» version 2.6.1 - posted on 2007-09-19
EULA - End User License Agreement
My Movie Collection is copyright 2007 GoToMyCollection.com. All rights reserved.
IMPORTANT--READ THESE TERMS CAREFULLY BEFORE INSTALLING THIS SOFTWARE. BY INSTALLING OR USING THIS SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, PROMPTLY EXIT THIS PAGE WITHOUT INSTALLING THE SOFTWARE. THE SOFTWARE PROVIDED HEREUNDER WILL EXPIRE AND NOT OPERATE AFTER MORE THAN FIFTEEN (15) RECORDS HAVE BEEN CREATED. THE PURCHASE OF THE FULL-VERSION IS REQUIRED FOR CONTINUED USE OF THE SOFTWARE AFTER IT HAS EXPIRED.
* Software Grant of License
GoToMyCollection.com grants you a non-exclusive, non-transferable license to use the program with which this license is distributed ("the Software"), including any documentation files accompanying the Software ("the Documentation"), provided that: (i) the Software is not used on more than one computer at a time; (ii) the Software is NOT modified; (iii) all copyright notices are maintained on the Software; (iv) the Software has not expired; and (v) you agree to be bound by the terms of this License Agreement. The Software and Documentation shall be used only by you, only for your own personal or internal business use and not in the operation of a service bureau or for the benefit of any other person or entity.
You have no ownership rights in the Software. Rather, you have a license to use the Software as long as this License Agreement remains in full force and effect. Ownership of the Software, Documentation and all intellectual property rights therein shall remain at all times with GoToMyCollection.com.
The Software and Documentation contain material that is protected by US Copyright Law and trade secret law, and by international treaty provisions. All rights not granted to you herein are expressly reserved by GoToMyCollection.com. You may not remove any proprietary notice of GoToMyCollection.com from any copy of the Software or Documentation.
You may not publish, display, disclose, rent, lease, modify, loan, distribute, or create derivative works based on the Software or any part thereof. You may not reverse engineer, decompile, translate, adapt, or disassemble the Software, nor shall you attempt to create the source code from the object code for the Software. You may not transmit the Software over any network or between any devices, although you may use the Software to make such transmissions of other materials. You may transfer the Software to other computers you own as long as you only use it on one computer at a time.
All text and graphic images retrieved by the Software via the internet ("Downloaded Data") is licensed to you for personal, non-commercial use only. You must not use any Downloaded Data for any commercial purpose, or aggregate it with any other data in a database. Prohibited use includes, but is not limited to, using Downloaded Data in a website that aims to earn revenues from its visitors in any way, including selling products or site advertising.
GoToMyCollection.com collects personally identifiable information that you voluntarily submit in various contexts including, but not limited to: (1) the purchase or account creation process for the Full-Version of our software; (2) the registration process for sweepstakes, contests, and other online promotions offered on the Service; (3) your participation in online research surveys offered on the Service; (4) the process to report a problem with our Service and resoling customer service activities (including via email and chat), and (5) in connection with content submissions, voting and polling activities. Such personally identifiable information may include, without limitation, name, e-mail address, mailing address and telephone number.
Additionally, My Movie Collection generates a Computer ID value during the installation process. This is a number that serves to identify your computer for licensing purposes and contains no specific information about you, your computer, or any files or other data on your system. Computer ID values serve as an effective way to combat software piracy.
We use the personal information you give us about yourself to deliver information or content you request, to contact you about our programs, products, features, or services, or for other purposes explained at the time we collect the information. Personally identifiable information is used by GoToMyCollection.com to, among other things: (1) verify access rights to the full-version of our software or other access-restricted services, including for purpose of supporting digital rights management software; (2) improve our services by providing personalized content, language and location customization, and/or personalized help and instructions; (3) provide information concerning compatibility and interoperability to you; (4) ask you to participate in surveys about products, services, news and events; (5) provide you with news, newsletters, updates, targeted advertising, promotions, and special offers; (6) better understand how the Software is used, including data entry patterns and what types of movies are most popular with users; and (7) in connection with content submissions, community postings (e.g., chat and bulletin boards), and voting and polling activities. GoToMyCollection.com does not sell, rent, lease or license your personally identifiable information to third parties for their commercial purposes.
We may share your personally identifiable information with companies that offer products and/or services under the GoToMyCollection.com brand name. GoToMyCollection.com may also share your information with companies that offer products and/or services that are co-branded using GoToMyCollection.com brand names. These companies are called "co-branding participants."
* Limited Warranty
GoToMyCollection.com WARRANTS FOR A PERIOD OF THIRTY (30) DAYS AFTER PURCHASE THAT THE SOFTWARE WILL OPERATE SUBSTANTIALLY IN ACCORDANCE WITH THE DOCUMENTATION. SHOULD THE SOFTWARE NOT SO OPERATE, YOUR EXCLUSIVE REMEDY, AND GoToMyCollection.com's SOLE OBLIGATION UNDER THIS WARRANTY, SHALL BE, AT GoToMyCollection.com's SOLE DISCRETION, CORRECTION OF THE DEFECT OR REFUND OF THE PURCHASE PRICE PAID FOR THE SOFTWARE. ANY USE BY YOU OF THE SOFTWARE IS AT YOUR OWN RISK. THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY GoToMyCollection.com REGARDING THE SOFTWARE. EXCEPT FOR THE LIMITED WARRANTY ABOVE, THE SOFTWARE IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY LAW, GoToMyCollection.com DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GoToMyCollection.com DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SOFTWARE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE IS COMPATIBLE WITH ANY PARTICULAR PLATFORM. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU.
* Limitation of Liability
IN NO EVENT WILL GoToMyCollection.com BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PROGRAM, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF GoToMyCollection.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GoToMyCollection.com'S AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF THE LICENSE FEE PAID BY YOU FOR THE SOFTWARE AND DOCUMENTATION. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
* Software Updates
GoToMyCollection.com may from time to time make available to you bug fixes or updates for the Software ('Updates'), subject to the terms and conditions of this Agreement. Minor Updates will happen automatically, and will be delivered to your Device(s) when your Device(s) are connected to the internet, whether or not you are logged in. Other Updates may be provided to you on a voluntary basis ('Voluntary Update'). Still other Updates will be required ('Required Update'). When you install Voluntary Updates or Required Updates, your use of such Updates may be subject to the applicable license and the terms and conditions of this GoToMyCollection.com Client Terms of Service or may be subject to your acceptance of another or additional GoToMyCollection.com Client Terms of Service or other separate agreement, as determined by GoToMyCollection.com in its sole discretion. Failure to download and install any Required Update within 7 days of receipt of notice of the availability of such Required Updates (whether through the Message Center, email or otherwise), your access to the Service will be blocked until such Updates is installed. Failure to timely make a Required Update is at your own risk. GoToMyCollection.com will not cease any billing procedures or pro rate fees for any services due to your failure to upgrade,
This License Agreement is effective until it is terminated. You may terminate this License Agreement at any time by destroying or returning to GoToMyCollection.com all copies of the Software, Downloaded Data and Documentation in your possession or under your control. GoToMyCollection.com may terminate this License Agreement for any reason, including, but not limited to, if GoToMyCollection.com finds that you have violated any of the terms of this License Agreement. Upon notification of termination, you agree to destroy or return to GoToMyCollection.com all copies of the Software and Documentation and to certify in writing that all known copies, including backup copies, have been destroyed. All provisions relating to confidentiality, proprietary rights, downloaded data, submitted data and non-disclosure shall survive the termination of this Software License Agreement.
This License Agreement shall be construed, interpreted and governed by the laws of the United States and the State of New Jersey without regard to conflicts of law provisions thereof. The exclusive forum for any disputes arising out of or relating to this License Agreement shall be an appropriate court sitting in the United States. This License Agreement shall constitute the entire Agreement between the parties hereto. Any waiver or modification of this License Agreement shall only be effective if it is in writing and signed by both parties hereto. If any part of this License Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this License Agreement shall be interpreted so as to reasonably effect the intention of the parties. =