End-User License Agreement
This End-User License Agreement ("EULA") is a legal
agreement for Visual Analyzer™ an international trade mark
of GTP PRODUCTIONS, which includes computer software and associated
media, add-on modules, printed materials, and "online"
or electronic documentation (collectively the "Software
Product"), between you ("User") and GTP PRODUCTIONS.
By accessing, installing, copying, or otherwise using the
Software Product, you agree to be bound by the terms of this
EULA. If you do not agree to the terms of this EULA, you may
not install, distribute, or use the Software Product; you
must delete it from your system entirely.
COPYRIGHT. The Software Product is protected
by copyright laws and international copyright treaties, as
well as other intellectual property laws and treaties. All
title and copyrights in and to the Software Product (including
but not limited to any images, photographs, keyword lists,
IP lists, source code (uncompiled Perl script), incorporated
into the Software Product) are owned by GTP PRODUCTIONS.
GRANT OF LICENSE. The Software Product is
licensed, not sold. Subject to the condition that you are
in compliance with the terms of this EULA, you may install
and use the Software Product FOR USE FOR YOUR PERSONAL PROMOTION
OF 1 DOMAIN OR URLS THAT IS DIRECTLY OWNED BY YOU OR FOR WHICH
YOU ARE AN AFFILIATE. YOU MAY PURCHASE ADDITIONAL "DOMAIN
LICENSES" FOR YOUR USE (FOR YOUR DOMAINS ONLY) FROM WITHIN
THE SOFTWARE PRODUCT'S MANAGEMENT CONSOLE. No other use, modification,
alteration, copying, or distribution of the Software Product
is permitted. You may not rent the Software Product, nor may
you offer use of it to others through a service bureau or
application service provider. If you are installing this copy
of the Software Product as an upgrade, update, patch or enhancement
of a prior release of the same Software Product which was
installed on the same computer, your rights under the prior
license agreement for the Software Product are terminated,
and all of your use of the Software Product (including its
prior versions) are solely under the terms of this license
agreement. You may not make the activation codes of various
add-on modules for Software Product available to others.
MODIFICATION OF SOFTWARE. You may not alter,
modify, or change Software Product source code files in any
manner, except as specified in the Members' Area of VisualAnalyzer.com.
LIMITATIONS. Except to the extent such a
restriction is unenforceable under local law, you may not
reverse engineer, decompile, or disassemble the Software Product.
The Software Product is licensed as a single product, and
its component parts may not be separated for use on more than
one computer. You may not modify, amend, or create derivative
works of the Software Product.
DOMAIN LICENSES. This Software Licenses
grants you a single Domain License, allowing you to use Visual
Analyzer™ on a single domain. You may purchase additional
Domain Licenses for your use. You may not resell, grant, or
give these Domain Licenses to others, as they are only for
your use on domains you own or control.
USE OF SOFTWARE PRODUCT. User is solely
responsible for use of software, and any and all results resulting
from use or misuse of software. It is your responsibility
to ensure that you are using software in accordance with all
local, state, and national laws. It is your duty to monitor
pending and new legislation and make sure you are in compliance.
It is your responsibility to ensure that your Webhost/ISP
allows installation and use of Software Product on their systems,
even if we do installation on said Webhost/ISP. It is your
responsibility to ensure that you are not violating any other
parties' copyrights when using Software Product.
REFUNDS. We do not provide refunds of your
purchases of Software Products. Refunds only apply to paid
services, add-ons, or additional licenses.
TERMINATION. Without prejudice to any other
rights, GTP PRODUCTIONS may terminate this EULA or your rights
under this EULA at any time if you fail to comply with the
terms and conditions of this EULA. We additionally reserve
the right to terminate your license and EULA at any time,
for any reason. Upon termination of your rights under this
EULA for any reason, or upon termination of the EULA itself,
you must destroy all copies of the Software Product and all
of its component parts in your possession (including all component
parts, the media and printed materials, any prior versions,
and this EULA). The terms of this paragraph shall survive
any termination of this EULA. If you request a refund of your
purchase, you must destroy all copies of Software Product.
PRIVACY. You understand and accept that
Software Product will communicate with GTP PRODUCTIONS servers
for upgrades, updates, patches, and license verification.
Information pertaining to your installation will be communicated
to GTP PRODUCTIONS servers solely for the purpose of license
INDEMNIFICATION. User agrees to defend,
indemnify and hold harmless GTP PRODUCTIONS and its shareholders,
directors, officers, employees, agents, affiliates, and any
person or entity involved in creating, producting, or distributing
Software Product from and against all claims and expenses,
including attorneys' fees, arising out of the installation
of Software Product, use of Software Product, misuse of Software
Product, failure to use Software Product, technical glitches
or bugs or security weaknesses in Software Product, or any
other result arising out of Software Product.
DISCLAIMERS. User expressly agrees that
use of Software Product is at User's sole risk. You agree
that Software Product is provided "as is" and without
warranties of any kind either express or implied.You also
understand and agree that, while we make every effort to ensure
that Software Product does not contain any security weaknesses,
we are not responsible for any data loss, hacker attacks,
backdoors, trojan horses, or other security or data incidents
resulting from use, installation, or misuse of Software Product,
or from our installation services, installation advice, or
digital or telephonic communications related to installation
or use of Software Product.
To the fullest extent permissible pursuant to applicable
law, GTP PRODUCTIONS disclaims all warranties, express or
implied, including, but not limited to, implied warranties
of merchantability and fitness for a particular purpose. GTP
PRODUCTIONS does not warrant that this site or its Software
Product will be uninterrupted, secure, error-free, bug-free,
virus-free, or that defects will be corrected.
When we provide installation services, paid or otherwise,
via e-mail, on the telephone, or remotely, you understand
that we are not responsible for any data loss, compromised
security, or loss of profits resulting from installation services
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY
CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER
VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR
UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER
FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR
UNDER ANY OTHER CAUSE OF ACTION.
USER SPECIFICALLY ACKNOWLEDGES THAT GTP PRODUCTIONS, ITS
EMPLOYEES, DIRECTORS, SHAREHOLDERS, AFFILIATED PARTIES, OR
ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING
SOFTWARE PRODUCT ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE
OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT
THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH
LIMITATION OF LIABILITY. YOU AGREE THAT IN NO EVENT WILL
LITTLE DIPPER CORPORATION, ITS EMPLOYEES, DIRECTORS, SHAREHOLDERS,
AFFILIATED PARTIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING,
PRODUCING OR DISTRIBUTING SOFTWARE PRODUCT BE LIABLE FOR ANY
DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR
ANY LOST PROFITS OR LOST SAVINGS -- EVEN IF WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, OR CLAIM -- ARISING
FROM USE, MISUSE, OR INSTALLATION OF SOFTWARE PRODUCT OR FROM
INSTALLATION SERVICES OR ADVICE. THE FOREGOING LIMITATIONS
AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE
LAW IN YOUR JURISDICTION. USER HEREBY ACKNOWLEDGES THAT THE
PROVISIONS OF THIS SECTION SHALL APPLY TO SOFTWARE PRODUCT,
INSTALLATION SERVICES AND ADVICE, AND ALL CONTENT ON THIS
USER AGREES THAT NO INFORMATION IN THIS SITE CONSTITUTES
LEGAL ADVICE. USER AGREES THAT ALL INFORMATION, PROGRAMS,
STRATEGIES, IDEAS, AND THOUGHTS IN THIS SITE ARE FOR INFORMATIONAL
PURPOSES ONLY. USER DOES NOT HOLD GTP PRODUCTIONS, ITS OFFICERS,
DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATED PARTIES, OR
ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING
SOFTWARE PRODUCT RESPONSIBLE FOR ANY ACTIONS TAKEN BY USER.
NEITHER GTP PRODUCTIONS, ITS OFFICERS, DIRECTORS, EMPLOYEES,
SHAREHOLDERS, AFFILIATED PARTIES, OR ANY PERSON OR ENTITY
INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING SOFTWARE PRODUCT
WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, LEGALITY, ACCURACY,
VALIDITY, OR COMPLETENESS OF THE INFORMATION CONTAINED IN
THIS SITE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE
RESULTS OBTAINED FROM THE USE OF THIS SOFTWARE.
USER IS SOLELY RESPONSIBLE FOR ANYTHING HE OR SHE DOES WITH
SOFTWARE PRODUCT, THAT HE OR SHE CONTRACTS US TO DO, OR IN
RESPONSE TO THE CONTENT IN THIS SITE. USER HOLDS GTP PRODUCTIONS,
ITS EMPLOYEES, DIRECTORS, SHAREHOLDERS, AFFILIATED PARTIES,
OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR
DISTRIBUTING SOFTWARE PRODUCT HARMLESS FOR ANY OF HIS ACTIONS.
IT IS USER'S SOLE RESPONSIBILITY TO THOROUGHLY ASSESS THE
LEGALITY, PROFITABILITY, AND VIABILITY OF USING THIS SOFTWARE
ADDITIONAL LEGAL NOTICES. Any failure by
GTP PRODUCTIONS to enforce any of the rights specified in
the Terms or applicable laws shall not constitute a waiver
of such right. If any provision of the Terms is found by a
court of competent jurisdiction to be invalid, you, GTP PRODUCTIONS,
and the court shall endeavor to give effect to the intent
reflected in that provision, and the remaining provisions
shall retain their full force and effect. It is your responsibility
to determine if use of Software Product is in violation of
any local, state, regional, or national laws. Under no circumstances
shall GTP PRODUCTIONS ever be liable for an amount greater
than the price you paid for the Software Product.
This Agreement constitutes the entire agreement of the parties
with respect to the subject matter hereof, and supersedes
all previous written or oral agreements between the parties
with respect to such subject matter. This Agreement shall
be construed in accordance with the laws of Switzerland, City
of Basel. No waiver by either party of any breach or default
hereunder shall be deemed to be a waiver of any preceding
or subsequent breach or default. The section headings used
herein are for convenience only and shall not be given any
We may modify any of the terms and conditions contained in
this Agreement, at any time and in our sole discretion. Notice
of any change by e-mail, to your address on our records, or
the posting on our site is considered sufficient notice for
notifying you of a modification to the terms and conditions
of this Agreement.
Any rights not expressly granted herein are reserved.