System Ninja End User License Agreement

Contents:
A: System Ninja End User License Agreement (EULA)
B: OpenCandy End User License Agreement (EULA)
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A: System Ninja License:
System Ninja is provided as freeware for personal use. A commercial version of this application is available for usage under a business environment. The commercial version of System Ninja is governed by a proprietory license; and as such this freeware agreement is non-applicable. The free edition of System Ninja may be used as many times as you like, for as long as you like. You may copy and distribute copies of this program provided that you keep this copyright notice and disclaimer of warranty intact. You must not charge money or fees for the software product to anyone. We reserve right to reclassify this software as a non-freeware product at a later date (i.e. shareware, public domain or proprietary). Doing so will not modify the license agreement of previously distributed executable.
Warranty:
This program is provided "as is" without warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the quality and performance of the program is with you. Should the program prove defective, you assume the cost of all necessary servicing, repair or correction. In no event will any copyright holder be liable to you for damages, including any general, special, incidental or consequential damages arising out of the use or inability to use the program (including but not limited to loss of data or data being rendered inaccurate or losses sustained by you or third parties or a failure of the program to operate with any other programs).
Technical Support:
Technical support may be provided via e-mail and/or website postings. While every effort is made to provide timely technical support, no guarantees whatsoever are implied that technical support will be provided or that technical support, when provided, will be accurate. System Ninja is essentially unsupported and supplied on an as-is basis. Commercial technical support is available for a monetary fee; however SingularLabs makes no guarantees of the continual availability of this service.
Code distribution:
Portions of System Ninja’s source code may be provided by the developers on associated websites. Any such source code is provided as public domain, unless labeled otherwise. Public domain code is not copyrighted. Such code is released to the public domain as a service to the programming community. You may use it for any purpose whatsoever without restriction, for free, and without giving credit to the author (although credit is appreciated). Occasionally distributed source code or code snippets will contain source code that is the copyright of other authors. All such code will contain an appropriate copyright notice and remains the copyright of their respective owners.
Binary Distribution:
SingularLabs grants permission to distribute this software on your website, under the following conditions:
- We retain full rights to request removal of our software from your website, without reason.
- You may no charge money to download or access our software.
- You must not claim endorsement or affiliation with SingularLabs without explicit permission.
- You may not bundle System Ninja with other software.
Agreement:
By using System Ninja you automatically agree to and show that you have read and understood the terms and conditions contained within this license. If you do not agree with the System Ninja License Agreement you must discontinue use this software immediately. The System Ninja License Agreement will then not apply to you. We reserve the right to make changes to this software license without notice.
Any company names, logos, mottoes and product names mentioned or shown on associated website(s) or in software products may be the copyright, trademarked or registered trademarked by their respective owners.
B. OpenCandy End User License Agreement (EULA)
Date of last revision: March 7, 2012
PLEASE READ THESE TERMS BEFORE PROCEEDING WITH THE INSTALLATION OF THE SOFTWARE. BY AGREEING TO THESE TERMS YOU ARE GRANTING US PERMISSION TO PROVIDE RECOMMENDATIONS OF THIRD PARTY SOFTWARE IN ACCORDANCE WITH THE FOLLOWING TERMS AND THE TERMS OF OUR PRIVACY POLICY.
1. What We Do
The developer of the software ("Software") you are installing has chosen to use the OpenCandy Network ("We") to provide recommendations of other third party software. All third party software participating in the OpenCandy Network must adhere to strict policies that ensure only compliant software is recommended. In the event an OpenCandy recommendation is shown, the recommendations will only occur once during the installation of the Software.
2. How Our Recommendations Work
As part of the installation process, a temporary file transmits anonymous, non-personally identifiable information about your computer system in order to help us determine what third party software would be appropriate to recommend. If a recommendation is shown and you choose to install such recommended third party software, then the third party software will be downloaded and installed. If a recommendation is not shown, or you choose not to install such recommended third party software, then no third party software will be downloaded or installed.
Reasonable efforts are made to ensure any temporary files created are automatically removed after the installation process is completed, regardless of whether a recommendation is made, and regardless of whether you choose to install any software. Please note, however, that some files may not be able to remove themselves until the next system restart.
3. Recommended Third Party Software
You are NEVER required to install any recommended third party software, and you will not be required to install any third party software as a condition to install the Software. We will never install any third party software without your express consent. Recommended third party software is also subject to its own separate license agreement(s).
4. How We Use Your Data
We are strong advocates for consumer privacy, and we do NOT collect or store any personally identifiable information. Any information transmitted to our servers is anonymous and may be stored in the aggregate to help us improve our services. All information is collected and used in accordance with our Privacy Policy, available at: <http://www.opencandy.com/privacy-policy>.
5. DISCLAIMER; LIMITATION OF LIABILITY
WE PROVIDE ALL RECOMMENDATIONS OR THIRD PARTY SOFTWARE "AS IS," "WITH ALL FAULTS," AND WITHOUT ANY WARRANTY WHATSOEVER, AND DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WE ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, DIRECT, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES IN CONNECTION WITH ANY RECOMMENDATION OR THIRD PARTY SOFTWARE.
6. Miscellaneous
These Terms are governed by and interpreted, construed and enforced in accordance with the laws of the State of California, United States of America, without respect to its choice of law provisions. Any action is subject to the exclusive jurisdiction of the state or federal courts in California, and you irrevocably submit to the personal jurisdiction in such courts.
7. Third Party Software Uninstallation
We ensure that all OpenCandy recommended third party software which may be installed allows for simple uninstallation without harming your computer, and without leaving files or applications behind.
If you have any feedback or questions, please email us at: license@opencandy.com.