IndustryPlayer ® End User License Agreement June 14, 2009 ********************************* IMPORTANT NOTICE Also please note that the Industryplayer service and software, as with most Internet applications, is vulnerable to various security issues and hence should be considered unsecured. By using the Industryplayer service and software and the Internet in general, you may be subject to various risks, including among others: * Unauthorized invasion of your privacy during, or as a result of, your use or another's use of the system. * Spoofing, eavesdropping, sniffing, spamming, breaking passwords, harassment, fraud, forgery, 'imposturing', electronic trespassing, tampering, hacking, nuking, system contamination including without limitation use of viruses, worms and Trojan horses causing unauthorized, damaging or harmful access and/or retrieval of information and data on your computer and other forms of activity that may even be considered unlawful. * Unauthorized exposure of information and material you listed or sent, on or through the Industryplayer system to other users, the general public or any other specific entities for which the information and material was not intended by you. If you do not wish to be subjected to these risks, you are advised not to use the Industryplayer service and software. Please note that in each and every Internet application, the IP address of the sender is an integral part of the TCP/IP standard protocol of the Internet, and can be extracted by any party to the communication session using certain software and/or hardware. ****************** This software is being licensed to you by Tycoon Sistemas Ltda and is provided on an -AS IS- basis, for your private personal use only. By accepting the terms of this license agreement you agree that Tycoon Sistemas Ltda is permitted to limit, deny, create different priorities to different users, update or cancel some or all of the functionality of this Software at any time, without prior notice. Tycoon Sistemas Ltda DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE Industryplayer SOFTWARE, THE Industryplayer SERVICES AND INFORMATION, THE SERVICE AND THE ACCESS TO THE SERVERS, OR THE INFORMATION PROVIDED BY THE VARIOUS Industryplayer LISTINGS AND DATABASES IN TERMS OF THE ACCURACY, RELIABILITY, QUALITY, VALIDITY, STABILITY, COMPLETENESS, CURRENTNESS, OR OTHERWISE OF THEIR CONTENTS OR PRODUCTS, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE, THE Industryplayer SERVICES AND INFORMATION AND ACCESS TO THE SERVERS OR THE VARIOUS Industryplayer LISTINGS DATA, IS ASSUMED BY YOU. Tycoon Sistemas Ltda does not warrant or guarantee that the Industryplayer Services and Information and the functions or services performed by Tycoon Sistemas Ltda will be uninterrupted or error-free or that defects in the Software and the Industryplayer Services and Information will be corrected. Tycoon Sistemas Ltda does not warrant or guarantee that all Software versions shall be provided with similar grades and level of service, features, functionality and the ability to use, the Software or the Industryplayer Services and information. IN NO EVENT WILL Tycoon Sistemas Ltda BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE Industryplayer SOFTWARE, THE Industryplayer NETWORK, THE Industryplayer SERVICES AND INFORMATION, VARIOUS LISTINGS OR ANY OTHER 'INFORMATION', EVEN IF Tycoon Sistemas Ltda SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY INFORMATION. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, Tycoon Sistemas Ltda's LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Tycoon Sistemas Ltda may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under this agreement to a subsidiary, affiliate successor thereof or to any third party whatsoever, without notifying you or receiving your consent. You shall not transfer, assign, delegate, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this agreement. Copyright (c) 2005-2009 Tycoon Systems ALL RIGHTS RESERVED