NavCaster License

NavCaster Web Scanner Software & Related Services
License, Terms of Use, and Copyright Notice

The Software, its contents, and any product or service related to it or contained herein, is provided, as is, without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Neither the author of the Software or the distributor of the Software, nor TrafficCentral® LLC, nor any search exchange node within the TrafficCentral® Global Network warrant, guarantee, or make any representations regarding the use, or the results of the use, of the Software or of the related websites, products, services or written materials provided elsewhere or in the terms contained therein as to the correctness, accuracy, reliability, currentness, or otherwise function, effect, or affect of the Software on your or any computer or environment on or in which it may operate. This Software is considered experimental and new technology in it's nature and you assume the entire risk as to the result and performance of the Software, or any or all website(s), software, products or services contained therein, related to, or referenced by such Software. All risks, regardless of obviousness or completely unknown or unpredictable in nature, are assumed by you if the Software, website(s), related or supporting software, products, services, or other written materials are defective or cause negative side effects on your computing equipment, their networks, or other aspects of your environment where you ma choose to run, access, or operate the Software.. You, and not the author of the Software or the distributors or resellers of the Software, or TrafficCentral® LLC, or any search exchange node (Node) within the TrafficCentral® Global Network assume the entire cost of all necessary servicing, repairs, or corrections, or other damages related to your direct or indirect use of the Software or related services.

Special notice should be made that the Software can operate in an automated fashion and indirectly apply or create network traffic in a local networked environment, office network environment, local or remote hosting environment, on or around your computer or other computers connected to the computer or computers where you may option to operate the Software, and it is your whole responsibility to ensure that additional network traffic or bandwidth created by the Software indirectly or directly does not cause damage to any third party and assume all risk and damage yourself should you continue to operate the software in any manner, manual or automated, and shall cover any costs in whole for any network bandwidth consumption known or assumed to be caused by the Software. You agree to gain permission from any networking or hosting provider, your employer(s), or others responsible for network bandwidth management, network support and costs thereof, Internet connectivity, or other computing resources, before running the Software in any third party environment where you do not own or control all aspects of the computing or networking environment. In any case, you assume all liability for damages, whether financial or otherwise, for use of the Software in your own or any third party environment, in any environment.

While attempts have been made to verify information contained in the content of the websites related to this Software, and the Software, the author of the Software or the distributors of the Software, neither TrafficCentral® nor any Node within the TrafficCentral® Global Network individually or collectively, assume any responsibility for errors, omissions, interpretation or usage of the Software or subject matter herein. You agree to obtain appropriate consultation from a computing professional regarding this Software and before any use of the Software, at your cost, to understand, predict, or estimate, any impacts that the Software may have on your computing equipment, or the direct or indirect impact the Software may have on the related computing or networking environments you may affect by running the Software.

By downloading, installing, accessing, or running the Software, you agree to abide by this License Agreement, Terms of Use, Disclaimer, and Copyright Notice (hereinafter the "Agreement") as well as any separate Terms and Conditions (of Use) or other legal documents contained on or at the website(s) from which you obtained the Software, or leverage any of the related services for fee or for free. Failure to comply with this Agreement and/or any violation of the Copyright of this product or any other applicable legal agreements will be prosecuted to the fullest extent of the law. By downloading, running, or opening the Software, you also warrant that you are a person over the age of 18 and have the authority to do so.

The terms and conditions for participating in any service or program offered by any search exchange Node within the TrafficCentral® Global Network are located at the particular exchange node. By using this software, and interacting with any node in the TrafficCentral Global Network, you are also indicating you are in agreement with those Terms and Conditions of use or other legal notices and disclaimers posted at each Node and at all of the Node's in aggregate, where applicable. The TrafficCentral® Global Network is subject to the availability of the exchange node websites including all of their web pages that may be contained within this Software or referenced by the Software. All persons seeking membership in any exchange Node within the TrafficCentral® Global Network must be at least 18 years to join. You understand that this notice is included herein as the Software is likely to interact and obtain and show you advertising from any or all of the exchange nodes, their customers, their members, or other third parties. You understand that due to the complexities of the large Internet and TrafficCentral Global Network that TrafficCentral or no Node owner or operator can or will be held responsible for any advertising you may find useless, irritating, offensive, inappropriate, or an inconvenience, or for any other reason that the advertising may be shown to you or others in your presence while using the Software. You understand that if you allow the Software to run automatically, you understand that additional advertisements may be shown in the presence of others through the presentation displays where you run the Software and you take full responsibility for any damages or complaints related to the presentation of any website, or advertisements, through the Software and hold the author of the Software, TrafficCentral, any Node in the TrafficCentral network, or any Seller (affiliate or reseller) related to your use of the Software blameless regarding said damages.

PRIVACY NOTICE: Any personal details about you which TrafficCentral may collect will never be sold, shared, rented, or passed on to any third party by the author of the Software or the distributors of the Software, TrafficCentral® LLC, nor any node within the TrafficCentral® Global Network. The information collected is for the use of the author of the Software or the distributor of the Software or related services, TrafficCentral® LLC, or any Node within the TrafficCentral® Global Network, or their Distributors, or Sellers, who provided you with this Software so that we may improve the function and use of the Software, its related services, and that you may be informed of new features, functions, passwords, or other related information about the Software or services related to it directly or indirectly, and new additions (add-ons or feature upgrades) for you to download or access. You can unsubscribe to e-mail at any time by simply clicking on the unsubscribe link at the bottom of each e-mailing -- although doing so would mean that you would no longer receive critical information about the Software and that the Software may become unusable, insecure, or unstable, as a result of such action. For further information, please see any Privacy Policy published at each site, or exchange Node within the TrafficCentral Global Network or at NavCaster.com or it's related websites.

TO BE BOUND: By downloading, using, installing, or opening the Software, you expressly agree: (1) to be bound by this Agreement, and and any other rules and terms and conditions of the websites which appear in this or are references by the Software if you choose to visit or use them in any manner; and (2) to release the author of the Software or the Sellers or the distributors of the Software, TrafficCentral® LLC, any Node operator or owner within the TrafficCentral® Global Network, and their Seller's or Distributors who furnished you with notice of or about this Software or download links to the Software and further release their owners, directors, officers, employees, agents, affiliates, resellers, successors, and assigns from any and all liability associated with the use or study of the Software, additionally releasing the TrafficCentral® Global Network and the individual exchange Nodes therein including but not limited to their websites, marketing pages, marketing materials, marketing support personnel or channels, related to the use or study of this Software.

By downloading, installing, using or running, applying, or opening the Software, you expressly agree to resolve any dispute, disagreement, claim, or lawsuit arising as a result of the use of the Software or it's related services, any associated Affiliate or Reseller Program, or any associated website(s) under the laws of the State listed in the Terms and Conditions (of Use) posted at the exchange Node from which you made your download or purchase and if such document is silent, then the laws of the State of Florida, U.S.A. shall apply.

This Software is provided for experimental use, and informational purposes, and is subject to the disclaimers contained herein as well as the disclaimers posted at any or all of the Nodes in the TrafficCentral Global Network. By using this Software you agree you have had ample time to study and thoroughly understand all notices and disclaimers at each of the exchange Nodes in the TrafficCentral Global Network, and further agree that you are not forced to use, or have any time limit's imposed upon you or others acting on your behalf, related to or regarding the appropriate study of said notices and disclaimers. In other words, TrafficCentral and it's agents, or independently operating Nodes in the TrafficCentral Global Network set no time limits nor requirements regarding your study of said notices and disclaimers prior to your initial use or continued use of the Software. Additionally, you agree that TrafficCentral or any Node in the global network may from time to time update this or other notices or disclaimers without prior notice to you. Regarding the modification of Terms of Use, the notices or disclaimers, please see the Terms and Conditions and other legal notices at TrafficCentral.com, TrafficCentral.net, and at each Node in the TrafficCentral Global Network. You agree that you have ample knowledge and understanding to research said notices, disclaimers, and Terms and Conditions, otherwise as needed you will notify TrafficCentral LLC of Nokomis, FL USA at address 603 Coquina Ct. Nokomis, FL USA 34275 that you would like assistance finding the Nodes in the global network, whereby TrafficCentral LLC of Nokomis, FL will provide you a URL on a website where you can see an up to date list of the Nodes that may be access by normal Internet web browsing methods for inspection of the Terms and Conditions and other legal notices, and disclaimers.

REFUNDS: Any person or entity who elects to purchase a specialized version of this License as described herein, who does not agree with this License must make a request for a refund, in writing, within 24 hours of said purchase or said purchaser is deemed t have accepted this License and Agreement in full. In the event that said purchaser has another disagreement or conflict, said purchase must send a notice in writing to TrafficCentral LLC of 603 Coquina Ct of Nokomis FL USA, including a personal statement to the fact that you have destroyed all copies of any portion of the Software received. Further, you must include a copy of any receipt for purchase and full seller contact information whereby TrafficCentral®, the author, the programmer, the seller, or the reseller or distributors of the Software, may option to contact the purchaser to discuss the details of the situation, with the understanding that TrafficCentral®, its directors, management, attorneys, or the author or programmer, or other authorized seller (including any TrafficCentral® exchange Node owner) or any Distributor of the Software are not responsible for any refunds which may be due to you. Only sums of money directly received from you by any of the noted entities may, at our discretion, be refunded to you in full or on a prorated basis, at our sold discretion. In the event that you choose not to follow these explicit instructions and instead file for a refund directly with any merchant processor causing any damage whatsoever with the relationship between the seller and the merchant, not only shall you be held liable for any actual damages caused to the seller's merchant account, but you may also be liable for liquidated damages in the amount of $5,000 per occurrence or the total amount of the purchase price, whichever is higher.

SPECIFIC TERMS AND CONDITIONS OF LICENSE TYPE: This Software is intended for both commercial and non-commercial use (personal use) when an appropriate and respective license has been purchased for such use. By default, the Software is distributed in a free demo or trial form with various restrictions to its features and time limits of operation, or time limits related to varying its functional characteristics with the intent of the author, TrafficCentral, the Node owners and operators in the TrafficCentral Network, or their affiliates, resellers, or other distributors, to cause you to purchase an appropriate license. Further, by using the Software, you agree to select and purchase an appropriate upgrade license after any free trial or demo period expires, or you agree to discontinue use of the Software.

The licenses related to the use of this Software are grouped into two primary categories, individual or personal (Personal) use licenses and corporate (Corporate) or commercial use licenses. You understand that the related purchasable license upgrade options related to each of these categories will include a reference to either of, or both of, the words 'Individual' or 'Personal' for non-commercial use licenses, and will contain a reference to either of, or both of, the words 'Corporate' or 'Commercial' in the related commercial use or corporate grade license products and options.

The first set of license upgrades possible is for individual use only, whereby a license upgrade is purchased, and referred to as a license upgrade or simply an upgrade, because it is applied as a license key change to the trial Software license that you have agreed to use herein and have downloaded, installed, or used in any manner. When an upgrade is purchased, traditionally a license key will be provided to you to unlock or enable the features of the Software related to the level of license upgrade which you have purchased. After purchase of an upgrade, instructions within the software or at its related websites will instruct you regarding what actions you agree to take to obtain the license key. You will be requested to provide certain information about the purchased transaction included but not limited to the e-mail address or other account id related to the upgrade purchase transaction, the transaction receipt id or its equivalent receipt information, and then you will be asked to and agree to take certain actions after we verify the information provided and generate an appropriate license key for your installation into the software and your later use. You understand that unless otherwise specified, you understand that each upgrade license is typically good for one year and further understand that each license will have to be renewed at the end of the one year period in order to continue using the Software. You understand that an Individual license is intended for non-commercial use, in the general form for personal use for entertainment purposes, and not for commercial or business operations. A license upgrade is required per computer that an Individual wishes to operate NavCaster on. In the event that you would like to leverage the Software in any way for any form of commercial use, you agree to purchase a Corporate level license for each person using the Software and for each computer where the person uses the Software.

The second set of licenses, referred to as Corporate level licenses, are intended and required for use by companies or employers, or employees thereof, when used on their hardware or computing equipment or networks in any manner other than for trial period use during an evaluation phase, and in particular licenses are required for continued or on-going use related to any company related communications, business, or other commercial or related activities, even if for use during company related charity events of other social activities sponsored by or done by the employer's employees when coordinated by or sponsored by the company. In other words, companies not wishing to license or allow use of NavCaster should ensure that it is not installed on their computing equipment or restricted from use by policy. A Corporate level upgrade license is required per individual using, and per computer running, the Software in the corporate or company environment. Company's seeking large volume discounts or requiring bulk pricing should only contact TrafficCentral LLC of Nokomis, FL USA only as no other distributor or seller may adjust or set such pricing.

ADDITIONAL DISCLAIMER AND LICENSE RESTRICTIONS:

In no event will either the author of the Software or the distributors of the Software, TrafficCentral® LLC, or any Node within the TrafficCentral® Global Network be liable for any direct, indirect, incidental, consequential, or other loss or damage arising out of the use of this Software by any person, regardless of whether or not the author of the Software, or the distributor of the Software, TrafficCentral® LLC, or any Node within the TrafficCentral® Global Network is informed of or aware of the possibility of damages that may be caused by or related to the use of the Software, even if known in advance of your use of the Software.

All URLs or other links to websites other than those to http://www.TrafficCentral.net, http://www.TrafficCentral.com, http://www.NavCaster.com are trademarked and/or copyrighted by their respective owners. TrafficCentral®, Unstoppable®, Unstoppable Advertising®, and GoingCentral™ are trademarked by TrafficCentral®, LLC. The individual nodes within the TrafficCentral® Global Network may also own their own respective trademarks and copyrights. This License does not in any way give you any right or privilege with respect to any Trademarks or Copyrights, including those owned by third parties. Where applicable, you are to honor the third party Trademarks and Copyrights. Any violation of a third party Trademark or Copyright will be prosecuted to the fullest extent of the law by both the third party and TrafficCentral® LLC as permitted by law.

All Trademarks, Trade names, Business Names, Logos, and website URLs (including those of any TrafficCentral® global network exchange nodes) contained within the Software or it's related websites are copyrighted by their respective owners and may not be reproduced, in whole or in part, unless left intact, explicitly in the order, location, and manner in which they are used within the Software and written permission is obtained for specific and limited use from the related owner.

The author, publisher, or programmer reserves the right to terminate any affiliate, reseller, distributor, or membership, program related to or associated with the sale or use of this Software, or use of the associated website(s) at any time, without warning or prior communication of any form, and you agree that said parties are not responsible for any results forthcoming from said termination. Furthermore, the author, publisher, distributors, sellers, or programmer or the Software extends no warranty of results of use of the Software or related services either expressed or implied, or from any other usage of the Software.

If referenced or provided, any example earnings or income statements, or earnings or income statements, whether contained on the website(s) or within the Software are only estimates of what someone thinks you could potentially earn under perfect or hypothetical conditions. You agree and understand that there is no assurance you will do as well as calculated or suggested by the fabricated examples provided. If you rely upon any hypothetical figures, you must accept the risk of not doing as well, and agree that TrafficCentral, the programmer of the Software or any related services or websites related to the hypothetical or real earnings experienced, will not be held responsible for any deltas, gaps, deficiencies, or differences related to the expenses or earnings you may encounter of experience while participating in any of the programs. Any and all claims or representations as to income earnings contained on the website(s) or within the Software or on any sites referred to or contained therein, are for illustration purposes only and are not to be considered as average earnings. You understand and agree there can be no assurance that any prior successes or past results as to income earnings, cost to operate or market the related business, can be used as an indication of your future success or results and that your results are expected to vary compared to others. You agree and understand the amount of time and effort that you spend marketing and promoting this opportunity, your effectiveness in doing so, may not directly correlate with your income results. Further, you agree to the earnings disclaimers found at TrafficCentral and each of the Nodes in the TrafficCentral Global Network prior to any use of the Software or participation in any of the related programs.

Anyone caught violating any license related to the use of the Software or its terms will forfeit his/her right to continue using or marketing the Software, should any such rights exist, both in their original state and in their branded state, should such state exist. Further, if any such person or entity shall have had Resale Rights or Distribution Rights, any such Resale Rights or Distribution Rights shall be immediately forfeited without refund and any such person or entity shall immediately forfeit his/her/its right to continue marketing or distributing the Software or its related services, whichever applies.

You agree and understand that use of headings, fonts, images, stylization, or other visual cues are for convenience only and do not explicitly identify or delineate any legal boundaries or terms explicitly.

You agree that if any term or provision within this agreement, this document, or in the related references incorporated indirectly by reference, are found to be invalid or unenforceable by any court of law and appropriate jurisdiction, the unenforceable term or provision will be deemed to be stricken and removed from this agreement, this document, and superceded or survived by any remaining enforceable terms of the agreement and the remaining terms, provisions, and agreement shall continue to remain in full force and effect.

This agreement and the related content of the Software or related websites are copyrighted by the respective owners. All rights are reserved.