Software License Agreement

This is the end-user license agreement for the software Tarraaa!.

IMPORTANT-READ CAREFULLY: This Tarraaa! Software License Agreement (“TSLA”) is a legally binding license agreement for the Tarraaa! SOFTWARE PRODUCT or SOFTWARE identified above and as further defined in this TSLA between You and the owners of Tarraaa!

By paying the license fee for the software product or installing, copying, or otherwise using the software product, such acts indicate your acceptance of this tsla and your agreement to be bound by the terms and conditions of this TSLA. If you do not desire to accept this TSLA or agree to the terms of this TSLA, promptly return the unused software product or software to the place from which you obtained it for a full refund of the license fee.

The software product or software is protected by international copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Tarraaa! and/or its suppliers or licensors, are and shall remain the owners of all intellectual property rights in the software product or software or services. The software product or software or services are licensed to you on a non-exclusive, non-assignable, non-transferable, limited, personal basis, not sold.

Tarraaa! Strives to protect the security and privacy of the users of 
its products. The Tarraaa! Privacy policy found at http://www.tarraaa.com/privacy-policy.html and is incorporated in this TSLA by reference.

When you use the software product and/or software, Tarraaa! may collect certain information about your computer or otherwise to facilitate, evaluate and verify your use of the software product and/or software which may be sent to a Tarraaa! web or third party cloud server for storage or further processing by Tarraaa! and/or its partners, subsidiaries or affiliates, for Tarraaa!’s own internal use. This information is generally collected in the aggregate form, without identifying any user individually, although ip address, computer and session id in relation to purchases and downloads/installations of the software product and/or software may be tracked as part of Tarraaa!’s customer order review, statistical analysis, fraud and piracy prevention efforts. For example, Tarraaa! may collect information such as the number of downloads/installations of the software product and/or software or the type of operating system used, for non-identifying statistical analysis and for improving the software product and/or software, providing you with a more relevant experience. Tarraaa! may also collect certain information, such as names and e-mail addresses in connection with your use of certain features of the software product and/or software or service which also may be sent to a Tarraaa! web server to provide you with your requested services. As indicated above, if you do not desire to accept this TSLA or agree to the terms of this TSLA, promptly return the unused software product and/or software to the place from which you obtained it for a full refund of the license fee.

You acknowledge and agree:  (a) that you are not an owner of the software product and/or software or any copies of the software product and/or software; (b) that you are a mere licensee of the software product and/or software and any copies of the software product and/or software without any right to further transfer or distribute the software product and/or software or any copies of the software product and/or software or provide access to the software product and/or software in any manner without Tarraaa!’s prior written consent; (c) not to challenge the enforceability or validity of this TSLA; (d) not to initiate any proceedings inconsistent with the terms and conditions of this TSLA.

The software product or software may include product activation and other technology designed to prevent unauthorized use and copying, and technology to help you manage licenses. Such technology may prevent your use of the software product or software if you do not follow the activation, installation, and/or license management process described in the software product or software and documentation.

Visit http://www.tarraaa.com/ for information about product activation and license management.

 

Definitions:

1. “computer” means a virtual or physical computer device that accepts information in digital or similar form and manipulates it for specific result based on a sequence of instructions.

2. “content” means any video, audio, data, music, still images, information and any other output of the software product or software and any video, audio, data, music, still images, information or other input into the software product or software.

3. “internal network” means a private, proprietary network resource accessible only by employees and individual contractors (i.e./ temporary employees) of a specific corporation or similar business entity. Internal network does not include portions of the internet or any other network community open to the public, such as membership or subscription driven groups, associations and similar organizations.

4. “library content” shall mean any and all media assets embedded in the Tarraaa! library or displayed or may be accessed through Tarraaa!’s or its authorized licensors’ web sites, specifically, without limitation, Tarraaa!’s media assets comprised of digital still images, music, audio files, animations, clipart, composites, fonts, graphics, illustrations, motion sequences, photographs, sound effects, video, video trailers, data, information, surveys or any other visual representation that is now known or may become known in the future, together with all accompanying metadata and other material.

5. Owners shall mean the person, company or organization that are the legal owners of any of the software products, software or services covered by this TSLA.

6. “permitted number” means one (1) unless otherwise indicated under a valid license (e.g., multi user, site, or enterprise license) granted by Tarraaa!.

7. “resellers and distributors” means a Tarraaa! authorized partner, e-merchant or a portal, within which Tarraaa! manages its software product or software channel.

8. “services” means any services provided by Tarraaa!.

9. “software product or software” means use of a copy of computer software identified above and associated media, library content and services and a copy of the printed materials, and may include “online” or electronic documentation as well as licensed third party content.

10. “Tarraaa!” means Tarraaa!, a software product belonging to the owners.

11. “You” means the person, company, or organization that has licensed the software product or software.

12. “Your content” means the content resulting from your use of the software product or software.

 

1. Grant of license and restrictions.

The following section applies to all versions of the software product or software unless you have an addendum to this license agreement of the software product or software which specifies a multi-user, site or enterprise version.

1.1 If you obtained the software product or software and any required software key(s) from the owners of Tarraaa! Or one of its authorized resellers or distributors and as long as you comply with the terms and conditions of this TSLA as a condition to the license granted herein, the owners of Tarraaa! Hereby grants you a non-exclusive, non-transferable, limited personal license to install and use a copy of the software product or software or services in a manner consistent with its design, documentation, and your order. You may only use the software product or software or services according to the license ordered by you and granted by the owners of Tarraaa!. The owners of Tarraaa! offer several license types to meet the needs of its customers. In particular licenses are offered for the software product or software or services depending on the intended use of the software product or software or services. Your order shall designate the specific application of the software product or software or services which may include, limited use (Lite), one license one computer (Premium), public use (Showtime), a multi-user license, site license, enterprise license, or volume discount license, for example.

1.2 General use. Except as otherwise provided in the TSLA and so long as you comply with the terms and conditions of this TSLA as a condition to the license granted herein, you are licensed to install and use one (1) copy of the software product or software on one (1) of your compatible computers as long as, when required by the software product or software, you present a valid, authorized, and activated software key for each copy;

1.3 Distribution from server. So long as you comply with the terms and conditions of this TSLA as a condition to the license granted herein, you are licensed to copy an image of the software product or software onto computer file server(s) within your internal network for the purpose of downloading and installing the software product or software onto computers within the same internal network for use as permitted by section 1.1 and 1.2 above; and

1.4 Server use. So long as you comply with the terms and conditions of this TSLA as a condition to the license granted herein, you are licensed to install a copy of the software products or software product or software on computer file server(s) within your internal network only for use of the software product or software initiated by an individual from a computer within the same internal network as permitted by section 1 .1 and 1.2. The total number of users (not the concurrent number of users) able to use the software on such computer file servers(s) may not exceed the permitted number.

By way of example, the foregoing does not permit you to install or access (either directly or through commands, data or instructions) the software product or software: (i) from or to a computer not part of your internal network, (ii) for enabling web hosted workgroups or services available to the public, (iii) by an individual or entity to use, download, copy or otherwise benefit from the functionality of the software product or software unless licensed to do so by Tarraaa!, (iv) as a component of a system, workflow or service accessible by more than the permitted number of users, or (v) for operations not initiated by an individual user (e.g., automated server processing).

1.5 Portable or home computer use. This license is a single user, single computer license. Each installation of the software on a computer requires a license exclusively for the use of that computer.

1.6 Backup copy. So long as you comply with the terms and conditions of this TSLA as a condition to the license granted herein, you are licensed to make a reasonable number of backup copies of the software product or software, provided your backup copies are not installed or used for other than archival purposes.

1.7 Integrity of 3rd party content and software. Your use of the software product or software may be impaired by digital rights management systems in order to protect the integrity of certain third party content and the software product or software. You may not use any computer or hardware designed to defeat any copy-protection device, should the content, software product or software you have licensed be equipped with such protection. You may not remove or alter any trademark, trade names, product names, logos, copyright notices, legends, symbols, labels, or watermarking in any 3rd party content, the software product or software, except to the extent as expressly indicated in the 3rd party content, software product or software.

 

2. Description of other rights and limitations.

The Owners of Tarraaa! grants to You a non-exclusive, nontransferable, limited personal license to install and use the SOFTWARE PRODUCT or SOFTWARE or Service in a manner consistent with its design, documentation, and Your Order and is further conditioned upon Your compliance with all of the following conditions:

2.1 Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, translate, localize or disassemble the SOFTWARE PRODUCT or SOFTWARE.

2.2 Separation of Components. The SOFTWARE PRODUCT or SOFTWARE is licensed as a single product. Its component parts may not be separated for use on more than one computer. You may not unbundle or repackage the SOFTWARE PRODUCT or SOFTWARE for distribution.

2.3 Rental. You may not rent, license, assign, transfer, time share, host, lend, sublicense, distribute, or lease the SOFTWARE PRODUCT OR SOFTWARE or any access code associated with the same, except as otherwise expressly provided in this TSLA; and in particular, You may not rent, license, assign, transfer, time share, host, lend, sublicense, distribute, or lease the SOFTWARE PRODUCT or SOFTWARE for commercial revenue generating purposes except that you have purchased the correct License to do so from the Owners of Tarraaa!.

2.4 Software Transfers of Rights.

(i) You may not transfer this license under any circumstances without the Owners of Tarraaa!’s prior written consent/approval, any such consented to or approved transferee must acknowledge, accept and agree in writing to be bound by the terms and conditions of this TSLA.

Any transfer made in violation of the requirements, conditions, or restrictions of this section will be void and may result in termination of this TSLA.

(ii) You may not transfer licenses on a short term basis or transfer temporary rights to use the SOFTWARE PRODUCT or SOFTWARE without the Owners of Tarraaa!’s prior written consent/approval.

(iii) The SOFTWARE PRODUCT or SOFTWARE and any copies of the SOFTWARE PRODUCT or any SOFTWARE key or key codes related to the SOFTWARE PRODUCT or SOFTWARE and Tarraaa!’s trademarks may not be copied, reproduced, distributed, used, posted, modified, adapted, prepare derivatives of or displayed in any form or manner on any online auction sites or any other site or material of any kind without the express prior written permission of Tarraaa!.

2.5 Term and Termination. The term of this TSLA granted to You for the use of the SOFTWARE PRODUCT is for 1 year, renewable automatically, but without prejudice to any other rights, Tarraaa! may terminate this TSLA, if You fail to comply with any of the terms and conditions of this TSLA, which includes, but would not be limited to, Your unauthorized reproduction, copying, distribution, modification, adaptation or the making of a derivative of or display of the SOFTWARE PRODUCT or  SOFTWARE or any of the key codes associated with the same. In such event, upon such termination You must destroy all copies of the SOFTWARE PRODUCT or SOFTWARE and any key codes associated with the same and all of its component parts and You must provide Tarraaa! in writing Your certification as to the same.

2.6 Software for Windows. The SOFTWARE PRODUCT or SOFTWARE which is the subject matter of this TSLA is for use and/or runs on a Windows operating system only, and the SOFTWARE and SOFTWARE key associated with the SOFTWARE will not be operable on any other systems.

 

3. Intellectual property Rights.

All rights, title, and interests, including, but not limited to, all copyrights, trade secret rights, patent and trademark rights in and to the SOFTWARE PRODUCT or SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text, and “applets,” incorporated into the SOFTWARE PRODUCT or SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT or SOFTWARE, are owned by and shall remain the sole property of the Owners of Tarraaa! or its suppliers or licensors.

 

4. Injunctive Relief.

The parties agree that if You utilize or otherwise use any of the SOFTWARE PRODUCT or SOFTWARE in an unauthorized manner, or breach the remaining terms and conditions of this TSLA, that such use or breach would have a devastating and serious impact on the Owners of Tarraaa!’s continuing ability to compete profitably and would, therefore, result in immediate and irreparable injury, loss or damage to the Owners of Tarraaa!. The parties agree that in such event, in addition to the Owners of Tarraaa!’s right to recover damages for a breach of this TSLA, the Owners of Tarraaa! shall be entitled to obtain a temporary restraining order or a preliminary injunction from a court of competent jurisdiction, without posting of bond or proof of actual damages, to prevent You, Your employees, agents, consultants, or independent contractors from engaging in any further use copying, reproduction, distribution, modification, adaptation, or making of derivative works or display of  the SOFTWARE PRODUCT or SOFTWARE or the continued breach of the remaining terms and conditions of this TSLA .

 

5. Dual-Media Software.

If you were licensed to receive the SOFTWARE PRODUCT or SOFTWARE in more than one medium, regardless of the type or size of medium You receive, You are licensed to use only one medium that is appropriate for Your single Computer. You may not use or install the other medium on another Computer other than as expressly stated in the TSLA. You may not loan, rent, lease, license, distribute or otherwise transfer the other medium to another user.

 

6. U.S. Government Restricted Rights.

The SOFTWARE PRODUCT or SOFTWARE and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the government is subject to restrictions as set forth in subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or Rights at 48 CFR 52.227-19, as applicable. The Owner and manufacturer is: WAMIguide Ltd, UK. You acknowledge and agree as a condition to the license granted under this TSLA that the SOFTWARE PRODUCT or SOFTWARE may not be downloaded or otherwise exported or re-exported: (i) into (or the national resident of) any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of specially Designated Nationals or the U.S Commerce Department’s Table of Denial Orders. By using the SOFTWARE PRODUCT or SOFTWARE, You are agreeing to the foregoing and are representing and warranting that You are not located in or under the control of, a national resident of any such country or on any such list.

 

7. Miscellaneous.

This TSLA is governed by the laws of the United Kingdom. You agree to the exclusive jurisdiction of the Courts of the United Kingdom. This Agreement has been prepared in the English language and such version shall be controlling in all respects and any non- English version of this Agreement is solely for accommodation purposes. The parties to this Agreement waive personal service of any and all process upon them and consent that all such service of process be made by registered mail and shall be deemed to be completed five (5) business days after the same shall have been deposited in the United Kingdom mail, postage prepaid. You waive any objection based on forum non conveniens and any objection to venue of any action instituted under this TSLA by Tarraaa! in any jurisdiction. This TSLA shall not be governed by the United Nations’ Convention on Contracts for the International sale of Goods, the application of which is expressly excluded.

Should You have any questions, complaints or claims with respect to the SOFTWARE PRODUCT or SOFTWARE, or if You desire to contact Tarraaa! for any reason, please contact the Tarraaa! partner serving Your country, or write to: Tarraaa!, using the email address enquiries@tarraaa.com

Web Site: http://www.tarraaa.com

 

8. Limited Warranty.

Tarraaa! warrants (the “Limited Warranty”) that (a) the SOFTWARE PRODUCT or SOFTWARE will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt, and (b) any hardware accompanying the SOFTWARE PRODUCT or SOFTWARE will be free from defects in materials and workmanship under normal use and service for a period of ninety (90) days from date of receipt. Some jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to You. To the extent allowed by applicable law, implied warranties on the SOFTWARE PRODUCT or SOFTWARE and hardware, if any, are limited to ninety (90) days, respectively.

 

9. Customer Remedies.

Tarraaa!’s and its suppliers’ or licensor’s entire liability and Your exclusive remedy shall be, at Tarraaa!’s option, either (a) return the license fee paid, or (b) repair or replacement of the SOFTWARE PRODUCT or SOFTWARE or hardware that does not meet Tarraaa!’s Limited Warranty and which is returned to Tarraaa! with a copy of Your receipt. This Limited warranty is void if failure of the SOFTWARE PRODUCT or SOFTWARE or hardware has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT or SOFTWARE or hardware will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Neither these remedies nor any product support services offered by Tarraaa! are available without proof of purchase from an authorized source.

 

10. No other warranties.

To the maximum extent permitted by applicable law, Tarraaa! and its suppliers, and licensors disclaim all other warranties, either express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, of accuracy, quit enjoyment, non-infringement of third party rights with regard to the software product or software, services, content, or library content and any accompanying hardware. This limited warranty gives you specific legal rights. You may have other rights, which may vary.

 

11. No liability for consequential damages.

To the maximum extent permitted by applicable law, in no event shall the owners of Tarraaa! or its suppliers, or licensors, be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the software product or software, services, content, or library content, even if the owners of Tarraaa! has been advised of the possibility of such damages. Because some states and jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

 

12. Content, Library Content and Indemnity.

12.1 You acknowledge and understand Your Content is Your sole responsibility including making and keeping back-up copies of Your Content and Your use and distribution of Your Content is at Your sole discretion and risk. You shall be solely responsible for any claims or causes of action that may arise in connection with such use and distribution of Your Content. Notwithstanding anything to the contrary herein, the Owners of Tarraaa! have no responsibility or liability for the deletion or accuracy of Your Content or any other Content or Library Content, the failure to store, transmit or receive transmission of Your Content or any other Content or Library Content (whether or not processed by the Service), or the security, privacy, storage, or transmission of other communications originating with or involving use of the SOFTWARE PRODUCT or SOFTWARE or Service. Certain features of the SOFTWARE PRODUCT or SOFTWARE or Service enable you to specify the level at which the SOFTWARE PRODUCT or SOFTWARE or Service restrict access to your Content. You are solely responsible for applying the appropriate level of access to Your Content. You further agree to defend, indemnify and hold the Owners of Tarraaa!, its affiliates, subsidiaries, officers, directors, employees, consultants, agents, suppliers, licensors and resellers from any and all third party claims, whether foreign or domestic, and any and all liability, damages and/ or costs including, but not limited to, reasonable attorney fees, arising from Your use of the SOFTWARE PRODUCT or SOFTWARE and Your Content and the distribution of the same, Your violation of this TSLA, or the infringement or violation by You or any other user of the SOFTWARE PRODUCT or SOFTWARE, of any agreement of any kind or any intellectual property or other right, including but not limited to, patent, trademark, copyright or trade secret rights of any person or entity or any claims that may or are alleged to result in the invasion of privacy, slander, libel or for infringement on a person’s rights of publicity due to the publication or distribution of Your Content.

12.2 Ownership of Content and Library Content, License, and Restrictions.

(i) Title and intellectual property rights in and to any Content or Library Content, displayed by, reproduced, recorded or accessed through the SOFTWARE PRODUCT or SOFTWARE, belongs to the respective Content or Library Content owners. Such Content or Library Content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing or displaying such Content or Library Content. This TSLA does not grant You any rights to use such Content or Library Content other than as expressly indicated in the SOFTWARE PRODUCT or SOFTWARE, this TSLA or any Addendums to the same. The SOFTWARE PRODUCT or SOFTWARE may be used to reproduce or record Your Content so long as such use is limited to the reproduction of non-copyrightable Content, Content which You own the intellectual property rights in and to the same, or Content which You are authorized or legally permitted to reproduce, record or display.

(ii) By way of clarity, Tarraaa! and its suppliers and licensors hereby grant to You a non-exclusive, fully-paid and royalty-free, license to use, record, reproduce, distribute, publicly display, modify, create derivative works of, alter, copy, frame, link, archive, transmit, public perform, fix and otherwise use the Library Content in synchronism or time relation with images and use any mechanical or any other subsidiary rights related to the Library Content throughout the world as necessary to create Your Content in connection with Your use of the SOFTWARE PRODUCT or SOFTWARE or Service only, subject to any additional terms, conditions or restrictions as referenced in this section, section 22 and the Addendums set forth below.

(iii) Notwithstanding the non-exclusive license to the Library Content granted in 12.2 (ii) above,

(a) You shall not resell, market, distribute, sublicense, lease or rent the Library Content on a stand-alone basis (i.e., other than as part of the Your Content created in connection with Your use of the SOFTWARE PRODUCT or SOFTWARE or Service in any manner, including, without limitation, online auctions or on any other online or mobile or wireless or other storage media devices;

(b) You shall not use the Library Content other than in connection with the Tarraaa! software program or any upgrade or later version of the same. Your use of the Library Content in connection with any earlier version of the Tarraaa! software program is strictly prohibited;

(c) You shall not use the Library Content or any part thereof, as part of a trademark, service mark, trade name or logo;

(d) You shall not use the Library Content to compete with Tarraaa!;

(e) You shall not use the Library Content as part of a product, program or service or any electronic format intended for multiple distribution or licensing, including, without limitation, templates for web sites, software programs or services, video games and game consoles, etc.

(f) You shall not use the Library Content in any way that may be considered defamatory, pornographic, libelous, immoral, obscene, fraudulent or illegal, infringing upon any intellectual property rights of others or rights of publicity, an invasion of privacy or that would be reasonably likely to bring any person or property reflected in the Library Content into disrepute;

(g) You shall not remove any notice of copyright, trademark or other proprietary rights and/or notice imbedded in the Library Content;

(h) You shall not install or download the Library Content on a stand-alone basis (i.e. other than as a part of Your Content created in connection with Your use of the SOFTWARE PRODUCT or SOFTWARE or Service), in more than one location at a time or post a copy of the Library Content on a network server or web server for use by others;

(i) You shall not display the Library Content on a stand-alone basis (i.e. other than as a part of Your Content created in connection with Your use of the SOFTWARE PRODUCT or SOFTWARE or Service) in an electronic format that enables a Library Content to be downloaded or distributed via mobile devices or shared on a peer-to- peer or similar file sharing arrangements;

(j) You shall not use the Library Content in any manner which would give a false impression that Tarraaa! somehow endorsed, sponsored, approved or co-authored Your Content; and

(k) Any and all rights not specifically granted herein or in any additional terms, conditions or restrictions as referenced in this section, section 22 and the Addendums set forth below, are reserved by the Owners of Tarraaa! and/or its suppliers or licensors.

12.3 Your Representations and Warranties Regarding Your Content You represent and warrant that: (a) You are the owner, licensor, or authorized user of all Your Content; and (b) You will not upload, record, publish, post, link to, or otherwise transmit or distribute Content that:

  1. advocates, promotes, incites, instructs, assists or otherwise encourages violence or any illegal activities;
  2. infringes or violates the copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property rights of any third party or the Owners of Tarraaa!,  or any rights of publicity or privacy of any party, whether foreign or domestic;
  3. attempts to mislead others about your identity or the origin of a message or other communication, or impersonates or otherwise misrepresents Your affiliation with any other  person or entity, or is otherwise materially false, misleading, or  inaccurate;
  4. promotes, solicits  or  comprises inappropriate, harassing, abusive, profane, defamatory, libelous, threatening, hateful, obscene, indecent, vulgar,  pornographic  or  otherwise objectionable or unlawful content or activity;
  5. is harmful to minors;
  6. contains any viruses, Trojan horses, worms, time bombs, or any  other  similar software, data, or programs that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, Information, or property of another; or
  7. violates any law, statute, ordinance, or regulation (including without  limitation  the  laws  and regulations governing export control, unfair competition, anti-discrimination, or false advertising).

12.4 Use of Your Content with the Service. Again for clarity and as indicated in 12.2 of this TSLA, You retain all of Your ownership rights in Your Content. By submitting Content, specifically, without limitation, information for processing, which You acknowledge will be transmitted to the Owners of Tarraaa!’s servers for such processing, however, You hereby grant to the Owners of Tarraaa! an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license to reproduce, distribute, display, create derivative works of, and otherwise use Your Content, specifically, without limitation,  quiz and related content and/or data, throughout the world, as necessary to provide You with  the Service. In addition, You grant us the right to use such information and/or data to improve the quality of the Service. You also hereby grant each of Your viewers of Your Content, a non-exclusive license to access Your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under the Terms of Service associated with the Service. The above licenses granted by You in Your Content that You submit to the Service will terminate within a commercially reasonable time after You remove or delete Your Content from the Service. You understand and agree, however, that the Owners of Tarraaa! may retain, but not display, distribute, or perform, server copies of Your Content that have been removed or deleted. For further clarity, notwithstanding the license granted under this Section to 12.4, the Owners of Tarraaa! shall not use or promote any of your unlisted or private Content. Again, the Owners of Tarraaa! requires a license to use Your Content as indicated, in order to host Your Content on our site, for example, for You to be able to share Your Content with others.

12.5 Tarraaa!’s access to Your Content. You acknowledge that the Services are automated (e.g., Your Content is uploaded using software tools and the Owners of Tarraaa! servers) and that Tarraaa! personnel will not access, view, or listen to any of Your Content, except as reasonably necessary to perform the Services, including but not limited to, the following: (a) respond to support requests; (b) detect, prevent, or otherwise address fraud, security, or technical issues; (c) as deemed necessary or advisable by the Owners of Tarraaa! in good faith to conform to legal requirements or comply with legal process; or (d) enforce this TSLA, including investigation of potential violations hereof.

 

13. Survival.

The conditions, restrictions and obligations as contained in this TSLA which You have voluntarily agreed to shall survive any expiration, termination or cancellation of this TSLA, and shall continue and remain in effect to bind You, and Your employees, agents, successors, heirs and assigns.

 

14. Integration.

This TSLA and the applicable License Order and Addendums sets forth the entire Agreement and understanding between the parties as to the subject matter of this TSLA and supersedes all prior discussions, representations, and amendments of understandings of every kind and nature between them.

 

15.  Amendments.

Except as otherwise provided in this TSLA, this TSLA may be amended from time to time by the Owners of Tarraaa! only and only upon Tarraaa!’s release of a new version of the SOFTWARE PRODUCT or SOFTWARE. You must accept any newly amended terms and conditions of this TSLA before installing, copying or otherwise using the newly released SOFTWARE PRODUCT or SOFTWARE. Except as otherwise provided in this section 15 of this TSLA this TSLA may not be  amended, altered, or any of its provisions waived on behalf of either party, except in writing executed by both parties’ duly authorized agent. Notwithstanding the provisions of this section 15 (Amendments), the Owners of Tarraaa! may amend its Privacy Policy at any time by posting a new version of its Privacy Policy at its web site along with an outline of the changes to the Privacy Policy.

 

16. Assignability.

Except as otherwise expressly provided under this TSLA, this TSLA and the rights and duties under this TSLA may not be assigned by You without the prior written consent of the Owners of Tarraaa!.

 

17. Benefit.

This TSLA shall be binding upon and inure to the benefit of the Owners of Tarraaa! and its successors and assigns.

 

18. Captions.

Captions contained in this TSLA are inserted for reference and in no way define, limit, extend or describe the scope of the TSLA or intent of any provision in the TSLA.

 

19. Severability.

If any provision of this TSLA becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable, or void, this TSLA shall continue in full force and effect without said provision; provided, however, that no such severability shall be effective if it materially changes the economic benefit of the TSLA to the other party.

 

20. Authority to Accept.

You warrant and represent to the Owners of Tarraaa! this TSLA shall be binding upon You, and that the individual agreeing to be bound under the terms and conditions of this TSLA is authorized or has been empowered to do so.

 

21. Third party Beneficiary.

You acknowledge and agree that the Owners of Tarraaa!’s suppliers and licensors (and/or the Owners of Tarraaa! if You obtained the SOFTWARE PRODUCT or SOFTWARE from any party other than the Owners of Tarraaa!) are third party beneficiaries of this Agreement, with the right to enforce the obligations set forth herein with regard to the respective technology or Content of such suppliers, licensors and/or the Owners of Tarraaa!.

 

22. Third party Acknowledgement and Terms.

The SOFTWARE PRODUCT or SOFTWARE licensed under the terms and conditions of this TSLA may use or include third party components, Content, other copyrighted material, and/or open source software which may be subject to certain “open source” or ”free software” licenses (“Open Source Software”). Acknowledgments, licensing terms and additional disclaimers for such components, Content, or materials are contained in the “online” electronic documentation for the SOFTWARE PRODUCT or SOFTWARE, including without limitation, a 3rdPartyLicensing.txt file or may otherwise accompany the same, or are contained in Addendums to this TSLA, and Your use of such components, Content, other copyrighted material, and/or Open Source Software is governed by their respective terms and conditions and nothing in this TSLA limits your rights under or grants You rights that supersede the terms and conditions of any such applicable third party terms and conditions for such third party components, Content, other copyrighted material, and/or Open Source Software.

As stated above, paying the license fee for the software product without promptly requesting a refund of such fee or installing, copying, or otherwise using the software product, indicates your acceptance of this TSLA and your agreement to be bound by the terms and conditions of this TSLA as a licencee.

Tarraaa! Is a registered trademarks of the Owners, WAMIguide Ltd in the UK and other countries. All other trademarks are the property of their respective owners.

If you do not agree to the foregoing terms and conditions, you do not have a right to download, install or use the licensed software product or software.