COPYRIGHT. The Software Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. All title and copyrights in and to the Software Product (including but not limited to any images, photographs, keyword lists, IP lists, source code (uncompiled Perl script), incorporated into the Software Product) are owned by CLOAKER.

GRANT OF LICENSE. The Software Product is licensed, not sold. Subject to the condition that you are in compliance with the terms of this EULA, you may install and use the Software Product FOR USE FOR YOUR PERSONAL PROMOTION OF 1 DOMAIN OR URLS THAT IS DIRECTLY OWNED BY YOU OR FOR WHICH YOU ARE AN AFFILIATE. YOU MAY PURCHASE ADDITIONAL "DOMAIN LICENSES" FOR YOUR USE (FOR YOUR DOMAINS ONLY) FROM WITHIN THE SOFTWARE PRODUCT'S MANAGEMENT CONSOLE (see below for more information on Domain Licenses). No other use, modification, alteration, copying, or distribution of the Software Product is permitted. You may not rent the Software Product, nor may you offer use of it to others through a service bureau or application service provider. If you are installing this copy of the Software Product as an upgrade, update, patch or enhancement of a prior release of the same Software Product which was installed on the same computer, your rights under the prior license agreement for the Software Product are terminated, and all of your use of the Software Product (including its prior versions) are solely under the terms of this license agreement. You may not make the activation codes of various add-on modules for Software Product available to others.

MODIFICATION OF SOFTWARE. You may not alter, modify, or change Software Product source code files in any manner, except as specified in the Members' Area of SearchEngineCloaker.com. You may not create derivative works based on Software Product. You may not create tools, applications, or other mechanisms to either subvert the normal functioning of Software Product, or to independently alter the support files created by and for Software Product.

LIMITATIONS. You may not reverse engineer, decrypt, decompile, or disassemble the Software Product. You may not alter the source code of Software Product. The Software Product is licensed as a single product, and its component parts may not be separated for use on more than one computer unless you buy additional Domain Licenses detailed below. You may not modify, amend, or create derivative works of the Software Product.

DOMAIN LICENSES. This Software License grants you a single Domain License, allowing you to use Cloaker on a single Web domain. You may purchase additional Domain Licenses for your use ONLY. You may not resell, grant, or convey the benefit of these Domain Licenses to others. You may not, for example, use the software on your customers' or clients' sites, even if you totally control those domains for them. The ultimate and sole beneficiary of these Domain Licenses may be no other person or entity other than yourself.

USE OF SOFTWARE PRODUCT. User is solely responsible for use of software, and any and all results resulting from use or misuse of software. It is your responsibility to ensure that you are using software in accordance with all local, state, and national laws. It is your duty to monitor pending and new legislation and make sure you are in compliance. It is your responsibility to ensure that your Webhost/ISP allows installation and use of Software Product on their systems, even if we do installation on said Webhost/ISP. It is your responsibility to ensure that you are not violating any other parties' copyrights when using Software Product.

YOU MAY NOT USE SOFTWARE PRODUCT TO FACILITATE THEFT OF COPYRIGHTED WEB SITES OR TRADEMARKS (OFTEN CALLED "PAGE-JACKING"). YOU MAY NOT USE SOFTWARE PRODUCT TO ENGAGE IN DECEPTIVE OR FRAUDULENT ADVERTISING, INCLUDING USING KEYWORDS AND CONTENT UNRELATED TO THE SITE YOU ARE PROMOTING. Software Product includes an add-on called Extractor that allows Users to "grab" content from other Web sites, filter that content, and make it appear to be from User's Web site. User may not use this add-on to steal or infringe the copyrights of others. User agrees to use this add-on legally and to use it only for copyrights that he has the legal right to use.

We believe that our Software Product is an increasingly necessary tool to achieve good representation in the search engines: to wit, nowadays, to do well in the engines, your Web site must be designed primarily for the search engines (and not actual human users); to design a site for human users often means that your site will rank poorly in the engines. Cloaker overcomes this, allowing Webmasters to separately tailor content to the search engine spiders and separately to human users. At base, Software Product is a tool to help Webmasters. WE INSIST AND YOU AGREE THAT YOU WILL USE SOFTWARE PRODUCT ETHICALLY. YOU WILL NOT USE SOFTWARE PRODUCT TO DECEPTIVELY ADVERTISE, TO STEAL OTHERS' COPYRIGHTS OR TRADEMARKS, TO PROMOTE ANY ILLEGAL OR QUESTIONABLE PRODUCT OR SERVICE, OR TO ENGAGE IN ANY ILLEGAL ACTIVITY. YOU MAY NOT USE SOFTWARE PRODUCT TO CIRCUMVENT OR VIOLATE AGREEMENTS YOU HAVE WITH OTHER COMPANIES. The site that an end-user ultimately sees when clicking on "cloaked" search engine listings must be directly related to the content and keywords used in those cloaked listings. In other words, you may not create cloaked pages about frogs, and then redirect real users to pages about gambling -- it is your responsibility to ensure that the content is related!

REFUNDS. We provide refunds within 30 calendar days of your purchase of Software Product. Refunds only apply to initial purchase, and not to paid services, add-ons, or additional licenses. Any refunds initiated on your part with our sales processors for add-ons, services, or additional licenses will result in the termination of your license to use Cloaker.

TERMINATION. Without prejudice to any other rights, CLOAKER may terminate this EULA or your rights under this EULA at any time if you fail to comply with the terms and conditions of this EULA. We additionally reserve the right to terminate your license and EULA at any time, for any reason. Upon termination of your rights under this EULA for any reason, or upon termination of the EULA itself, you must destroy all copies of the Software Product and all of its component parts in your possession (including all component parts, the media and printed materials, any prior versions, and this EULA). We reserve the right to remotely de-activate and/or remotely remove any infringing Software Product installation. The terms of this paragraph shall survive any termination of this EULA. If you request a refund of your purchase, you must destroy all copies of Software Product.

NON-DISCLOSURE. Software Product shall be treated in its entirety as Confidential Information. Confidential Information shall not be provided or disclosed by you to anyone except your employees or agents and shall only be used for the purpose of configuration or installation. The obligations to not disclose Confidential Information shall survive any termination of this Agreement for a period of three (3) years from the date of first disclosure of such Confidential Information; otherwise, this obligation shall expire one year from initial agreement. No rights or licenses under patents, trademarks, or copyrights are granted or implied ny any disclosure of Confidential Information. Confidential Information and any and all copies thereof, in whole or in part, shall remain the property of CLOAKER and shall be immediately destroyed or returned upon request by CLOAKER. You may not assign or transfer your duties or obligations under this Agreement without the prior written consent of CLOAKER. Any attempt to assign or transfer rights or delegate duties without such prior written consent shall be void.

NON-COMPETITION. You understand that CLOAKER operates in a highly competitive market, and that Software Product required many years of development. As such, you hereby agree that you will not develop, market, sell, or otherwise produce a product that competes directly with CLOAKER and its Software Product. This obligation shall survive any termination of this Agreement for a period of one (1) year from the date of last agreement; otherwise, this obligation shall expire one year from most recent agreement to this license.

PRIVACY. You understand and accept that Software Product will communicate with CLOAKER servers for upgrades, updates, patches, license verification, and anti-fraud purposes. Information pertaining to your installation, including but not limited to location and details of each installation, will be communicated to CLOAKER servers solely for the purpose of license verification and anti-fraud purposes. We may auto-update your version of Software Product at any time to ensure that your installation is fully up-to-date. We make our Software Product as secure as possible, but we do not warrant nor guarantee that any information you enter into Software Product is secure from prying eyes, particularly from those who have access to your server. You also understand that as a customer we will occasionally send you promotional emails highlighting new products, services, and features of Software Product and other offerings from CLOAKER; you may opt-out of future emails at any time.

INDEMNIFICATION. User agrees to defend, indemnify and hold harmless CLOAKER and its shareholders, directors, officers, employees, agents, affiliates, and any person or entity involved in creating, producting, or distributing Software Product from and against all claims and expenses, including attorneys' fees, arising out of the installation of Software Product, use of Software Product, misuse of Software Product, failure to use Software Product, technical glitches or bugs or security weaknesses in Software Product, or any other result arising out of Software Product.

DISCLAIMERS. User expressly agrees that use of Software Product is at User's sole risk. You agree that Software Product is provided "as is" and without warranties of any kind either express or implied. You understand that use of Software Product could result in significant recourse against you by the search engines, including, but not limited to, your entire domain name being banned and purged from search engine listings; you agree to take sole responsibility for such results. You also understand that installing this software on certain ISPs/Webhosts may result in those ISPs/Webhosts banning you from their site, or taking other action against you. You also agree to fully investigate any laws related to use of Software Product in your jurisdiction, and ensure that you comply with them. You also understand and agree that, while we make every effort to ensure that Software Product does not contain any security weaknesses, we are not responsible for any data loss, hacker attacks, backdoors, trojan horses, or other security or data incidents resulting from use, installation, or misuse of Software Product, or from our installation services, installation advice, or digital or telephonic communications related to installation or use of Software Product.

To the fullest extent permissible pursuant to applicable law, CLOAKER disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. CLOAKER does not warrant that this site or its Software Product will be uninterrupted, secure, error-free, bug-free, virus-free, or that defects will be corrected.

When we provide installation services, paid or otherwise, via e-mail, on the telephone, or remotely, you understand that we are not responsible for any data loss, compromised security, or loss of profits resulting from installation services or advice. As well, we do not warrant or guarantee that our installation services, or that the Software Product, is not in violation of your Webhost, ISP, or Search Engines' Terms & Conditions.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

USER SPECIFICALLY ACKNOWLEDGES THAT CLOAKER, ITS EMPLOYEES, DIRECTORS, SHAREHOLDERS, AFFILIATED PARTIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING SOFTWARE PRODUCT ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.

LIMITATION OF LIABILITY. YOU AGREE THAT IN NO EVENT WILL CLOAKER, ITS EMPLOYEES, DIRECTORS, SHAREHOLDERS, AFFILIATED PARTIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING SOFTWARE PRODUCT BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS -- EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, OR CLAIM -- ARISING FROM USE, MISUSE, OR INSTALLATION OF SOFTWARE PRODUCT OR FROM INSTALLATION SERVICES OR ADVICE. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO SOFTWARE PRODUCT, INSTALLATION SERVICES AND ADVICE, AND ALL CONTENT ON THIS SITE.

USER AGREES THAT NO INFORMATION IN THIS SITE CONSTITUTES LEGAL ADVICE. USER AGREES THAT ALL INFORMATION, PROGRAMS, STRATEGIES, IDEAS, AND THOUGHTS IN THIS SITE ARE FOR INFORMATIONAL PURPOSES ONLY. USER DOES NOT HOLD CLOAKER, ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATED PARTIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING SOFTWARE PRODUCT RESPONSIBLE FOR ANY ACTIONS TAKEN BY USER.

NEITHER CLOAKER, ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATED PARTIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING SOFTWARE PRODUCT WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, LEGALITY, ACCURACY, VALIDITY, OR COMPLETENESS OF THE INFORMATION CONTAINED IN THIS SITE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THIS SOFTWARE.

USER IS SOLELY RESPONSIBLE FOR ANYTHING HE OR SHE DOES WITH SOFTWARE PRODUCT, THAT HE OR SHE CONTRACTS US TO DO, OR IN RESPONSE TO THE CONTENT IN THIS SITE. USER HOLDS CLOAKER, ITS EMPLOYEES, DIRECTORS, SHAREHOLDERS, AFFILIATED PARTIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING SOFTWARE PRODUCT HARMLESS FOR ANY OF HIS ACTIONS. IT IS USER'S SOLE RESPONSIBILITY TO THOROUGHLY ASSESS THE LEGALITY, PROFITABILITY, AND VIABILITY OF USING THIS SOFTWARE PRODUCT. YOU RECOGNIZE THAT SEARCH ENGINES DO NOT LOOK KINDLY ON SEARCH ENGINE CLOAKER, AND YOU TAKE SOLE RESPONSIBILITY FOR USING THIS SOFTWARE PRODUCT. WE DO NOT PROVIDE ADVICE, WARRANTIES, OR REPRESENTATIONS IN THIS REGARD. YOU UNDERSTAND THAT SEARCH ENGINES MAY TAKE RECOURSE AGAINST SITES THAT USE CLOAKING SOFTWARE, INCLUDING, BUT NOT LIMITED TO, EXPUNGING YOUR ENTIRE SITE FROM THEIR INDEXES. YOU HOLD CLOAKER, ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATED PARTIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING SOFTWARE BLAMELESS IN SUCH CIRCUMSTANCES. YOU REALIZE AND RECOGNIZE THAT SEARCH ENGINE CLOAKING ENTAILS SIGNIFICANT RISKS.

YOU FURTHER UNDERSTAND THAT CLOAKER MAKES NO WARRANTIES, GUARANTEES, OR CLAIMS IN REGARDS TO YOUR OUTCOME BY USING THIS SOFTWARE. WE DO NOT GUARANTEE THAT YOU WILL BE LISTED IN THE SEARCH ENGINES, OR THAT YOUR LISTINGS WILL INCREASE. YOU RECOGNIZE THAT IT IS DIFFICULT TO GET HIGH-PROFILE SEARCH ENGINE LISTINGS. YOU RECOGNIZE THAT IT MAY TAKE SEVERAL MONTHS OR LONGER, IF EVER, BEFORE YOU NOTICE AN INCREASE IN LISTINGS DUE TO OUR SOFTWARE.

ADDITIONAL LEGAL NOTICES. Any failure by CLOAKER to enforce any of the rights specified in the Terms or applicable laws shall not constitute a waiver of such right. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, you, CLOAKER, and the court shall endeavor to give effect to the intent reflected in that provision, and the remaining provisions shall retain their full force and effect. It is your responsibility to determine if use of Software Product is in violation of any local, state, regional, or national laws. Under no circumstances shall CLOAKER never be liable for an amount greater than the price you paid for the Software Product.

This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Oregon. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion. Notice of any change by e-mail, to your address on our records, or the posting on our site is considered sufficient notice for notifying you of a modification to the terms and conditions of this Agreement.