License Agreement

SaaS Agreement

APPLICATION OF TERMS
1. This legal document is an Agreement between you, the end user, and eGrabber Inc. (THE COMPANY). By accessing and using this service, you are agreeing to become bound by the terms of this agreement, which includes access and usage of the software as a service and disclaimer of warranty. Where your access and use is on behalf of another person (eg a company), you confirm that you are authorized to, and do in fact, agree to these terms on that person’s behalf and that, by agreeing to these terms on that person’s behalf, that person is bound by these terms,
2. If you do not agree to these Terms, you are not authorized to access and use the Service, and you must immediately stop doing so
3. This agreement constitutes the complete agreement between you and THE COMPANY.
CHANGES
1. Subject to clause 2.3:
  - WE MAY CHANGE THESE TERMS AT ANY TIME BY NOTIFYING YOU OF THE CHANGE BY EMAIL OR BY POSTING A NOTICE ON THE WEBSITE; AND
  - UNLESS STATED OTHERWISE, ANY CHANGE TAKES EFFECT FROM THE DATE SET OUT IN THE NOTICE.
2. You are responsible for ensuring you are familiar with the latest Terms.
3. If a change to these Terms is detrimental to you, you may terminate these Terms and your right to access and use the Service on no less than [10] days’ notice, provided the notice is received by us before the date that the change takes effect. If you give notice under this clause 2.3, the previous version of the Terms will apply to your access to and use of the Service during the notice period. If you do not exercise your termination right under this clause, and you continue to access and use the Service from the date on which the Terms are changed, you agree to be bound by the changed Terms.
INTERPRETATION
In these Terms:

Confidential Information means any information that is not public knowledge and that is obtained from the other party in the course of, or in connection with, the provision and use of the Service. Our Confidential Information includes Intellectual Property owned by us (or our licensors), including the [insert name] Software. Your Confidential Information includes the Data.

Data means all data, content, and information (including personal information) owned, held, used or created by you or on your behalf that is stored using, or inputted into, the Service.

Fees means the applicable fees set out on our pricing page on the Website at [insert link] or as agreed otherwise in writing between you and us, as may be updated from time to time in accordance with clause 8.4.

Force Majeure means an event that is beyond the reasonable control of a party, excluding:
- an event to the extent that it could have been avoided by a party taking reasonable steps or reasonable care; or
- a lack of funds for any reason
Including and similar words do not imply any limit.

Intellectual Property Rights includes copyright and all rights existing anywhere in the world conferred under statute, common law or equity relating to inventions (including patents), registered and unregistered trade marks and designs, circuit layouts, data and databases, confidential information, know-how, and all other rights resulting from intellectual activity. Intellectual Property has a consistent meaning, and includes any enhancement, modification or derivative work of the Intellectual Property.

Objectionable includes being objectionable, defamatory, obscene, harassing, threatening, harmful, or unlawful in any way.

A party includes that party’s permitted assigns.

Permitted Users means your personnel who are authorized to access and use the Service on your behalf in accordance with clause 5.3.

A person includes an individual, a body corporate, an association of persons (whether corporate or not), a trust, a government department, or any other entity.

Personal information means information about an identifiable, living person.

Service means the service having the core functionality described on the Website, as the Website is updated from time to time.

Software means the software owned by us (and our licensors) that is used to provide the Service.

Start Date means the date that you [set up an account / first access or use the Service].

Terms means these terms titled SaaS terms of use.

Underlying Systems means the Software, IT solutions, systems and networks (including software and hardware) used to provide the Service, including any third party solutions, systems and networks.

We, us or our means eGrabber Inc, of San Jose, CA, USA.

Website means the internet site at app.egrabber.com, or such other site notified to you by us.

Year means a 12-month period starting on the Start Date or the anniversary of that date.

You or your means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting.

Words in the singular include the plural and vice versa.

A reference to a statute includes references to regulations, orders or notices made under or in connection with the statute or regulations and all amendments, replacements or other changes to any of them.
PROVISION OF SERVICE
1. We will use reasonable efforts to provide the Service:
  - IN ACCORDANCE WITH THESE TERMS
  - EXERCISING REASONABLE CARE, SKILL AND DILIGENCE; AND
  - USING SUITABLY SKILLED, EXPERIENCED AND QUALIFIED PERSONNEL
2. Our provision of the Service to you is non-exclusive. Nothing in these Terms prevents us from providing the Service to any other person.
3. Subject to clause 4.4, We will use reasonable efforts to ensure the Service is available during normal business hours in USA. However, it is possible that on occasion the Service may be unavailable to permit maintenance or other development activity to take place, or in the event of Force Majeure. We will use reasonable efforts to publish on the Website and/or notify you by email advance details of any unavailability.
4. Through the use of web services and APIs, the Service interoperates with a range of third party service features. We do not make any warranty or representation on the availability of those features. Without limiting the previous sentence, if a third party feature provider ceases to provide that feature or ceases to make that feature available on reasonable terms, we may cease to make available that feature to you. To avoid doubt, if we exercise our right to cease the availability of a third party feature, you are not entitled to any refund, discount or other compensation.
YOUR OBLIGATIONS
1. You and your personnel must:
  - USE THE SERVICE IN ACCORDANCE WITH THESE TERMS SOLELY FOR:
    - your own internal business purposes;
    - lawful purposes (including complying with the laws related to Unsolicited Electronic Messages)
  - NOT RESELL OR MAKE AVAILABLE THE SERVICE TO ANY THIRD PARTY, OR OTHERWISE COMMERCIALLY EXPLOIT THE SERVICE.
2. When accessing the Service, you and your personnel must:
  - NOT IMPERSONATE ANOTHER PERSON OR MISREPRESENT AUTHORISATION TO ACT ON BEHALF OF OTHERS OR US;
  - CORRECTLY IDENTIFY THE SENDER OF ALL ELECTRONIC TRANSMISSIONS;
  - NOT ATTEMPT TO UNDERMINE THE SECURITY OR INTEGRITY OF THE UNDERLYING SYSTEMS;
  - NOT USE, OR MISUSE, THE SERVICE IN ANY WAY WHICH MAY IMPAIR THE FUNCTIONALITY OF THE UNDERLYING SYSTEMS OR IMPAIR THE ABILITY OF ANY OTHER USER TO USE THE SERVICE;
  - NOT ATTEMPT TO VIEW, ACCESS OR COPY ANY MATERIAL OR DATA OTHER THAN:
    - that which you are authorized to access; and
    - to the extent necessary for you to use the Service in accordance with these Terms; and
  - NEITHER USE THE SERVICE IN A MANNER, NOR TRANSMIT, INPUT OR STORE ANY DATA, THAT BREACHES ANY THIRD PARTY RIGHT (INCLUDING INTELLECTUAL PROPERTY RIGHTS AND PRIVACY RIGHTS) OR IS OBJECTIONABLE, INCORRECT OR MISLEADING.
3. Without limiting clause 5.2, no individual other than a Permitted User may access or use the Service. You may authorize any member of your personnel to be a Permitted User, in which case you must provide us with the Permitted User’s name and other information that we reasonably require in relation to the Permitted User. You must procure each Permitted User’s compliance with clauses 5.1 and 5.2 and any other reasonable condition notified by us to you. A breach of any of these Terms by your personnel (including, to avoid doubt, a Permitted User) is deemed to be a breach of these Terms by you.
4. You are responsible for procuring all licenses, authorizations and consents required for you and your personnel to use the Service, including to use, store and input Data into, and process and distribute Data through, the Service.
5. We are not affiliated or connected in any manner to any third-party web sites and search engines, including but not restricted to, online directories, listings, job boards, yellow pages and white pages directories. We recommend that you read license agreements of these third-party web sites and ensure you do not violate any Government Laws or rules of the third-party web sites before using the Software. You agree that we are not responsible for any such violations committed by you using the Software.
6. Our Software, should be viewed as a smart copy-paste tool that captures data that is in the public domain & web. We do not own the data we capture from web & public domain – as such we can’t offer any usage rights. Your company needs to make a determination as to what rights you have to data that you capture on the web and act accordingly.
7. We will not be liable if your web site or emails are blocked because of actions taken by this Software on your behalf. The Software could fail occasionally, even though it performs as expected most of the time. You are expected to monitor periodically to ensure the Software is performing as expected by you.
8. It is your responsibility to make sure you have the relevant email opt-in permissions, before using this Software to send emails.
9. We recommend that you acknowledge and agree to the Software usage limits as described in the product FAQs of our web site (www.egrabber.com). This includes, but not limited to, grabbing, appending and validating contact information. We will not be liable if your access, or the access of other users on your network, to third party web sites and search engines is blocked because of actions taken by this Software on your behalf. We caution that you use this Software in moderation. You should use it in much the same way as you would use an assistant who gets the data for you. Some third-party sites have daily limits on how many contacts you can grab per day or per given period. We recommend that you not to exceed such grabbing limits when using this Software. We are constantly optimizing the Software usage limits to provide the best usage for you. You acknowledge and agree that the Software usage limits will change from time to time without prior notice to you.
10. It is your responsibility to make sure you have the relevant rights to capture and store the data the way you plan to, before using this Software. Some web sites and portals prohibit the use of automated capture tools to capture data, and other sites place restrictions on how captured data can be used. This agreement expressly prohibits the use of this Software to capture data from such web sites and documents, as well as using such captured data in a manner where it is illegal to do so. We can offer you no opinions on the legality of capturing any data, even if capability to capture such data is included in this Software.
DATA
1. You acknowledge that :
  - WE MAY REQUIRE ACCESS TO THE DATA TO EXERCISE OUR RIGHTS AND PERFORM OUR OBLIGATIONS UNDER THESE TERMS; AND
  - TO THE EXTENT THAT THIS IS NECESSARY BUT SUBJECT TO CLAUSE 10, WE MAY AUTHORIzE A MEMBER OR MEMBERS OF OUR PERSONNEL TO ACCESS THE DATA FOR THIS PURPOSE.
2. You must arrange all consents and approvals that are necessary for us to access the Data as described in clause 6.1.
3. You acknowledge and agree that:
  - WE MAY :
    - use Data and information about your use of the Service to generate anonymized and aggregated statistical and analytical data (Analytical Data); and
    - use Analytical Data for our internal research and product development purposes and to conduct statistical analysis and identify trends and insights; and
    - supply Analytical Data to third parties;
  - OUR RIGHTS UNDER CLAUSE 6.3a ii AND 6.3a iii ABOVE WILL SURVIVE TERMINATION OR EXPIRY OF THESE TERMS; AND
  - TITLE TO, AND ALL INTELLECTUAL PROPERTY RIGHTS IN, ANALYTICAL DATA IS AND REMAINS OUR PROPERTY.
4. You acknowledge and agree that to the extent Data contains personal information, in collecting, holding and processing that information through the Service, we are acting as your agent for the purposes of any applicable privacy laws. You must obtain all necessary consents from the relevant individual to enable us to collect, use, hold and process that information in accordance with these Terms.
5. While we will take standard industry measures to back up all Data stored using the Service, you agree to keep a separate back-up copy of all Data uploaded by you onto the Service.
6. You agree that we may store Data (including any personal information) in secure servers in USA and may access that Data (including any personal information) in overseas territories of India and USA from time to time.
7. You indemnify us against any liability, claim, proceeding, cost, expense (including the actual legal fees charged by our solicitors) and loss of any kind arising from any actual or alleged claim by a third party that any Data infringes the rights of that third party (including Intellectual Property Rights and privacy rights) or that the Data is Objectionable, incorrect or misleading.
Recurring Payment Policy
1. Payment Authorization: By purchasing a subscription, you authorize eGrabber to automatically charge the payment method provided on your account on a recurring annual basis in accordance with the selected subscription plan.
2. Billing Cycle: Subscriptions will be billed on a recurring basis as per the subscription plan (annually).
3. Automatic Renewal: Your subscription will automatically renew at the end of each billing cycle unless you cancel it before the renewal date.
4. Cancellation Policy: You may cancel your subscription at any time before the renewal date to prevent future charges. Cancellation will take effect at the end of the current billing period.
5. Refunds: All subscription fees are non-refundable. If you cancel your subscription, you will continue to have access to the service until the end of your current annual cycle.
6. Payment Method Changes: You are responsible for ensuring that your payment method is valid and up-to-date. eGrabber reserves the right to suspend or terminate your subscription if we are unable to process your recurring payment.
7. Notification of Changes: eGrabber will notify you of any changes to the recurring payment terms via the email address associated with your account.
FEES AND REFUNDS
1. You must pay us the Fees
2. Unless otherwise specified in an Order and subject to the Product, or Support continuing to be generally available, a Subscription Term will automatically renew at Our then current rates for: (i) if Your prior Subscription was for a period less than twelve (12) months, another Subscription Term of a period equal to Your prior Subscription Term, or (ii) if Your prior Subscription Team was for twelve (12) months or more, twelve (12) months. Either party may elect not to renew a Subscription Term by giving notice to the other party before the end of the current Subscription Term. Customer must provide any notice of non-renewal through account settings in the Products, by contacting Our support team or by otherwise providing us notice.
3. If You use a credit card or similar online payment method for its initial Order, then we may bill that payment method for renewals, additional Orders, overages to scopes of use, and unpaid fees, as applicable.
4. We may increase the Fees by giving at least [30] days’ notice. If you do not wish to pay the increased Fees, you may terminate these Terms and your right to access and use the Service on no less than [10] days’ notice, provided the notice is received by us before the effective date of the Fee increase. If you do not terminate these Terms and your right to access and use the Service in accordance with this clause, you are deemed to have accepted the increased Fees.
5. We offer fully functional trial versions for the users to evaluate if the Software's functionality is suitable. As such, We have a 'no refund' policy. However, if there are extenuating circumstances where we determines some refund is due, the following formula will be used.
  - If subscription is based on total usage count of any type – No refund will be due if more than 30% of usage count was used. If the usage was less than 30%, the formula given below under "If subscription is NOT based on total usage count of any type" will be used. Example – if the subscription had a 4,000 annual limit. Refunds will be due only if usage was less than 1,200 (30% of 4,000).
  - If subscription is NOT based on total usage count of any type – For refund computation, the monthly usage cost will be computed at 33% of the annual published MSRP for the product. The entire annual subscription cost of the Software is amortized within the first 3 month term for computing the refund. No refund will be due under any circumstances upon expiration of 3 months. Only the unused portion of the first 3-month term will be eligible for a refund. The term of usage is assumed to begin on the date the Software was first accessed or 10 days from date of subscription purchase, whichever is earlier and ends the day the refund requested. The annual subscription price paid by you will be taken as the basis for such calculation. Example – if the annual MSRP of the product was $3,495 (regardless of what you paid). Usage will be computed at $1,153 (33% of $3,495) for refund computation of unused amount. The usage amount will be deducted from the actual amount paid (not any listed price). No refund will be due for monthly subscriptions of any sort.
  - SUBSCRIPTION EXTENSION: For Prompt Reporting of Grab Failure - If "Grab" command, on a website you have been leveraging regularly, fails to grab the data we advertise, you will be eligible for subscription extension on the days you report While Not Working. No credit will be given if you report after the failure is fixed. To get an extension, you must send a written email to [email protected] with the exact URL and nature of failure you are currently experiencing. As a courtesy your Software subscription will be extended by the days you tried & reported as not working, if we can verify that the website is functional and all required data is provided but the failure is in the Software and is deemed fixable. (Some problems are not fixable such as text now appearing as image). You will receive written notification of subscription extension within 2 business days. You cannot claim subscription extension, if you do not report the problem in writing on days of attempted Grab usage and failure. We have no control on what content websites provide and in what formats they provide the data. They could provide different fields, present data in the form of images, information in several formats or information not accessible via copy command or place other restrictions. As part of this agreement, we are only committed to support sites, fields and formats as they existed and supported by the Software at time of your purchase. If you need support for substantially new formats, we might be able to develop custom drivers at an additional cost.
INTELLECTUAL PROPERTY
1. Subject to clause 10.2, title to, and all Intellectual Property Rights in, the Service, the Website, and all Underlying Systems is and remains our property (and our licensors’ property). You must not contest or dispute that ownership, or the validity of those Intellectual Property Rights.
2. Title to, and all Intellectual Property Rights in, the Data (as between the parties) remains your property. You grant us a worldwide, non-exclusive, fully paid up, transferable, irrevocable licence to use, store, copy, modify, make available and communicate the Data for any purpose in connection with the exercise of our rights and performance of our obligations in accordance with these Terms.
3. To the extent not owned by us, you grant us a royalty-free, transferable, irrevocable and perpetual licence to use for our own business purposes any know-how, techniques, ideas, methodologies, and similar Intellectual Property used by us in the provision of the Service.
4. If you provide us with ideas, comments or suggestions relating to the Service or Underlying Systems (together feedback ):
  - ALL INTELLECTUAL PROPERTY RIGHTS IN THAT FEEDBACK, AND ANYTHING CREATED AS A RESULT OF THAT FEEDBACK (INCLUDING NEW MATERIAL, ENHANCEMENTS, MODIFICATIONS OR DERIVATIVE WORKS), ARE OWNED SOLELY BY US; AND
  - WE MAY USE OR DISCLOSE THE FEEDBACK FOR ANY PURPOSE.
5. You acknowledge that the Service may link to third party websites or feeds that are connected or relevant to the Service. Any link from the Service does not imply that we endorse, approve or recommend, or have responsibility for, those websites or feeds or their content or operators. To the maximum extent permitted by law, we exclude all responsibility or liability for those websites or feeds.]
CONFIDENTIALITY
1. Each party must, unless it has the prior written consent of the other party:
  - KEEP CONFIDENTIAL AT ALL TIMES THE CONFIDENTIAL INFORMATION OF THE OTHER PARTY;
  - EFFECT AND MAINTAIN ADEQUATE SECURITY MEASURES TO SAFEGUARD THE OTHER PARTY’S CONFIDENTIAL INFORMATION FROM UNAUTHORISED ACCESS OR USE; AND
  - DISCLOSE THE OTHER PARTY’S CONFIDENTIAL INFORMATION TO ITS PERSONNEL OR PROFESSIONAL ADVISORS ON A NEED TO KNOW BASIS ONLY AND, IN THAT CASE, ENSURE THAT ANY PERSONNEL OR PROFESSIONAL ADVISOR TO WHOM IT DISCLOSES THE OTHER PARTY’S CONFIDENTIAL INFORMATION IS AWARE OF, AND COMPLIES WITH, CLAUSES 10.1a AND 10.1b.
2. The obligation of confidentiality in clause 10.1 does not apply to any disclosure or use of Confidential Information:
  - FOR THE PURPOSE OF PERFORMING A PARTY’S OBLIGATIONS, OR EXERCISING A PARTY’S RIGHTS, UNDER THESE TERMS;
  - REQUIRED BY LAW (INCLUDING UNDER THE RULES OF ANY STOCK EXCHANGE);
  - WHICH IS PUBLICLY AVAILABLE THROUGH NO FAULT OF THE RECIPIENT OF THE CONFIDENTIAL INFORMATION OR ITS PERSONNEL;
  - WHICH WAS RIGHTFULLY RECEIVED BY A PARTY FROM A THIRD PARTY WITHOUT RESTRICTION AND WITHOUT BREACH OF ANY OBLIGATION OF CONFIDENTIALITY; OR
  - BY US IF REQUIRED AS PART OF A BONA FIDE SALE OF OUR BUSINESS (ASSETS OR SHARES, WHETHER IN WHOLE OR IN PART) TO A THIRD PARTY, PROVIDED THAT WE ENTER INTO A CONFIDENTIALITY AGREEMENT WITH THE THIRD PARTY ON TERMS NO LESS RESTRICTIVE THAN THIS CLAUSE 10.
WARRANTIES AND REMEDIES, AND DISCLAIMERS
1. Each party warrants that it has full power and authority to enter into, and perform its obligations under, these Terms
2. SaaS Services. We warrant that during the Term the SaaS Services will perform substantially in accordance with the Documentation. As your exclusive remedy and our sole liability for breach of the warranty set forth in this Section 11.2, (i) we shall correct the non-conforming SaaS Services at no additional charge to Customer, or (ii) in the event we are unable to correct such deficiencies after good-faith efforts and within a commercially reasonable timeframe, you shall be entitled to terminate the applicable SaaS Services and we will refund you a pro-rata portion of any prepaid fees attributable to the defective SaaS Services paid by you to us from the date we received the notice contemplated in the next sentence. To receive warranty remedies, you must promptly report deficiencies in writing to us, but no later than ten (10) days of the first date the deficiency is identified by you. The warranty set forth in this Section 11.2 shall apply only if the applicable SaaS Services has been utilized in accordance with the Documentation, this SaaS Agreement, and applicable law.
3. DISCLAIMER:. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 11 AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, ACCURACY OF INFORMATIONAL CONTENT, SYSTEMS INTEGRATION, NON-INFRINGEMENT, NON-INTERFERENCE WITH ENJOYMENT OR OTHERWISE. WE DO NOT WARRANT THAT THE SAAS SERVICES WILL BE ERROR FREE OR UNINTERRUPTED. WE MAKE NO WARRANTY REGARDING ANY NON- EGRABBER APPLICATION WITH WHICH THE SAAS SERVICES MAY INTEROPERATE. THE LIMITED WARRANTIES PROVIDED IN THIS SECTION 11 ARE THE SOLE AND EXCLUSIVE WARRANTIES PROVIDED TO CUSTOMER IN CONNECTION WITH THE SUBJECT MATTER OF THIS SAAS AGREEMENT.
LIABILITY
1. Our maximum aggregate liability under or in connection with these Terms or relating to the Service, whether in contract, tort (including negligence), breach of statutory duty or otherwise, must not in any Year exceed an amount equal to the Fees paid by you relating to the Service in the previous Year (which in the first Year is deemed to be the total Fees paid by you from the Start Date to the date of the first event giving rise to liability). The cap in this clause 12.1 includes the cap set out in clause 11.2.
2. Neither party is liable to the other under or in connection with these Terms or the Service for any:
  - LOSS OF PROFIT, REVENUE, SAVINGS, BUSINESS, USE, DATA (INCLUDING DATA), AND/OR GOODWILL; OR
  - CONSEQUENTIAL, INDIRECT, INCIDENTAL OR SPECIAL DAMAGE OR LOSS OF ANY KIND
3. Clauses 12.1 and 12.2 do not apply to limit our liability under or in connection with these Terms for:
  - PERSONAL INJURY OR DEATH;
  - FRAUD OR WILFUL MISCONDUCT; OR
4. Clause 12.2 does not apply to limit your liability:
  - TO PAY THE FEES;
  - UNDER THE INDEMNITY IN CLAUSE 6.7; OR
  - FOR THOSE MATTERS STATED IN CLAUSE 12.3a TO 12.3c
5. Neither party will be responsible, liable, or held to be in breach of these Terms for any failure to perform its obligations under these Terms or otherwise, to the extent that the failure is caused by the other party failing to comply with its obligations under these Terms, or by the negligence or misconduct of the other party or its personnel
6. Each party must take reasonable steps to mitigate any loss or damage, cost or expense it may suffer or incur arising out of anything done or not done by the other party under or in connection with these Terms or the Service.
7. LIMITATION OF LIABILITY - IN NO EVENT WILL EITHER PARTY OR ITS SUPPLIERS BE LIABLE TO THE OTHER FOR ANY DAMAGES, CLAIMS, OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. EACH PARTY'S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO A MAXIMUM AMOUNT OF USD100.
TERM, TERMINATION AND SUSPENSION
1. Unless terminated under this clause 13, these Terms and your right to access and use the Service:
  - STARTS ON THE START DATE; AND
  - CONTINUES UNTIL A PARTY GIVES AT LEAST 30 DAYS’ NOTICE THAT THESE TERMS AND YOUR ACCESS TO AND USE OF THE SERVICE WILL TERMINATE ON THE EXPIRY OF THAT NOTICE.
2. Subject to clauses 2.3 and 8.4, if the subscription option you have selected includes a minimum initial term, the earliest date for termination under clause 13.1 will be the expiry of that initial term.]
3. Either party may, by notice to the other party, immediately terminate these Terms and your right to access and use the Service if the other party:
  - BREACHES ANY MATERIAL PROVISION OF THESE TERMS AND THE BREACH IS NOT:
    - remedied within 10 days of the receipt of a notice from the first party requiring it to remedy the breach; or
    - capable of being remedied; or
  - BECOMES INSOLVENT, LIQUIDATED OR BANKRUPT, HAS AN ADMINISTRATOR, RECEIVER, LIQUIDATOR, STATUTORY MANAGER, MORTGAGEE’S OR CHARGEE’S AGENT APPOINTED, BECOMES SUBJECT TO ANY FORM OF INSOLVENCY ACTION OR EXTERNAL ADMINISTRATION, OR CEASES TO CONTINUE BUSINESS FOR ANY REASON
4. You may terminate these Terms and your right to access and use the Service in accordance with clauses 2.3 and 8.4.
5. We reserve the right to automatically suspend or terminate this agreement where it is no longer viable to support you, at our sole discretion. You will be eligible for refund only for the unused amount of your subscription based on the formula stated in 8.5.
6. Termination of these Terms does not affect either party’s rights and obligations that accrued before that termination.
7. On termination of these Terms, you must pay all Fees for the provision of the Service prior to that termination.
8. No compensation is payable by us to you as a result of termination of these Terms for whatever reason, and you will not be entitled to a refund of any Fees that you have already paid.
9. Except to the extent that a party has ongoing rights to use Confidential Information, at the other party’s request following termination of these Terms but subject to clause 13.9, a party must promptly return to the other party or destroy all Confidential Information of the other party that is in the first party’s possession or control.
10. At any time prior to one month after the date of termination, you may request:
  - A COPY OF ANY DATA STORED USING THE SERVICE, PROVIDED THAT YOU PAY OUR REASONABLE COSTS OF PROVIDING THAT COPY. ON RECEIPT OF THAT REQUEST, WE MUST PROVIDE A COPY OF THE DATA IN A COMMON ELECTRONIC FORM. WE DO NOT WARRANT THAT THE FORMAT OF THE DATA WILL BE COMPATIBLE WITH ANY SOFTWARE; AND/OR
11. Without limiting any other right or remedy available to us, we may restrict or suspend your access to and use of the Service and/or delete, edit or remove the relevant Data if we consider that you or any of your personnel have:
  - UNDERMINED, OR ATTEMPTED TO UNDERMINE, THE SECURITY OR INTEGRITY OF THE SERVICE OR ANY UNDERLYING SYSTEMS;
  - USED, OR ATTEMPTED TO USE, THE SERVICE:
    - for improper purposes; or
    - in a manner, other than for normal operational purposes, that materially reduces the operational performance of the Service;
  - TRANSMITTED, INPUTTED OR STORED ANY DATA THAT BREACHES OR MAY BREACH THESE TERMS OR ANY THIRD PARTY RIGHT (INCLUDING INTELLECTUAL PROPERTY RIGHTS AND PRIVACY RIGHTS), OR THAT IS OR MAY BE OBJECTIONABLE, INCORRECT OR MISLEADING; OR
  - OTHERWISE MATERIALLY BREACHED THESE TERMS
    - for improper purposes; or
    - in a manner, other than for normal operational purposes, that materially reduces the operational performance of the Service;
DISCLAIMERS
1. DISCLAIMER ON ACCURACY - We do not guarantee results found by this Software to be 100% accurate. These results are only our Software's best guess based on information analyzed at the time of search. This Software does not conduct an extensive search or analysis of all available information on the Internet. The Software only conducts analysis on a small sample of documents to make a guess. One reason why this Software cannot guarantee accurate results is because there are many similar names of people, universities, hospitals, companies, cities, locations and institutions. It is quite possible that two people can have similar foot prints of contact information on the Internet. As such, it is sometimes difficult to distinguish which contact information corresponds to each person. You are advised not to use the results AS IS. We recommend that you verify through alternate channels the validity of data being provided by the Software before using it in any manner. The results found by this Software may seem inconsistent for the same search conducted at different times. The Software relies on various search engines and web sites to aggregate information from the Internet. We do not control the data on these search engines and third-party web sites. As such, the Software will not be able to guarantee the same results at all points of time. We are constantly innovating to provide the best possible experience for you. You acknowledge and agree that the form and nature of the results provided and the user interface will change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that we may stop (permanently or temporarily) supporting the Software (or any features within the Software) at our sole discretion, without prior notice to you. You may stop using the Software at any time by unregistering the Software and informing us. You will be entitled to a refund as per the refund policy set forth in this document.
GENERAL
1. Neither party is liable to the other for any failure to perform its obligations under these Terms to the extent caused by Force Majeure.
2. No person other than you and us has any right to a benefit under, or to enforce, these Terms.
3. For us to waive a right under these Terms, that waiver must be in writing and signed by us.
4. Subject to clause 6.4, we are your independent contractor, and no other relationship (e.g. joint venture, agency, trust or partnership) exists under these Terms.
5. These Terms, and any dispute relating to these Terms or the Service, are governed by and must be interpreted in accordance with the laws of California State, USA. Each party submits to the non-exclusive jurisdiction of the Courts of Santa Clara County, California, USA in relation to any dispute connected with these Terms or the Service.
6. Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 6.7, 9, 10, 12, 13.6 to 13.9 and 14.6, continue in force.
7. If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
8. Subject to clauses 2.1 and 8.4, any variation to these Terms must be in writing and signed by both parties.
9. These Terms set out everything agreed by the parties relating to the Service, and supersede and cancel anything discussed, exchanged or agreed prior to the Start Date. The parties have not relied on any representation, warranty or agreement relating to the Service that is not expressly set out in these Terms, and no such representation, warranty or agreement has any effect from the Start Date.
10. You may not assign, novate, subcontract or transfer any right or obligation under these Terms without our prior written consent, that consent not to be unreasonably withheld. You remain liable for your obligations under these Terms despite any approved assignment, subcontracting or transfer.

If you have any questions concerning this Agreement, or if you desire to contact us for any reason, please contact in writing.

eGrabber, Inc
1340 S. De Anza Blvd Ste 106
San Jose, CA 95129

Email: [email protected]

Software End-User License Agreement

(Software EULA)

This legal document is an Agreement between you, the end user, and eGrabber (THE COMPANY). By signing this Agreement, you are agreeing to become bound by the terms of this agreement, which includes a software license and disclaimer of warranty.

This agreement constitutes the complete agreement between you and THE COMPANY.

TERMS USED
"Subscription-License-Software" refers to Software whose license expires after the subscription period.
"Non-Subscription-License-Software" refers to Software that don't have a license expiry date.
"Software" or "Product" refers to both Subscription-License-Software & Non-Subscription-License-Software.

Each of the above licenses has different rights as explained in this Agreement.
1. GRANT OF LICENSE FOR SUBSCRIPTION-LICENSE-SOFTWARE - THE COMPANY grants to you, the Licensee, and your affiliates a worldwide, royalty free non-exclusive right to use the computer program (the "Software") provided hereunder and updated from time to time in accordance with the terms set forth in this agreement (the "Agreement"). The license allows you to use the Subscription-License-Software for the period subscribed by you (one month, three months, six months or one year).
2. GRANT OF LICENSE FOR NON-SUBSCRIPTION-LICENSE-SOFTWARE - THE COMPANY grants to you, the Licensee, and your affiliates a worldwide, royalty free non-exclusive right to use the computer program (the "Software") provided hereunder and updated from time to time in accordance with the terms set forth in this agreement (the "Agreement").
OWNERSHIP OF SOFTWARE - THE COMPANY retains title and ownership of the Software recorded on the original media and all subsequent copies of the Software.
COPY RESTRICTIONS - The Software and accompanying written materials are copyrighted. Unauthorized copying of any part of the Software or of any accompanying written material is expressly forbidden. However, you may make a reasonable number of copies of the Software and accompanying documentation for your personal backup purposes.
BACKUP THIS SOFTWARE - IT IS YOUR RESPONSIBILITY TO MAINTAIN A BACKUP COPY OF THIS SOFTWARE ON ANOTHER PC OR ON A CD, FOR USE IN THE EVENT OF CATASTROPHIC LOSS SUCH AS HARD DISK CRASH OR LOSS OF YOUR WORKING PC IN ANY OTHER MANNER. As a courtesy, THE COMPANY will maintain links to download Non-Subscription-License-Software that were sold in the past 365 days on THE COMPANY’S support web page. If the version of Non-Subscription-License-Software you purchased is not on the support web page, you will be able to purchase the latest version at the published upgrade price for the Non-Subscription-License-Software, after you provide proof of owner of the original Non-Subscription-License-Software.
TRANSFER RESTRICTIONS - This Software is licensed only to you, and you agree that you will not transfer, rent, loan, sub-license or host the Software without the prior written consent of THE COMPANY. You may only make a one-time permanent transfer of the Software in its entirety to another end user, provided you retain no copies and you transfer all of the Software including all component parts, media and printed materials, upgrades, this license agreement AND the recipient agrees to the terms of this license agreement.
TERMINATION OF LICENSE - The License will terminate automatically without notice from THE COMPANY if you fail to comply with any provision of this agreement or if you use this Software in a manner that you violate any local, state or federal laws; even if capability to undertake such activity is included in this Software.If you are subscribed to an automatic payment or automatic renewal option, either party can provide 30 days (for one year subscription) or 7 days (for one month subscription) written notice before the end of subscription period to terminate the agreement. If you are not on auto renewal or auto payment, your Software will stop working at the end of the subscription period. You will have to purchase new Software to continue using the program. Upon termination, you must destroy the accompanying written materials and all copies of Software. When your subscription expires you should assume - eGrabber will remove your account completely from our servers and all access to tools on server and your PC. Upon letting your license expire, you will lose all unused appends, unused capabilities and all user configuration details. Upon letting your license expire you will not have access to software on any system and will not have access to any data and lists that is stored in your application. If you are planning to let your license expire, it is important you extract and save all data you want to access in the future. Renewing a license after expiry may not result in getting access to deleted data and configurations.
WARRANTY
General Warranties. THE COMPANY warrants that: (i) it is duly organized and validly existing under the laws of its state of organization and has full right, power, and authority to enter into and perform its obligations under this Agreement; (ii) it is not and will not be bound by any agreement, nor has it assumed or will it assume, any obligation, which would in any way be inconsistent with or breached by THE COMPANY'S performance of its obligations under this Agreement; (iii) it has obtained all necessary licenses, permits, and other requisite authorizations, has taken all actions required by applicable laws or governmental regulations in connection with its business as now conducted and its ability to perform its obligations under this Agreement; and (iv) it has complied with or will comply with all applicable international, federal, state, local laws and ordinances now or hereafter enacted, including data protection and privacy laws. Performance Warranty. For a period of ninety (90) days after you accept the Software (the "Software Warranty Period"), THE COMPANY represents and warrants that the Software shall be free from any failure to conform to the accompanying documentation (an "Error"). No Worms, Bombs or Backdoors. THE COMPANY represents and warrants that no component of any of the Software provided by THE COMPANY hereunder includes any virus or any feature or function that may enable THE COMPANY or any third party: (i) to discontinue your effective use of any such Software or any data provided by THE COMPANY; (ii) to erase, destroy, corrupt or modify any of your data without your consent; (iii) to bypass any internal or external software security measure to obtain access to your data without your consent or knowledge; or (iv) to replicate, transmit, or activate any Software or data without control of a person operating the computing equipment on which it resides THE COMPANY shall immediately provide to you written notice in reasonable detail upon becoming aware of the existence of any computer virus or any of the foregoing features or functions contained in the Software. In the event THE COMPANY discovers the existence of any virus in the Software, THE COMPANY shall use its best efforts to cooperate with you, at THE COMPANY'S expense, to effect the prompt removal of the same from the Software and repair any files or data corrupted thereby. ALL IMPLIED WARRANTIES ARE EXPRESSLY DISCLAIMED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
REVERSE ENGINEERING - You may not yourself or through a third party reverse engineer, decompile or disassemble the Software except, and only to the extent such activity is expressly permitted by applicable laws notwithstanding this limitation.
PARTIAL USE - This Software may not be used to develop a competitive product without express written consent from THE COMPANY.
1. UPGRADES FOR SUBSCRIPTION-LICENSE-SOFTWARE - This license entitles you to free upgrades of the Subscription-License-Software for the subscription period. Following the upgrade, you may use the resulting upgraded Subscription-License-Software only in accordance with this license agreement and you may not sell or re-use the upgraded Subscription-License-Software or the original Subscription-License-Software.
2. UPGRADES FOR NON-SUBSCRIPTION-LICENSE-SOFTWARE - If this Non-Subscription-License-Software is issued as an upgrade, you must be properly licensed to use the Non-Subscription-License-Software identified by THE COMPANY as being eligible for the upgrade. Following the upgrade, you may use the resulting upgraded Non-Subscription-License-Software only in accordance with this license agreement and you may not sell or re-use the upgraded Non-Subscription-License-Software or the original Non-Subscription-License-Software.
1. UPDATES FOR SUBSCRIPTION-LICENSE-SOFTWARE - Certain components of this Subscription-License-Software are required to be updated automatically from time to time due to changes in Address formats and Webpage formats which are not within THE COMPANY's control. This license entitles you to free updates of the Subscription-License-Software for the subscription period. These updates are designed to improve, enhance and further develop the Subscription-License-Software and may take the form of bug fixes, enhanced functions, new Software modules and completely new versions. You agree to receive such updates (and permit THE COMPANY to deliver these to you) as part of your use of the Subscription-License-Software. THE COMPANY will try to maintain the consistency of results by providing Subscription-License-Software updates as and when required. However, due to the dynamic nature of the Internet, THE COMPANY cannot guarantee that websites that are supported and/or accessible at the time of purchase will be supported and/or accessible in the future. THE COMPANY does not warrant to integrate with all views, formats and modes available in each of the websites or applications listed as being supported by the Subscription-License-Software. THE COMPANY does not promise to add all features that are technically feasible into the Subscription-License-Software. THE COMPANY will be the sole decision maker on what integrations to support and what features to add now and in the future. As long as it is technically feasible, THE COMPANY will try to support all features and integrations as provided when the Subscription-License-Software was purchased. If you need support for functionality that is not in the Subscription-License-Software on the day you purchased it, you can request for a price quote as a custom project. All development, testing, QA and project management costs will be added in the quote provided for such requests.
2. UPDATES FOR NON-SUBSCRIPTION-LICENSE-SOFTWARE - Certain components of this Non-Subscription-License-Software are required to be updated automatically from time to time due to changes in Address formats and Webpage formats which are not within THE COMPANY's control. You shall have the right to obtain Component Update(s) free of cost only for 90 Days. However, you can purchase subscription to Component update(s) for additional fee after the free period of 90 Days to continue receiving such updates, but for the subscribed period only. This License does not otherwise permit the licensee to obtain and use Component Updates. These updates are designed to improve, enhance and further develop the Non-Subscription-License-Software and may take the form of bug fixes, enhanced functions, new Software modules and completely new versions. You agree to receive such updates (and permit THE COMPANY to deliver these to you) as part of your use of the Non-Subscription-License-Software. THE COMPANY will try to maintain the consistency of results by providing Non-Subscription-License-Software updates as and when required. However, due to the dynamic nature of the Internet, THE COMPANY cannot guarantee that websites that are supported and/or accessible at the time of purchase will be supported and/or accessible in the future. THE COMPANY does not warrant to integrate with all views, formats and modes available in each of the websites or applications listed as being supported by the Non-Subscription-License-Software. THE COMPANY does not promise to add all features that are technically feasible into the Non-Subscription-License-Software. THE COMPANY will be the sole decision maker on what integrations to support and what features to add now and in the future. As long as it is technically feasible, THE COMPANY will try to support all features and integrations as provided when the Non-Subscription-License-Software was purchased. If you need support for functionality that is not in the Non-Subscription-License-Software on the day you purchased it, you can request for a price quote as a custom project. All development, testing, QA and project management costs will be added in the quote provided for such requests.
RESERVATION OF RIGHTS - THE COMPANY reserves all rights not expressly granted to you in this license agreement.
LICENSE KEY DISCLOSURE - You may not disclose to any other person or organization your license key, unless you receive specific written consent to do so from THE COMPANY. You agree to store it and keep it confidential and to notify THE COMPANY immediately if you have any reason to believe that you lost your license key.
LICENSE KEY REGISTRATION - There are technological measures in this Software that are designed to prevent unlicensed or illegal use of the Software, and automatic processes provide live updates to Software and routinely optimize Software for normal customer usage. You agree that THE COMPANY may use these measures to protect against Software piracy. This Software may contain enforcement technology that limits the ability to use the Software on multiple computers. This Agreement and the Software containing enforcement technology require license key registration as further set forth during installation and in the Documentation. Verification of the license key happens at periodic intervals and requires the computer to be connected to the Internet. Internet connection failure during the registration check will not allow functioning of the Software.
HOSTING - You may install the Software on ONLY ONE PC at any given point of time and you may not permit or enable other individuals to use the Software over a public access network of any kind including, but not limited to, Internet, intranet, bulletin boards, phone or mobile; unless you receive specific written consent to do so from THE COMPANY. You can run the Software on Amazon Web Services (AWS) or any other on-demand cloud computing platform/service, provided you don’t provide access to the Software outside of your company.
CONSENT TO USE OF DATA: You agree that THE COMPANY may collect and use data related to the Software, if any, gathered from your computer as part of the product support services provided to you. THE COMPANY may use this information solely to improve the products or to provide customized services or technologies to you and will not otherwise use or disclose this information in any form. This section shall survive termination or expiration of this Agreement.
RESTRICTIONS ON USE - eGrabber tool , should be viewed as a smart copy-paste tool that captures data that is in the public domain & web. eGrabber does not own the data we capture from web & public domain – as such we can’t offer any usage rights. Your company needs to make a determination as to what rights you have to data that you capture on the web and act accordingly.
EMAILING RESTRICTIONS - THE COMPANY will not be liable if your web site or emails are blocked because of actions taken by this Software on your behalf. The Software could fail occasionally, even though it performs as expected most of the time. You are expected to monitor periodically to ensure the Software is performing as expected by you.
EMAILING LIMITS - It is your responsibility to make sure you have the relevant email opt-in permissions, before using this Software to send emails.
USAGE LIMITS - THE COMPANY recommends you to acknowledge and agree to the Software usage limits as described in the product FAQs of THE COMPANY's web site (www.egrabber.com). This includes, but not limited to, grabbing, appending and validating contact information. THE COMPANY will not be liable if your access, or the access of other users on your network, to third party web sites and search engines is blocked because of actions taken by this Software on your behalf. THE COMPANY cautions that you use this Software in moderation. You should use it in much the same way as you would use an assistant who gets the data for you. Some third party sites have daily limits on how many contacts you can grab per day or per a given period. THE COMPANY recommends you not to exceed such grabbing limits when using this Software. THE COMPANY is constantly optimizing the Software usage limits to provide the best usage for you. You acknowledge and agree that the Software usage limits will change from time to time without prior notice to you.
PIRATING OF DATA IS PROHIBITED - It is your responsibility to make sure you have the relevant rights to capture and store the data the way you plan to, before using this Software. Some web sites and portals prohibit the use of automated capture tools like this Software to capture data, and other sites place restrictions on how captured data can be used. This agreement expressly prohibits the use of this Software to capture data from such web sites and documents, as well as using such captured data in a manner where it is illegal to do so. THE COMPANY can offer you no opinions on the legality of capturing any data, even if capability to capture such data is included in this Software.
1. PAYMENT AND BILLING - Payments must be made in advance unless otherwise mutually agreed upon and as specified in the invoice. Not all eGrabber Software are eligible for an alternate payment plan. No monthly invoicing service is available. All payment obligations are non-cancellable and all amounts paid are non-refundable. THE COMPANY will automatically follow the billing process in accordance to the terms agreed upon in the invoice.
2. NON-PAYMENT AND TERMINATION - THE COMPANY reserves the right to automatically suspend or terminate this agreement if you default on your payment or if your account becomes delinquent (falls into arrears).
3. REFUNDS – THE COMPANY offers fully functional trial versions for the users to evaluate if the Software's functionality is suitable. As such, THE COMPANY has a 'no refund' policy. However, if there are extenuating circumstances where THE COMPANY determines some refund is due, the following formula will be used.
  - If subscription is based on total usage count of any type – No refund will be due if more than 30% of usage count was used. If the usage was less than 30%, the formula given below under "If subscription is NOT based on total usage count of any type" will be used. Example – if the subscription had a 4,000 annual limit. Refunds will be due only if usage was less than 1,200 (30% of 4,000).
  - If subscription is NOT based on total usage count of any type – For refund computation, the monthly usage cost will be computed at 33% of the annual published MSRP for the product. The entire annual subscription cost of the Software is amortized within the first 3 month term for computing the refund. No refund will be due under any circumstances upon expiration of 3 months. Only the unused portion of the first 3 month term will be eligible for a refund. The term of usage is assumed to begin on the date the Software was registered or one week from the issuance of the key, whichever is earlier and ends the day the Software was last unregistered and refund requested. You must unregister the Software before seeking a refund from THE COMPANY, so as to establish the usage period. The annual subscription price paid by you will be taken as the basis for such calculation. Example – if the annual MSRP of the product was $3,495 (regardless of what you paid). Usage will be computed at $1,153 (33% of $3,495) for refund computation of unused amount. The usage amount will be deducted from the actual amount paid (not any listed price). No refund will be due for monthly licenses of any sort.
  THE COMPANY reserves the right to automatically suspend or terminate this agreement where it is no longer viable to support you, at the sole discretion of THE COMPANY. You will be eligible for refund only for the unused amount of your subscription based on the formula stated above.
4. LICENSE EXTENSION For Prompt Reporting of Grab Failure - If "Grab" command, on a website you have been leveraging regularly, fails to grab the data we advertise, you will be eligible for license extension on the days you report While Not Working. No credit will be given if you report after the failure is fixed. To get an extension, you must send a written email to [email protected] with the exact URL and nature of failure you are currently experiencing. As a courtesy your Software license will be extended by the days you tried & reported as not working, if eGrabber can verify that the website is functional and all required data is provided but the failure is in the Software and is deemed fixable. (Please see Section 11, some problems are not fixable such as text now appearing as image). You will receive written notification of license extension within 2 business days. You cannot claim license extension, if you do not report the problem in writing on days of attempted Grab usage and failure.eGrabber has no control on what content websites provide and in what formats they provide the data. They could provide different fields, present data in the form of images, information in several formats or information not accessible via copy command or place other restrictions. As part of this license agreement, eGrabber is only committed to support sites, fields and formats as they existed and supported by the Software at time of your purchase. If you need support for substantially new formats, we might be able to develop custom drivers at an additional cost. Please see sections 11a and 11b for more on the topic of handling website changes.
AFFILIATION DISCLAIMER - THE COMPANY is not affiliated or connected in any manner to any third party web sites and search engines, including but not restricted to, online directories, listings, job boards, yellow pages and white pages directories. THE COMPANY recommends you to read license agreements of these third party web sites and ensure you do not violate any Government Laws or rules of the third party web sites before using the Software. You agree that THE COMPANY is not responsible for any such violations committed by you using the Software. DO NOT USE THE SOFTWARE IN ANY CASE WHERE SIGNIFICANT DAMAGE OR INJURY TO PERSONS, PROPERTY OR BUSINESS MAY HAPPEN IF AN ERROR OCCURS, YOU EXPRESSLY ASSUME ALL RISK FOR SUCH USE. EXCEPT AS STATED HEREIN, THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS ARE PROVIDED "ASIS" WITHOUT WARRANTY OF ANY KIND. THE COMPANY DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULT OF THE USE, OF THE SOFTWARE OR WRITTEN MATERIALS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS, QUALITY AND PERFORMANCE OF THE SOFTWARE. IF THE SOFTWARE OR WRITTEN MATERIALS ARE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR OR CORRECTION. EXCEPT AS STATED HEREIN, THE COMPANY MAKES NO WARRANTIES OF ANY KIND, EXPRESSES OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SOFTWARE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. Some states do not allow limitations on how long an implied warranty lasts, or exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights, which may vary, from state to state.
DISCLAIMER ON ACCURACY - THE COMPANY does not guarantee results found by this Software to be 100% accurate. These results are only our Software's best guess based on information analyzed at the time of search. This Software does not conduct an extensive search or analysis of all available information on the Internet. The Software only conducts analysis on a small sample of documents to make a guess. One reason why this Software cannot guarantee accurate results is because there are many similar names of people, universities, hospitals, companies, cities, locations and institutions. It is quite possible that two people can have similar foot prints of contact information on the Internet. As such, it is sometimes difficult to distinguish which contact information corresponds to each person. You are advised not to use the results ASIS. THE COMPANY recommends you to verify through alternate channels the validity of data being provided by the Software before using it in any manner. The results found by this Software may seem inconsistent for the same search conducted at different times. The Software relies on various search engines and web sites to aggregate information from the Internet. THE COMPANY does not control the data on these search engines and third party web sites. As such, the Software will not be able to guarantee the same results at all points of time. THE COMPANY is constantly innovating in order to provide the best possible experience for you. You acknowledge and agree that the form and nature of the results provided and the user interface will change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that THE COMPANY may stop (permanently or temporarily) supporting the Software (or any features within the Software) at THE COMPANY's sole discretion, without prior notice to you. You may stop using the Software at any time by unregistering the Software and informing THE COMPANY. You will be entitled to a refund as per the refund policy set forth in this document.
BACKUP OF DATA - It is your responsibility to save and/or backup any and all data gathered using this Software. THE COMPANY is not responsible for any loss of data that occurs.
- AWS PC is assumed to be your PC located on the cloud. You can purchase an AWS license directly from Amazon or THE COMPANY can help purchase a license.
- When you subscribe to AWS PC via THE COMPANY, all we are doing is handling your payments. Please note, that when your payments for AWS licenses stop, all data backup by AWS also stops. We don’t control how AWS licensing policies and how AWS backups work. We recommend you backup all leads and data that are critical to you.
1. LIMITATION ON SUIT - You agree that any suit or other legal action or any arbitration relating in any way to this Agreement or to the Software MUST be officially filed or officially commenced no later than ONE (1) YEAR after you become aware of the issue giving rise to the suit.
2. LIMITATION OF LIABILITY - EXCEPT FOR THE COMPANY'S OBLIGATIONS UNDER SECTION 26C BELOW, IN NO EVENT WILL EITHER PARTY OR ITS SUPPLIERS BE LIABLE TO THE OTHER FOR ANY DAMAGES, CLAIMS, OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. EACH PARTY'S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE.
3. THE COMPANY shall defend you against any claim, demand, suit, or proceeding ("Claim") made or brought against you by a third party alleging that the Software or your use of the Software as permitted hereunder infringes or misappropriates the intellectual property rights of a third party, and shall indemnify you for any damages finally awarded against, and for reasonable attorney's fees incurred by you in connection with any Claim; provided that you (a) promptly give THE COMPANY written notice of the Claim, (b) give THE COMPANY sole control of the defense and settlement of the Claim (provided that THE COMPANY may not settle or defend any Claim unless it unconditionally releases you of all liability), and (c) provide to THE COMPANY all reasonable assistance, at THE COMPANY's expense.
4. INDEMNIFICATION - You indemnify THE COMPANY and hold THE COMPANY harmless for all damages, losses and costs (including, but not limited to, reasonable legal fees and expenses) arising out of all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your accessing or importing content that violates or infringes third party rights or applicable laws; (2) any content you extract; or (3) any method or process or activity in which you engage on or through the Software.
GOVERNING LAW AND FORUM - All disputes arising out of, under, or related to this Agreement will be brought exclusively in the state or federal courts located in Santa Clara County, California, USA.
COMPLETE AGREEMENT - This Agreement is the complete Software license agreement between you and THE COMPANY, and supersedes all prior negotiations, agreements, and understandings concerning its subject matter. The interpretation of this Agreement may not be explained or supplemented by any course of dealing or performance, or by usage of trade.

If you have any questions concerning this Agreement, or if you desire to contact THE COMPANY for any reason, please contact in writing.

eGrabber, Inc
1340 S. De Anza Blvd Ste 106
San Jose, CA 95129

Terms of Sale and Lead List License Agreement

(Lead List EULA)

Here are the terms and conditions under which you are agreeing to purchase the Lead List from eGrabber.

This legal document is an Agreement between You, the end user, and eGrabber (THE COMPANY). By signing this Agreement, you are agreeing to become bound by the terms of this agreement.

Definition:
1. “THE COMPANY” means eGrabber Inc.
2. “You” or “Customer” means the end user of the Lead List purchased from THE COMPANY.
3. “Lead List” means the list of contacts that is built using eGrabber Technology.
4. “End User” refers to an entity, Organization or Person that has self-reported data on the web.
5. “OPT-IN Leads” means express permission given by a recipient of an email-ID or email address to allow You to send Customer’s marketing messages or any other messages.
6. “Hard Bounce” means the recipient's email address is invalid or no longer in use.
7. “Soft Bounce” means the recipient’s email address is temporarily undeliverable, usually because of some problem on the recipient’s side.
This is a Complete Agreement - THE COMPANY agrees to sell Lead List to you as per the Ordering Document and subjected to terms listed in this Agreement. This Agreement will be considered as the full and complete Agreement, superseding any and all other verbal or written agreements.
eGrabber Created Lead List - The COMPANY has been in the business of B2B leads research for 20+ Years and developed unique contact research domain expertise. THE COMPANY has compiled “Lead Lists” for specific market segments, using its contact research domain expertise. You acknowledge and agree that THE COMPANY owns the Lead List as a research product. The COMPANY’s Primary Lead Research expertise is leveraged in finding relevant contact information from public sources. With respect to Lead Research, THE COMPANY has several web & lead research techniques that received US Patents. See list below:

US Patent # 7,822,732 - Issued Oct 26, 2010
Method and system to enable searching for lead & contact information on the web.
US Patent # 8,495,151 - Issued Jul 23, 2013
Methods and systems for determining Business email addresses with name & company.
See All eGrabber Patents
Patents granted to eGrabber by United States Patent And Trademark Office (USPTO).

Information came from Public Sources - Information for the Lead List was sourced from data available from the free public sources on the web. THE COMPANY has not validated all the pieces provided or included on the web.
Data is not Validated - THE COMPANY has not validated all the contact information provided or self-reported on the web. THE COMPANY has assumed that the data provided by “End User” about themselves is valid.For example - If a website provides a phone and email address (email-ID) to contact them, THE COMPANY assumes they are valid. If a website says that they are selling in a particular category or hiring a particular set of employees, or manufacturing a product or service, THE COMPANY assumes the End User is telling the truth and the information is valid. If a person says on LinkedIn profile or a bio that they are working a particular company with a particular title, THE COMPANY assumes it is valid. THE COMPANY does not go and double check that information.With respect to email addresses, THE COMPANY uses the best industry practices to verify the emails addresses are deliverable. This process only checks if the email server exists and will accept the email address. It does not validate if the email address belongs to the person.
ASIS non-exclusive Data License - THE COMPANY is offering a limited non-exclusive License for the Customer to purchase the Lead List in ASIS form. You acknowledge and agree that the Lead List could have errors because of the way the list was sourced and built. You also understand that the data is sourced from public sources and the data is primarily self-reported by the “End User”. THE COMPANY does not guarantee all contact information provided in the Lead List to be accurate. THE COMPANY states that it has made limited efforts to validate all pieces of information provided. If the Customer reports records with wrong contact information, THE COMPANY will find replacement records at free of cost.
Digital Delivery - THE COMPANY will make the Lead List available to You in digital form.
Limited non-exclusive License - THE COMPANY offers the following limited non-exclusive license as part of the Lead List purchase
1. Only the Customer and its employees can use it for your direct benefit.
2. You agree that You will not redistribute, sublicense, transfer, sell, offer for sale or disclose the Lead List, in full or part, to any third party for free, trade or for cost.
These are NOT OPT-IN LEADS - These are not OPT-IN leads. The people on the Lead List have not agreed to be on the list. These leads are from the web research from pubic sources such as websites and blogs. For marketing and other purposes of usage, You should treat all contact information in the Lead List as how You would, if You researched from the Internet and found that piece of information. By purchasing the non-exclusive license from THE COMPANY, You agree that the leads are randomly sourced and not OPT-IN. You will use the best legal industry practices to leverage the Lead List for marketing including being compliant with CAN-SPAM, Telemarketing and other relevant marketing regulations.
Performance Obligations of THE COMPANY
1. You get verified eMail-IDs - THE COMPANY guarantees all email addresses when built are Verified and Ranked using best industry practices. This verification process only checks if the email server exists and will accept the email address. It does not validate if the email address belongs to the person.
2. Hard Bouncing eMail-IDs will be replaced – THE COMPANY will replace a hard bouncing email address free of cost, if it is reported within 30 (thirty) days of Lead List delivery and the email address was specifically paid for as a contract count (not an incidental email address that is an output of our research). Hard bounces of email addresses can happen beyond factors in THE COMPANY's control including server changing, people quitting or laid off or businesses closing down. THE COMPANY will partner with You on the risk and protect against such Hard bounces for 30 (thirty) days.
  
  Soft bounces of email addresses are not considered Hard bounces. Soft bounces typically happen when the recipient’s email server is switched off temporarily for maintenance, or the recipient needs You to verify who you are, or the recipient has subscribed to a service that has classified You as a spammer based on past behavior and other such reasons. The Soft bounces are generally temporary in nature and resolve themselves.
Obligations of Customer
1. Customer represents, warrants and covenants that it will not, in connection with its use of the Lead List: (i) commit or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law; (ii) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (iii) use the Lead List, or any part thereof, to harass or harm any person in any way; or (iv) disparage, defame, libel or make untrue or malicious statements about THE COMPANY.
2. You will make commercially-reasonable best efforts to prevent unauthorized use of the Lead List. In the event of any unauthorized use of or access to the Lead List, THE COMPANY will terminate the Agreement and will not be liable for any damages arising out of this.
3. In the event of the Customer redistributing, sublicensing, transferring, selling, offering for sale or disclosing the Lead List to any third party, you agree to pay all money and benefits you received plus damages for the lost business.
Payment and Billing - All Payments must be made in advance unless otherwise mutually agreed upon and as specified in the invoice. All payment obligations are non-cancellable and all amounts paid are non-refundable. THE COMPANY will automatically follow the billing process in accordance to the terms agreed upon in the invoice.
Non-Payment and Termination - THE COMPANY reserves the right to automatically terminate this Agreement if You default on your payment or if your account becomes delinquent (falls into arrears). THE COMPANY also reserves the right to automatically terminate this Agreement where it is no longer viable to support you, at the sole discretion of THE COMPANY.
Backup of Data - It is your responsibility to save and/or backup any and all Lead Lists purchased from THE COMPANY. THE COMPANY is not responsible for any loss of data that occurs.
Limitation of Suit - You agree that any suit or other legal action or any arbitration relating in any way to this Agreement or the Lead List MUST be officially filed or officially commenced no later than THIRTY (30) DAYS after you become aware of the issue giving rise to the suit.
LIMITATION OF LIABILITY - EXCEPT FOR THE COMPANY'S OBLIGATIONS UNDER SECTION 10 ABOVE, IN NO EVENT WILL EITHER PARTY OR ITS SUPPLIERS BE LIABLE TO THE OTHER FOR ANY DAMAGES, CLAIMS, OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. EACH PARTY'S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE.
Indemnification - You indemnify THE COMPANY and hold THE COMPANY harmless for all damages, losses and costs (including, but not limited to, reasonable legal fees and expenses) arising out of all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your accessing or importing content that violates or infringes third party rights or applicable laws; (2) any content you extract; or (3) any method or process or activity in which you engage on using the Lead List.
Force Majeure - Neither party shall be liable for any delay or failure in non-monetary performance obligations due to a Force Majeure Event. The time for performance of the obligations and rights of the defaulting party shall be extended for a period equal to the duration of the Force Majeure Event.
Governing Law and Forum - All disputes arising out of, under, or related to this Agreement will be brought exclusively in the state or federal courts located in Santa Clara County, California, USA.
Disclaimer - Except for any express representations and warrantees states in this Agreement, the Lead Lists are provided “ASIS” and neither party makes any additional representation or warranty of any kind, whether express, implied or statutory, as to any matter whatsoever and each party expressly disclaims all implied warranties of merchantability, fitness for a particular purpose, quality, accuracy, title, and non-infringement. Neither party will have the right to make or pass on any representation or warranty on behalf of the other party to any third party.

If you have any questions concerning this Agreement, or if you desire to contact THE COMPANY for any reason, please contact in writing.

eGrabber, Inc
1340 S. De Anza Blvd Ste 106
San Jose, CA 95129

Custom List Building Services Agreement

Definitions: In this agreement the following words and expressions shall have the following meanings: "THE COMPANY" means eGrabber Inc. "You" or "Customer" means the beneficiary of List-Building Services. "List-Building" means generating a list of contacts ordered and paid by you on a work-for-hire basis, from a specific source, including but not limited to web sites and documents. "URL" or "Web Site" means a web link of the exact search You want to be performed in any website “Search Criteria” means the specific criteria You want to be used for List-building. “Search Results” means the list of contacts that are displayed in web Site based on the Search criteria specified by You. “Hard Bounce” means the recipient's email address is invalid or no longer in use. “Soft Bounce” means the recipient’s email address is temporarily undeliverable, usually because of some problem on the recipient’s side “End User” refers to an Entity, Organization or Person that has self-reported data on the web. “e-tailer” means an e-Commerce Retailer that offers an online platform for Sellers to sell their products or services.
This is Complete Agreement - THE COMPANY agrees to offer services such as List-Building, List-Appending and List-Processing, as per the specifications in Appendix A (Appendix A: Statement of Work, Delivery & Payment Terms - this Appendix will appear in the document to be signed before the start of work) and subjected to terms listed in this agreement. This agreement will be considered as the full and complete agreement, superseding any and all other verbal or written agreements.
Transcribing from website - If services requested call for transcribing (extracting & grabbing) information from websites, you agree to provide THE COMPANY with exact URLs that include all the search criteria you wanted to be transcribed into a list.
1. THE COMPANY will not make any changes to the extraction URLS & Search Criteria you provide. Appendix-A should contain all web site URLs that need to be transcribed.
2. THE COMPANY will not validate the authenticity, quality or relevance of the Search Results. The entire transcribing process is handled by automation and no human validation.
3. In situations where manual selection of search options on the website is required, you will include in Appendix-A the exact criteria, and ideally include screen shots of desired options selected.
4. If manual processing of the transcribed data is required, additional manual processing charges will apply. The exact nature of manual processing desired or promised should be included in Appendix-A.
5. You understand and agree that THE COMPANY has no control over: a) the web site where the data exists and b) how the data in the Search Results of the web site are displayed, as there could be those random unforeseen occasions when the web site could be updated.
6. THE COMPANY will be relying on you to do due diligence and ensure that it is legal for THE COMPANY to build a list of contacts from the specified web site. You have to ensure that building a list of contacts from the specified web site does not violate any laws or contractual obligations of the Customer, Government Laws or the rules of the web site. THE COMPANY will be strictly acting as a contractor who does work-for-hire for the Customer in this regard.
7. You shall provide all Login and Password details for the web site (wherever applicable).
8. Appendix-A should include all information that you need extracted and the format you wanted information delivered to you.
9. All information you provide will be treated as private and confidential by THE COMPANY.
Custom Contact Research Services on sellers listed on e-tailer’s marketplace (such as Amazon, Walmart, etc.) - When THE COMPANY undertakes research project to find contact information of Sellers on e-tailer’s marketplace, YOU understand and agree that the following assumptions are made:
1. THE COMPANY assumes that the data provided by any End User about themselves is valid. THE COMPANY does not validate information provided or self-reported on the Internet. Here are typical examples where information is assumed to be accurate:
2. THE COMPANY uses the best industry practices to verify the emails addresses are deliverable, when delivering direct email addresses of End Users that are being charged on per-contact basis. The industry standard process checks if the email server exists to reduce the chance of bounce. It cannot and does not validate if the email address is, in fact, being received by the named person.
3. THE COMPANY does not verify email addresses that are picked up as byproducts of the research process. These email addresses are not charged on per count basis and are provided ASIS. Such email addresses include the following:
4. THE COMPANY does not validate any phone number found on the Internet. Sometimes, the phone numbers are marked in your deliverable as “phone(s) From company website”. These phone numbers are a byproduct of the research done on the End User’s web site. You get them ASIS with no verification step. This column contains phone numbers that were found on the main pages of the website during research. THE COMPANY will look for End User’s phone numbers in the following four pages, where possible, of End User’s web site - Home / About Us / Management / Contact Us. THE COMPANY assumes that these phone numbers are relevant to the End User and are valid.
Appending B2B Email - If services call for appending of B2B email, the following terms apply:
1. THE COMPANY will replace emails that have a hard bounce, if the person you are sending it to exists and still works in that company. You agree to submit the Hard Bounce email addresses to THE COMPANY. THE COMPANY will do an independent verification and will refund or replace the Hard Bounce email addresses for you. Note: When you give THE COMPANY a list of contacts or search URLs, THE COMPANY doesn’t check if the person exists or still works in any specified company. You are expected to make that determination. THE COMPANY will make the best efforts to ensure that easily findable hard bounces are caught during our email checking process and never delivered to you.
2. You understand and agree that the email deliverability depends on, including but not restricted to, your email server, your email sending reputation and your email content that does not get flagged by spam filters. THE COMPANY will not be responsible for email deliverability for the list of contacts built for you.
3. You understand and agree that people change companies frequently and it is best to send emails to the list built for You within 15 days from the date of the delivery. THE COMPANY will not be responsible if you claim for Hard Bounces of email addresses at a later date.
Appending additional information - If services call for appending additional information such as appending management, finding job changes or such, the following terms apply:
1. You agree to provide THE COMPANY with exact information that you additionally want to be appended. Appendix-A should contain all the details, including but not restricted to, the exact criteria and screen shots of additional information that need to be appended.
2. THE COMPANY provides guarantee of the information as provided under EULA (https://www.egrabber.com/license-agreement.html)
3. You understand and agree that THE COMPANY has no control over the information available in the World Wide Web. THE COMPANY will make the best efforts to append the additional information for you.
Performance Obligations of THE COMPANY
1. You get verified eMail-IDs - THE COMPANY guarantees all email addresses when built are Verified and Ranked using best industry practices. This verification process only checks if the email server exists and will accept the email address. It does not validate if the email address belongs to the person.
2. Hard Bouncing eMail-IDs will be replaced – THE COMPANY will replace a hard bouncing email address free of cost, if it is reported within 30 (thirty) days of Lead List delivery and the email address was specifically paid for as a contract count (not an incidental email address that is an output of our research). Hard bounces of email addresses can happen beyond factors in THE COMPANY's control including server changing, people quitting or laid off or businesses closing down. THE COMPANY will partner with You on the risk and protect against such Hard bounces for 30 (thirty) days.
  
  Soft bounces of email addresses are not considered Hard bounces. Soft bounces typically happen when the recipient’s email server is switched off temporarily for maintenance, or the recipient needs You to verify who you are, or the recipient has subscribed to a service that has classified You as a spammer based on past behavior and other such reasons. The Soft bounces are generally temporary in nature and resolve themselves.
3. If THE COMPANY gave You an email address for an email domain that belongs to a different End User, and You were being charged on a per-contact basis, then THE COMPANY will give You 5 additional email addresses for each such email address domain error.
Payment: You agree to pay for the List-Building Services in accordance to the terms listed in Appendix-A.
BACKUP AND RESTORATION: You agree to maintain a backup of the contacts that was delivered to you. THE COMPANY does not take the responsibility to maintain a copy of the contacts after delivering it to you.
1. THE COMPANY does not maintain or release back up of the list built for you. If you need a new list to be built, you will have to pay again for the List-Building Services.
On accepting the Terms and Conditions specified in this List-Building Services Agreement, you agree to provide the details that are specified in Appendix-A.
The validity, construction and performance of this agreement are governed by the laws of California.
LIMITATION OF LIABILITY - EXCEPT FOR THE COMPANY'S OBLIGATIONS UNDER SECTION 10 ABOVE, IN NO EVENT WILL EITHER PARTY OR ITS SUPPLIERS BE LIABLE TO THE OTHER FOR ANY DAMAGES, CLAIMS, OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. EACH PARTY'S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE LIST BUILDING SERVICE.
Indemnification - You indemnify THE COMPANY and hold THE COMPANY harmless for all damages, losses and costs (including, but not limited to, reasonable legal fees and expenses) arising out of all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your allowing THE COMPANY to build a list of contacts from a web site that violates or infringes third party rights or applicable laws; (2) any content you want THE COMPANY to extract; or (3) any method or process or activity in which you engage on with the list of contacts built by THE COMPANY.
Force Majeure - Neither party shall be liable for any delay or failure in non-monetary performance obligations due to a Force Majeure Event. The time for performance of the obligations and rights of the defaulting party shall be extended for a period equal to the duration of the Force Majeure Event.
Disclaimer - Except for any express representations and warrantees stated in this Agreement, neither party makes any additional representation or warranty of any kind, whether express, implied or statutory, as to any matter whatsoever and each party expressly disclaims all implied warranties of merchantability, fitness for a particular purpose, quality, accuracy, title, and non-infringement. Neither party will have the right to make or pass on any representation or warranty on behalf of the other party to any third party.

COMPLETE AGREEMENT - This Agreement is the complete List-Building Services Agreement between you and THE COMPANY, and supersedes all prior negotiations, agreements, and understandings concerning its subject matter. The interpretation of this Agreement may not be explained or supplemented by any course of dealing or performance, or by usage of trade.

If you have any questions concerning this Agreement, or if you desire to contact THE COMPANY for any reason, please contact in writing.

eGrabber, Inc
1340 S. De Anza Blvd Ste 106
San Jose, CA 95129

Custom Driver Development Agreement

Definitions:In this agreement the following words and expressions shall have the following meanings:"You" or "Customer" means the Driver Licensee."THE COMPANY" means eGrabber Inc."Driver" means the customized software ordered and paid by you on a work-for-hire basis for a specific use and purpose to extract information from a source, including but not limited to web sites and documents."Site" or "Web Site" means any web site for which you want the Driver to be developed.
THE COMPANY agrees to customize a DRIVER to extract information as per the written specifications agreed to by you and THE COMPANY. The specifications will contain at the minimum, the URL or web site address where the list exists, a sample image of the web site and a sample mapping of the extracted fields.
THE COMPANY will be relying on you to do due diligence and ensure that it is legal for THE COMPANY to develop the specified DRIVER to extract content from the specified site. You have to ensure development of such DRIVER does not violate any laws or contractual obligations of the customer, Government Laws or the rules of the web site. THE COMPANY will be strictly acting as a contractor who does work for hire for the customer in this regard.
On work performed as part of this agreement THE COMPANY retains rights to all intellectual property, source code and copyright. You will get limited usage rights of the DRIVER (executable binary), as per the terms specified in this agreement.
Pirating of data is prohibited - Some third party web sites and portals prohibit the use of automated capture tools like this DRIVER to capture data, and other sites place restrictions on how captured data can be used. This agreement expressly prohibits the use of this DRIVER to capture data from such third party web sites and documents, as well as using such captured data in a manner where it is illegal to do so. THE COMPANY can offer you no opinions on the legality of capturing any data, even if capability to capture such data is included in this DRIVER. It is your responsibility to make sure you have the relevant rights to capture and store the data the way you plan to, before using this DRIVER.
BACKUP THIS DRIVER - THE COMPANY does not take responsibility to maintain a copy of this DRIVER. It is your responsibility to maintain a backup copy of this DRIVER on another PC or on a CD, for use in the event of catastrophic loss such as hard disk crash or loss of your working PC in any other manner.The COMPANY does not officially maintain or release backup of this type of DRIVER. If you need a new or replacement copy, you will need to pay the full custom driver development price as per the new rates.
You agree to pay for the DRIVER in full at the time of placing the order.
On the date the DRIVER is delivered, if the Driver is not more than 95% accurate per the agreed upon specifications, the customer has the option to request to return the driver and request a full refund for the amount paid for the driver.Please note, THE COMPANY is not able to guarantee 100% accuracy because THE COMPANY does not control how the data on the 3rd party web site is displayed.
THE COMPANY understands that the customer has no control over the site where the data exists and there could be those random unforeseen occasions that the web site could be updated with a new format. As a courtesy, THE COMPANY will make modifications to DRIVER at no charge if the web site changes with 10 days of eGrabber delivering a functioning DRIVER. Any other updates to the DRIVER will be treated as a new order.
The DRIVER will be compatible only with the version of the eGrabber software that is specified in the specification. The DRIVER will only be compatible with the version of that eGrabber software being sold at the time of the order. If the eGrabber software is updated, this DRIVER might not be compatible. You are advised to test DRIVER compatibility with a new version of the eGrabber software, before upgrading.
This DRIVER is licensed only to you, and may not be transferred to anyone without the prior written consent of THE COMPANY.
Each DRIVER contract and payment covers only for one license of eGrabber software. This means that you can use the DRIVER only in one computer at any given point of time. If the DRIVER is to be used in more than one computer it has to be purchased separately.
Customer support will be available for the DRIVER only at the time of delivery. Any additional training or support will be charged separately.
On accepting the Terms and Conditions specified in this DRIVER License Agreement, the Customer shall provide the following details that are essential for the development of the DRIVER. The information provided will be private and confidential.
1. Login and Password for the web site (wherever applicable)
2. Search Criteria / Terms used
3. Detailed Steps to navigate to the web page containing the list
4. Fields to be extracted from the web site
5. Name of the field(s) under which the non-contact related data should be extracted into
6. Any other relevant information

Note: eGrabber does not entertain automated "spidering" of data from the entire web site.The validity, construction and performance of this agreement is governed by the laws of California.Indemnification - You indemnify THE COMPANY and hold THE COMPANY harmless for all damages, losses and costs (including, but not limited to, reasonable legal fees and expenses) arising out of all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your accessing or importing content that violates or infringes third party rights or applicable laws; (2) any content you extract; or (3) any method or process or activity in which you engage on or through the DRIVER.COMPLETE AGREEMENT - This Agreement is the complete DRIVER License Agreement between you and THE COMPANY, and supersedes all prior negotiations, agreements, and understandings concerning its subject matter. The interpretation of this Agreement may not be explained or supplemented by any course of dealing or performance, or by usage of trade.If you have any questions concerning this Agreement, or if you desire to contact THE COMPANY for any reason, please contact in writing.

eGrabber, Inc
1340 S. De Anza Blvd Ste 106
San Jose, CA 95129

Information available in this site is subject to change without any prior notice.

Privacy

eGrabber respects and protects your privacy. eGrabber will not sell, rent or share your personal information to others.

The information you provide here will be used for required member communications. Occasionally we may contact you with special offers that may interest you.

Other eGrabber Business Terms

If you own a eGrabber product, please see "Software end-user License Agreement" and "Custom Driver Development Agreement" these terms supersede the terms below. The terms below are more for the usage of the content on this website and explains normal eGrabber business policies.

eGrabber Inc. maintains this web site as a service to its customers. By using web sites owned and operated by eGrabber or its affiliates, you are agreeing to comply with and be bound by the following terms of use, which may change from time to time.

What do we do with the information you provide and how is it used?
When you download our trial products, you will be asked to provide certain information, such as your name and contact information. We ask for this in connection with registrations, promotions, and purchases. eGrabber looks to provide personalized services and communicate separately with you.

Links to Third-Party Sites
The eGrabber web site contains links to third-party web sites. The linked sites are not under the control of eGrabber, and eGrabber will not be responsible for the contents of any linked site or any link contained in a linked site. eGrabber is providing these links only as a viewer convenience, and the inclusion of a link does not imply endorsement of the linked site by eGrabber Inc.

Downloading Software
All software and accompanying documentation made available for download from this web site is copyright protected. Software and documentation ownership is retained by the copyright holder. Ownership is not transferred to you; rather, you are licensed to use the software and documentation. The use of any such software or documentation is subject to the terms of a license agreement. Please read the license agreement that accompanies each product and indicate your agreement to those terms.

How eGrabber Software License Key works
Each eGrabber software license permits the software to be enabled for use on only one PC at any one time. The eGrabber registration server ensures that a license key is not activated for use concurrently on more than one PC.

At the time of installing eGrabber software on your PC, you must be connected to the Internet for activation to occur. If you are unable to connect to the Internet to activate the software, you will not be able to use the software on your computer. PC's that can't access the Internet will therefore be unable to run eGrabber software.

During software installation, you will be asked to type in your license key number. eGrabber software will then connect over the Internet to the eGrabber registration server. Your eGrabber software will be activated on your PC by the eGrabber server if no other PC has been authorized to use that license key at that time. Once your software is activated on your PC, you will not be asked to present the number again to run the eGrabber application on your PC.

During the eGrabber registration process, you may get a message that says "Invalid License Key" or "License Key is already in use". This implies that you either typed in the wrong key or the key you typed in is registered to another PC. You will first need to unregister the key from the other PC so that the key can be used in another computer.

If you need the software to work on multiple PCs, you will need to purchase a separate license key for each PC.

eGrabber Software Support Policy

For subscription versions that require monthly / annual licensing, eGrabber provides :

Free phone support for the first 30 days (for one named person per license) immediately after purchase of software.
Free e-mail support all through the subscription period.
Free product upgrades all through the subscription period.
Product training is not a part of the product license agreement (EULA) or the purchase price. Customized training is available at an additional charge.

For version license products (that are not subscription licenses), eGrabber provides :

Free phone support for the first 30 days (for one named person per license) immediately after purchase of software.
Free e-mail support for 12 months immediately after purchase of software. The customer must purchase the product upgrade to continue to get free e-mail support for another 12 months.
Free product upgrades for 90 days immediately after purchase of software. After 90 days, the customer must purchase the product upgrade.
Product training is not a part of the product license agreement (EULA) or the purchase price. Customized training is available at an additional charge.

eGrabber does not maintain archives or versions of software that are more than 365 days old.

eGrabber Affiliation to Job Boards, Online Directories, Social Networking sites & Third party sites
eGrabber is not affiliated or connected in any manner to any job boards, social networking sites or third party web sites. eGrabber is also not affiliated or connected in any manner to any online directories, listings, yellow pages directories, white pages directories or third party web sites. eGrabber has no partnership or business relationship with LinkedIn Corporation.

eGrabber recommends that you read license agreements of these websites and software before using eGrabber products. eGrabber encourages users of its products to operate within the law. eGrabber software should not be used where it is illegal to use it.

Special Offers
Established members will occasionally receive information on products, services, special deals, and a newsletter. Out of respect for the privacy of our users we present the option to not receive these types of communications. Please see our opt-out choice below.

Choice/Opt-out
You have the opportunity to opt-out of receiving communications from us by one of the following options:

E-mail:
Users who no longer wish to receive our newsletter or promotional materials may opt-out of receiving these communications by replying with "unsubscribe" in the subject line in the email or email us at [email protected]
Send postal mail to:
Database Corrections Dept. eGrabber, Inc 1340 S. De Anza Blvd Ste 106 San Jose, CA 95129

Trademarks
©eGrabber, Inc All rights reserved. eGrabber, eGrabber logo, AddressGrabber™, ListGrabber™, ResumeGrabber™, Web Response Grabber™, UniSync™, Email Grabber™ are registered trademarks of eGrabber, Inc

All other trademarks, logos, are the sole property of their respective owners. 88 Million Households Phone Book, 88 Million Households Deluxe, ACT!™, CardScan™, CareerBuilder.com™ CollegeRecruiter.com, Dice.com™, E-Stamp® Eudora™! , GoldMine®, Internet Explorer, Internet Postage, LinkedIn®, Maximizer™, Microsoft® Excel, Microsoft®, Microsoft® Outlook®, Microsoft® Outlook®Express, Microsoft® Word, Monster.com©, Netscape®, Palm® Pilot Desktop™, Peachtree ®, PhoneDialer Microsoft®, QuickBooks®, Seiko Smart Label Printer™, Super Pages®, Telemagic®, WinFax™, WordPerfect®, Yellow Pages™ and so on.

Information available in this site is subject to change without any prior notice.