User Agreement

User License Agreement
BUYER ANGEL® Copyright © 2009 by VIactivity LTD (http://viactivity.com)
All rights reserved.
This license applies to the BUYER ANGEL ™.

Your Agreement to this License

This License only applies to the English-language version of the BUYER ANGEL software and its accompanying files, data and materials ("BUYER ANGEL"). You(“Client”) should carefully read the following terms and conditions before using, installing, copying, or distributing this software. Unless you have a different license agreement signed by VIactivity LTD, your use, installation, copying, or distribution of BUYER ANGEL indicates your acceptance of this agreement ("License").
If you do not agree to all of the terms and conditions of this License, then: (a) do not use, pay for license, install, copy, or distribute any copy of BUYER ANGEL with which this License is included, and (b) in addition, if you paid VIactivity or/and V. Goncharuk or an authorized VIactivity or/and V. Goncharuk reseller for a package consisting of one or more copies of BUYER ANGEL, you will NOT return payment.
The terms and conditions of this License describe the permitted use and user of each Licensed Copy of BUYER ANGEL. For purposes of this License, if you have a valid single-copy license, you have the right to use a single "Licensed Copy" of BUYER ANGEL;

Scope of License

Term of use of one this License(Registration Key) - one year from the date of purchase of this License.
For this software(BUYER ANGEL) using you must provide(for your costs) an Internet connection(via GPRS, WAP or WIFI etc) on your device.
Limits of visual search - image uploads (connections to the server BUYERANGEL.com to upload images with the packages) for one this License(Registration Key) – not more than 100 (one hundred) till first 3(three) monthes from the date of purchase of this License.
VIactivity or/and V. Goncharuk does NOT guarantee or warrant that:
(a) The software(BUYER ANGEL) will be completely error-free or fault-free or reliable.
(b) The software(BUYER ANGEL) is suitable for a particular purpose.
(c) The software(BUYER ANGEL) will meet your requirements.
(d) The defects in the software(BUYER ANGEL) will be corrected.
(e) Server(BUYER ANGEL.com) will be 100% available.
Each Licensed Copy of BUYER ANGEL may be used by a single person who uses the software personally on one or more computers(devices), or installed on a single workstation(device) used nonsimultaneously by multiple people, but not both. This is not a concurrent use license.
All rights of any kind in BUYER ANGEL which are not expressly granted in this License are entirely and exclusively reserved to and by VIactivity or/and V. Goncharuk. BUYER ANGEL is protected by the United States copyright laws and other applicable laws and treaties. You may use, install and distribute BUYER ANGEL solely as expressly provided in this License. You may not rent, lease, loan, sublicense, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on, BUYER ANGEL, nor permit anyone else to do so. You may not make access to BUYER ANGEL available to others in connection with a service bureau, application service provider, or similar business, nor permit anyone else to do so.

Warranty Disclaimers and Liability Limitations

BUYER ANGEL, and any and all accompanying software, files, data and materials, are distributed and provided "AS IS" and with no warranties of any kind, whether express or implied, including, without limitation, any warranty of merchantability or fitness for a particular purpose.
VIactivity or/and V. Goncharuk, does not warrant, guarantee, or make any representations regarding the use of, or the results of the use of, BUYER ANGEL.
VIactivity or/and V. Goncharuk, does not warrant that the operation of BUYER ANGEL will be uninterrupted or error-free, or that the use of any passwords and/or encryption features will be effective in preventing the unintentional disclosure of information contained in any file. Further, there is no warranty for the optional virus scanning feature. (BUYER ANGEL does not scan for viruses; it simply runs external programs that claim to perform this function.) You acknowledge that good data processing procedure dictates that any program, including BUYER ANGEL, must be thoroughly tested with non-critical data before there is any reliance on it, and you hereby assume the entire risk of all use of the copies of BUYER ANGEL covered by this License. This disclaimer of warranty constitutes an essential part of this License.
Except to the extent expressly prohibited by applicable statutes, VIactivity or/and V. Goncharuk, shall not be liable for any damage or financial loss arising out of the use of, or inability to use, BUYER ANGEL. Any liability of VIactivity or/and V. Goncharuk, will be limited exclusively to refund of the license fee paid to VIactivity or/and V. Goncharuk. Except to the extent expressly prohibited by applicable statutes, in no event shall VIactivity or/and V. Goncharuk, or its principals, shareholders, officers, employees, affiliates, contractors, subsidiaries, or parent organizations, be liable for any indirect, incidental, consequential, special, or punitive damages whatsoever relating to the use of BUYER ANGEL, or to your relationship with VIactivity or/and V. Goncharuk, (including, without limitation, loss or disclosure of data or information, loss of profit, revenue, business opportunity or business advantage, or business interruption), whether based upon a claim or action of contract, warranty, negligence, strict liability, contribution, indemnity, or any other legal theory or cause of action, even if advised of the possibility of such damages.
In addition, in no event does VIactivity or/and V. Goncharuk, authorize you or anyone else to use BUYER ANGEL in applications or systems where BUYER ANGEL failure to perform can reasonably be expected to result in a significant physical injury, or in loss of property, or in loss of life. Any such use is entirely at your own risk, and you agree to hold VIactivity or/and V. Goncharuk, harmless from any and all claims or losses relating to such unauthorized use.

Restricted Rights

BUYER ANGEL is provided with "Restricted Rights". Use, modification, duplication, release, performance, display, or disclosure by the U.S. Government or government contractors is subject to the restrictions set forth in subparagraph (c)(1) and (2) of the Commercial Computer Software Restricted , and the provisions relating to Rights in Commercial Computer Software or Commercial Computer Software Documentation.

General

This License is the complete statement of the agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements, and arrangements. This License shall be governed by the laws of the State of New York or shall be governed by the laws of Ukraine(by chose of VIactivity or/and V. Goncharuk). Exclusive jurisdiction and venue for all matters relating to this License shall be in courts and fora located in the New York or by the courts and fore located in the Odesa city of Ukraine(may be determined by VIactivity or V. Goncharuk), and you consent to such jurisdiction and venue. There are no third-party beneficiaries of any promises, obligations, or representations made by VIactivity or/and V. Goncharuk, herein. Any waiver by VIactivity or/and V. Goncharuk of any violation of this License by you shall not constitute, nor contribute to, a waiver by VIactivity or/and V. Goncharuk, of any other or future violation by you of the same provision, or any other provision, of this License. If any part of this License or the application thereof to any person or circumstance is for any reason held invalid or unenforceable, it shall be deemed severable, and the validity of the remainder of this License, or the applications of such provision to other persons or circumstances, shall not be affected thereby.