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Attention: Please carefully read the following terms and conditions before using ActivatorDesk(tm),
related software, and internet services (collectively, 'Software'). The individual or entity using this Software (the 'User') agrees to be bound by this agreement. Your use of this Software and respective or related services by you indicates your acceptance in-full of this license agreement, service policies, terms of use, and limited warranty, posted herewith and publically upon our services websites. If you do not agree to all of these, do not use this Software or web sites or services and promptly notify R.Lee Heath (the 'Licensor' or 'Roger Lee Heath') at the address listed below and promptly remove the Software from any computers in use by you.
Copyright, Trademark, and Patent Pending Notices: ©1996-2001 by Roger Lee Heath. All rights reserved. Patent Pending. All text, images, graphics, animation, videos, music, sounds and other materials on our web sites and with this Software are subject to the copyrights and other intellectual property rights of R. Lee Heath, his affiliated companies or licensors. R. Lee Heath owns the copyrights in the selection, coordination and arrangement of the materials on the web sites and with the Software. These materials may not be copied for commercial use or distribution, nor
may these materials be modified or reposted to other sites without prior separate written permission and/or licensing.
The Software and all material contained in the web sites is protected by law, including but not limited to United States
copyright, trade secret, and trademark law, as well as other state, national,and international laws, treaties, and regulations.
Trademark Applied For. All trademarks displayed on our web sites are subject to the U.S. trademark rights of Roger Lee Heath, or are used under
agreement with affiliates. These trademarks include, but are not limited to, product brand names, model names, slogans,
and logos and emblems. The unauthorized use of any trademark displayed on this site or in this Software is strictly prohibited. This product
contains Macromedia Flash(tm) Player and/or Shockwave(tm) Software by Macromedia, Inc., Copyright © 1995-2001 Macromedia, Inc. All rights reserved. Macromedia and Flash and Shockwave are trademarks of Macromedia, Inc. Portions of this software use Interbase software from Inprise (Borland Software), and use must include compliance with Version 1.0 of the Public Software License for Interbase 6.0 Open. To view this license click
R. Lee Heath Privacy Practices: This document describes R. Lee Heath's policy regarding information received about you during visits to our web sites and use of our Software. The amount and type of information received depends on how you use our web sites and our Software.
You can visit Licensor’s web sites to read product and detailed information without telling us who you are and without revealing any personal information. The only information we collect and store during normal web site usage is the name of your Internet service provider, the web site that referred you to us, the pages you request and the date and time of those requests. We use this information to generate statistics and measure site activity to improve the usefulness of customer visits. During normal web site usage we do not collect or store any personally identifiable information such as name, mailing address, email address, phone number or social security number.
Internet and/or Software Users may decide to send R. Lee Heath personally identifying information, for example, in messages, or performing updates, or orders containing information relating to the Software products or services. R. Lee Heath will only use this
information to identify the User as a customer. software updater, or internet User and to determine how to respond to the electronic mail, update request, or order. We will not use this information other than to resolve the matter identified in the email or update request. This information will not be divulged to any third party except as may be required under applicable law enforcement procedures.
Children should always ask parents permission before sending any personal information to us, or anywhere
else on the Internet. Parents are encouraged to spend time online with their children to become familiar with
the types of content available through and over the Internet in general and to regularly oversee
their children's use of email and other online facilities. R. Lee Heath only accepts orders and information from adults
and not children. Children using our services or products occurs only through an authorization or order from an adult. R. Lee Heath is not responsible for minors who may fraudulently represent themselves as adults and User affirms that R. Lee Heath cannot be responsible for such.
From time to time our Software may be used to retrieve its version and registration information from our servers during voluntary software updating procedures. This is a one way 'street'. No private User information is sent from the Software User's computer in this process except that explicitly sent or authorized by the User. This process may allow the Software to make convenient and correct accelerated updates to itself and its databases, and to automatically manage its proper registration, and to manage the sending breaking news by email to the User only if requested by the User.
R. Lee Heath reserves the right to change this Privacy Policy. A revised Privacy Policy will only apply to data collected subsequent to its effective date. Any revisions will be posted at least 10 days prior to its effective date. The latest copy of this agreement, with all of its current or revised provisions, will be routinely posted at http://www.activatordesk.com/terms.htm
Software LICENSE AGREEMENT : Terms of Use:
The User is herewith granted by R. Lee Heath (the "Licensor") a limited, non-exclusive, non-transferable license with permission to do only the following seven things with the Software:
License:
- Use the software on a single terminal or a single workstation of a computer (or its replacement).
- Load the software into your computer's temporary memory (RAM).
- Install the software onto a permanent storage device (a hard disk drive).
- Make a single copy the Software for back-up purposes, provided the copy contains all of the original Software's proprietary notices and that it is only used for back-up purposes.
- Create printouts of output from the Software for your personal use only.
- User may install custom "skins", "themes", and "links" for personal use only on the one used single computer only.
- Distribute only UNALTERED copies of the original Software install program downloaded or uploaded directly from Licensor.
The Software is designed to firmly request registration at set intervals that increase over the period of use. It may be used
for 30 days without any such requests for registration, but afterwards registration is strongly recommended by automatic built-in requests by the Software to register it.
AntiPiracy Counter-Measures: Each Software program, when installed generates a unique machine hardware fingerprint or computer hardware inventory ID which is then used to process registration of the product for that unique machine or PC. This Machine ID contains no personal information such as name, address, email address, etc. The Software allows for minimal routine updates to the hardware and software of the machine without altering the machine ID or personal computer ID of that machine.
Only one registered copy of the Software may be used by only a related one identified machine or personal computer only. Discounts or reduced pricing for quantity or site licensed registrations are available at our web sites. Special site licenses include special volume pricing for home, business, government, and educational institutions.
Restrictions: The User may NOT sublicense, assign registered copies of this Software to others. The Software contains trade secrets. The User may not decompile, reverse engineer, disassemble, hack, improperly register or otherwise reduce the Software to human readable form. Registrations allow for normal minimal computer hardware upgrades, however if a machine is modified so much as to represent a new machine, a new registration will be required automatically by the program. User is not permitted to let other individuals to use the Software except pursuant to the terms and conditions of this Agreement. User is not permitted to copy the Software other than as specified above; rent, lease, grant a security interest in, or otherwise attempt to transfer rights to the Software. User is not permitted to remove or alter any proprietary notices or labels on the Software when creating permitted copies of the Software, or permitted printouts of the Software output.
If the User is an agency, department, or other entity of the United States Government ("Government"), User's use,
duplication, reproduction, release, modification, disclosure or transfer of the Software is restricted in accordance
with Federal Acquisition Regulation ("FAR") 12.212 for civilian agencies and Defense Federal Acquisition Regulation
Supplement ("DFARS") 227.7202 for military agencies. The Software is commercial. Use of the Software by any Government
agency, department, or other entity of the Government, is further restricted in accordance with the terms of this License,
or any modification hereto. Licensor is R. Lee Heath, 706 Elm Gate Drive, Glenview, Illinois 60025-4104 USA.
The Software is designed to accept customized "skins", "themes", and "links" (collectively, "Custom Content"). The User
may NOT copy or distribute any copies of the Software bundled with Custom Content on ANY Network or over the Internet or
through any other means without written authorization from the Licensor in the form of a separate written agreement or
license to do so. If more than one copy of the Software is used upon any private network or Intranet, each copy of the
Software in use on each computer of the private network must be registered accordingly with Licensor under a separate site
license program from Licensor.
Limited Warranty: Licensor warrants that, for sixty (60) days from the date of initial use by the
original User, the Software will operate substantially in accordance with the published functional specifications
current at the time of install. If, during the warranty period, a defect appears, the User shall return the Software to Licensor
and Licensor's only obligation shall be, at Licensor's election, to replace the defective Software or refund the purchase price.
The User agrees that the foregoing constitutes the User's sole and exclusive remedy for breach by Licensor under any
warranties made under this agreement. This warranty does not cover any software that is alpha or beta test software or has been altered or changed in any way by any one other than Licensor and does not cover any computer substantially changed or upgraded so as to cause the Software to be properly unregistered. Licensor is not responsible for problems associated with or caused by incompatible operating systems or computer hardware equipment or for problems in the interaction of the Software with software not furnished by Licensor.
No oral or written information or advise given by Licensor or its dealers, distributors, employees or agents,
shall in any way extend, modify, or add to the foregoing warranty.
THE WARRANTY AND REMEDY PROVIDED ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE USER ASSUMES ALL
RISK AS TO THE SUITABILITY, QUALITY, AND PERFORMANCE OF THE SOFTWARE. IN NO EVENT WILL LICENSOR, OR ITS DIRECTORS,
OFFICERS, EMPLOYEES, OR AFFILIATES, BE LIABLE TO THE USER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR
EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR
BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR ACCOMPANYING WRITTEN
MATERIALS, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LICENSOR'S LIABILITY TO USER (IF ANY) FOR ACTUAL DIRECT DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF
THE ACTION, WILL BE LIMITED TO, AND IN NO EVENT SHALL EXCEED, THE AMOUNT ORIGINALLY PAID TO LICENSOR FOR THE LICENSE
OF THE SOFTWARE.
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Good computing and data processing procedures dictate that any program be thoroughly tested with non-critical data before
relying on it. Because the product is a security product that firmly restricts computer access, all critical data
should be backed up separately before and after use ROUTINELY. The Software is intended to only help to prevent computer security
problems, not eliminate the risks of security or other computer related problems. All networks and software are ultimately vulnerable to successful hacking by a competent computer hacker. The User must assume the entire risk of using the Software. NO WARRANTY IS HERE GIVEN REGARDING COMPUTER SECURITY OR SAFETY. ANY LIABILITY OF THE LICENSOR WILL BE LIMITED EXCLUSIVELY TO PRODUCT
REPLACEMENT OR REFUND OF THE PURCHASE PRICE. The User assumes the exclusive role of determining suitability of the Software
for use, complete responsibility for its installation, use, maintenance, and results obtained from the use of the Software and thus User is also solely responsible for all procedures for adequate separate recording of access passwords or related information. Like Microsoft Windows itself, the Software is designed to firmly restrict access to ONLY those properly entering a functioning password and related account information. The Licensor is not responsible for potentially destructive user tampering or alterations to the Software, or its configurations, for recovery of lost passwords for its or the users access to his or her computer(s), or for corruption of data by the computer(s) upon which it is installed.
Ownership: The User owns the disk to which the Software has been recorded, but Licensor retains exclusive ownership of all copies of the Software itself.
Beta Software: Beta software versions are distributed for feedback and testing purposes. R. Lee Heath does not provide technical support for beta products unless registrations of software are purchased. Primary support for all products, both registered and unregistered, may be accessed publically in the public website software forums provided by R. Lee Heath. This software is for advanced users who regularly test pre-release software. If you are unsure of whether this accurately describes you, R. Lee Heath recommends that you do NOT download this software. If you choose to install this software, R. Lee Heath recommends that you install it in a test environment and not on a primary computer or operating system. Create a backup of any important files before installing. Beta files provided may not contain all features advertised or the features may not work or be enabled.
Internet Services: The Software may utilize internet connections and servers to perform search and email and other functions (the "Internet Services"). Use of this Software and these services implies the acceptance of R. Lee Heath separately listed internet services Terms of Service (TOS) and Acceptable Use Policy (AUP) displayed publically on the internet at http://www.activatormail.com/tos.htm and http://www.activatormail.com/aup.htm are considered a part of this agreement.
Internet Services Disclaimer of Warranty: Licensor makes no warranties, expressed or implied, regarding services provided. R. Lee Heath is not responsible for any damages suffered from the use of our services, including but not limited to, loss of data, service interruptions and/or delays, or third party litigation. R. Lee Heath is not responsible for any loss you suffer resulting from delays, improper or incomplete delivery of information, possible 'computer viruses' or interruption or period of interruption of service, regardless of cause. Servers are sometimes intentionally taken down momentarily for routine maintenance, upgrades, backups, server or power failures or hazards, and hardware add ons or upgrades, replacements, or improvements. as with normal operations by R. Lee Heath and most other internet providers. R. Lee Heath cannot control failures of other networks outside our control and connected to the Internet and cannot be responsible for any such failures.
Submissions to R. Lee Heath: By transmitting any suggestions, information, material, "skins,", "themes", "links" or
other content (collectively, "content") to R. Lee Heath, you (a) represent and warrant that such content does not infringe
the intellectual property or proprietary rights of any third parties (including but not limited to patents, copyrights,
trade secret, or trademark rights) and that you have all rights necessary to convey such content to R. Lee Heath, and
(b) automatically grant to Roger Lee Heath the royalty-free, perpetual, irrevocable, non-exclusive right and license to
use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit,
perform and display such content (in whole or part) worldwide and/or to incorporate it in other works in any form, media,
or technology now known or later developed for the full term of any rights that may exist in such content. Further,
Roger Lee Heath is free to use any ideas, concepts, know-how, techniques, and suggestions contained in any content or
communications you send to Roger Lee Heath for any purpose whatsoever, including but not limited to creating,
manufacturing, and marketing products and/or services using such information.
Creation of Themes, Skins, and Links: The Software permits you to create, display, and post unique "skins",
"themes" and "links" to be used in connection with the Software. You agree that you shall not create, display, or post
any skins, themes, or links that contain or include (a) nudity or pornographic material of any kind, including but not
limited to material that exploits children or minors; (b) material that is offensive to the online community, including
expressions of bigotry, prejudice, racism, hatred, or profanity; (c) material or information about illegal activities or
which promotes harm, injury, or any act of cruelty to persons, property, or animals; (d) defamatory or libelous statements
about any person or group; or (e) material which infringes the intellectual property or proprietary rights of any third
parties as referenced above.
Third Party Materials, Software or Services: Regarding third party materials from Licensor you acknowledge and
agree that the these features and materials provided by users and other third parties, including but not limited to
user-submitted "links", "themes", "schemes", and "skins." R. Lee Heath makes no representation with respect to, nor does it
guarantee or endorse the quality, safety, noninfringement, accuracy, completeness, timeliness, reliability, or correct
sequencing of, such third party materials or any other materials which such third party materials may access. R. Lee
Heath expressly disclaims responsibility and liability for all third-party provided materials contained on or
accessed through its web sites or with the Software.
Third Party Software or Services: You acknowledge that the Software may incorporate software provided to
Licensor by third parties that was not written or developed by Licensor or that the Software as provided by Licensor or
as configured by you may access or be used to access services provided by third parties not controlled by Licensor
("Third Party Software or Services"). Without in any way limiting the generality of the foregoing sections, and anything
to the contrary in this Agreement notwithstanding, Licensor shall have no liability or responsibility for the operation or
performance of the Third Party Software or Services and shall not be liable for any damages, costs, or expenses, direct
or indirect, arising out of the performance or failure to perform of the Third Party Software or Services, or from
any claims that the Third Party Software or Services or the use thereof infringes the copyright or other proprietary
rights of any third party. LICENSOR MAKES NO WARRANTIES OF ANY KIND WHATSOEVER, AND DISCLAIMS ALL WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT IN CONNECTION WITH SUCH THIRD PARTY SOFTWARE
OR SERVICES. You acknowledge and agree that your rights in such Third Party Software or Services may be subject to the
terms (including the termination provisions thereof) of any license or other agreement, if any, pursuant to which
Licensor has acquired the right to distribute or provide access to the Third Party Software or Services, and Licensor
specifically reserves the right to modify or remove such Third Party Software or Services and to terminate all of
your rights to such Third Party Software or Services under this Agreement at any time. You agree to cooperate with
Licensor and to take all necessary actions for any such modification or removal of Third Party Software or Services
by Licensor contemplated by the foregoing.
Web Site Linking: The Software contains a browser which provides links to other sites on the World Wide Web for
your convenience in locating related information and services. These sites are maintained by third parties over which
Licensor exercises no control, and accordingly Licensor expressly disclaims any responsibility for the content, changes to
the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these
third-party Web sites. Licensor has not reviewed all sites linked to the these web sites and is not responsible for the
contents of any off-site pages or any other sites linked to the web site, or which may be accessed using the Software.
Export Control Laws: Software available on the Licensor web site is subject to United States export controls. No
software from this site may be downloaded or otherwise exported or re-exported: (1) into (or to a national or resident of)
Cuba, Iraq, Libya, Sudan, North Korea, Iran, or any other country to which the United States has embargoed goods; or (2)
to anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce
Department's Table of Denial and Prohibition Orders.
By downloading or using the Software, you are agreeing to the foregoing and all applicable export control laws.
You are also warranting that you are not under the control of, located in, or a resident or national of any such country
or on any such list.
Termination: This license is effective until terminated. This license will terminate immediately without
notice from Licensor if the User fails to comply with any of its provisions. Upon termination the User must
destroy all copies of the Software recorded on his or associates file storage media, and the User may terminate
this License agreement at any time by doing so. This will in no way exempt the User of legal obligations listed
under Copyright, Trademark, and Patent Pending issues and rights listed above.
General: This agreement shall be governed by and construed in accordance with the laws of the State of
Illinois and the United States of America, and inure to the benefit of Licensor and User and their successors,
assigns, and legal representatives. If any provision of this License is held by a Court of competent jurisdiction
to be invalid or unenforceable to any extent under applicable law, that provision will be enforced to the maximum extent
possible, and the remaining provisions of this License will remain in full force and effect. To the extent that it may
otherwise be applicable, the parties hereby expressly agree to exclude from the operation of this Agreement the
United Nations Convention on Contracts for the International Sale of Goods, concluded at Vienna, on April 11th 1980,
as amended and as may be amended further from time to time.
Any questions or notices about this agreement, policies, or terms of service should be directed in writing to:
R. Lee Heath, 706 Elm gate Drive, Glenview, Illinois 60025-4104 USA, or you may email us at
support@activatordesk.com.
This agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and all prior
proposals, agreements, representations, statements, and undertakings are hereby expressly cancelled and superceded.
This Agreement may not be changed or amended except by written instrument executed by a duly authorized officer or
Licensor.
Acknowledgement: By installing ActivatorDesk(tm), or the Software, THE USER ACKNOWLEDGES THAT IT HAS READ THIS LICENSE,
UNDERSTANDS IT, AND AGREES TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS. Should you have any questions concerning this License,
contact Licensor at the address set forth above.
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