Terms and Agreement

Usenetic Terms of Usage & License Agreement

Last updated: 10-JUN-2018

  1. DEFINITIONS:
    1. "Agreement" means this License Agreement
    2. "Intellectual Property Rights" means all rights in and to any copyright, trademark, trading name, design, patent, know how (trade secrets) and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic field and any application or right to apply for registration of any of these rights and any right to protect or enforce any of these rights.
    3. "Program" means Usenetic, including all associated services, documentation and other materials.
    4. "Licensor" means Xorox B.V., a company organised and existing in the Netherlands, with a registered address at Lichtenauerlaan 102, 3062 ME Rotterdam.
    5. "Licensee" means you, the end user of the Program.
  2. PRIVACY
    1. We never log or collect any MegaSearch search queries or other Usenetic usage. Neither do we log or collect any information about what you download or post. See our Privacy Policy.
  3. BETA LICENSE
    1. The beta license is a full working Usenetic license free of charge for a unspecified period.
    2. The beta license includes a full working MegaSearch license free of charge for a unspecified period.
    3. The license terminates automatically when beta testing is no longer required.
    4. The beta license requires an internet connection each time the Programs is started.
  4. TRIAL LICENSE
    1. The trial license is a full working evaluation license free of charge for a period of 7 days.
    2. The trial license includes a full working MegaSearch license free of charge for a period of 7 days.
    3. After the trial period the license terminates automatically unless the Licensee purchase a full license.
    4. The Licensee may not use the the Program for more than one trial period.
    5. The trial license requires an internet connection to activate the license only once.
  5. FULL PROGRAM LICENSE
    1. A full Program license never expires.
    2. A full Program license gives access to all the Program features, except the MegaSearch and Watchdog features.
    3. A full Program license does NOT includes a MegaSearch license.
    4. The MegaSearch license must be purchased separately, unless stated otherwise.
    5. The full Program license requires an internet connection to activate the license only once.
  6. FULL MEGASEARCH LICENSE
    1. A full MegaSearch license is an optional license that can be purchased on top of a full Program license.
    2. A full MegaSearch license gives unlimited access to the MegaSearch database AND the Watchdog feature.
    3. A full MegaSearch license remains active until the subscription period ends.
    4. After the subscription period is ended the license terminates automatically unless the Licensee renews the subscription.
    5. Full MegaSearch licenses are not automatically renewed.
    6. The full MegaSearch license requires an internet connection to activate the license only once.
  7. LICENSE GRANT
    1. Licensor grants to the Licensee a non-exclusive, non-transferable license for the Term to use the Program for the specific purpose specified in this Agreement, subject to the terms and conditions set out in this Agreement.
    2. This License Agreement replaces and supersedes all prior negotiations, dealings, and agreements between Licensor and Licensee regarding this Program.
    3. This License Agreement is valid without Licensor's and Licensee's signature. It becomes effective upon the use of the Program.
  8. LICENSEE'S OBLIGATIONS
    1. The Licensee will not distribute, sell, license or sub-license, let, trade or expose for sale the Program or License/Activation Key to a third party.
    2. This License permits Licensee to install the Software on no more than three computer systems.
    3. Licensee will not make copies of the Software or allow copies of the Software to be made by others, unless expressly approved by Licensor. Licensee may make copies of the Software for backup purposes only.
    4. No changes to the Program or its content may be made by Licensee.
  9. INTELLECTUAL PROPERTY RIGHTS
    1. All Intellectual Property Rights over and in respect of the Program are owned by Licensor. The Licensee does not acquire any rights of ownership in the Program.
  10. LIMITATION OF LIABILITY
    1. The Licensee acknowledges and agrees that neither Licensor nor its board members, officers, employees or agents, will be liable for any loss or damage arising out of or resulting from Licensor's provision of the Program under this Agreement, or any use of the Program by the Licensee or its employees; and Licensee hereby releases Licensor to the fullest extent from any such liability, loss, damage or claim. This also includes any claim asserted against the Licensee by any other party, including but not limited to claims for infringement of copyright or other intellectual property rights.
  11. PROGRAM WARRANTIES
    1. The Program is provided by Licensor on an "as is" basis.
    2. Licensor does not warrant that the Program will function in any environment.
    3. To the extent permitted by law, no express or implied warranty, term, condition or undertaking is given or assumed by Licensor, including any implied warranty of merchantability or fitness for a particular purpose.
  12. INDEMNITY
    1. The Licensee must indemnify, defend and hold harmless Licensor, its board members, officers, employees and agents from and against any and all claims (including third party claims), demands, actions, suits, expenses (including attorney's fees) and damages (including indirect or consequential loss) resulting in any way.
  13. GOVERNING LAW
    1. This Agreement will be construed by and governed in accordance with the laws of The Netherlands. The Licensor and Licensee submit to exclusive jurisdiction of the courts of The Netherlands.
  14. TERMINATION
    1. Licensor has the right to terminate this License Agreement and Licensee's right to use this Software upon any material breach by Licensee.

MegaSearch Disclaimer

  1. CONTENT
    1. MegaSearch automatically collects and index usenet headers directly collected from public Usenet recourses, using automated machines and scripts. We cannot and do not monitor, review, approve or endorse the content that these headers represent and for this reason we cannot guarantee that MegaSearch will not retrieve unintended headers, which represents content of a copyrighted, objectionable, inappropriate or offensive nature.
  2. WARRANTIES
    1. MegaSearch and it's additional features are provided on an "as is" basis with no warranties whatsoever.
    2. MegaSearch and it's licensors disclaim any warranties regarding the MegaSearch services.
  3. DISCLAIMER
    1. The Licensee acknowledges and agrees that downloading content obtained through the use of the MegaSearch services is completely at your own risk and that you are fully responsible for any damages to your hardware and/or software. The Licensee also acknowledges and agrees that neither Licensor nor its board members, officers, employees or agents, will be liable for any claim asserted against the Licensee by any other party, including but not limited to claims for infringement of copyright or other intellectual property rights, based on downloading content obtained through the use of the MegaSearch service.