEVELOPER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU.
THE DEVELOPER IS NOT LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY INJURY TO PERSON OR PROPERTY, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE OR OTHER LOSS) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, WHETHER BASED ON CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE CERTAIN COUNTRIES AND CERTAIN LAWS DO NOT PERMIT THE EXCLUSION OF LIABILITY BUT MAY ALLOW THE LIMITATION OF LIABILITY, THE LIABILITY OF THE DEVELOPER, ITS EMPLOYEES OR LICENSE PROVIDERS SHALL BE LIMITED TO THE PRICE THAT YOU HAVE PAID FOR THE LICENSE.
If you do not accept this EULA, please stop downloading or using the Software in any ways.
Should you have any questions concerning this End-User License Agreement, or if you desire to contact the developer for any reason, please contact at firstname.lastname@example.org.
YOU AGREE THAT YOUR USE OF THE SOFTWARE INDICATES THAT YOU HAVE READ THIS AGREEMENT, YOU UNDERSTAND IT AND AGREE TO BE BOUND BY ITS PROVISIONS.