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This disclaimer is a legal agreement between you (henceforth referred to as "the User") and darkddoser.com, regarding the software application DaRK DDoSeR (henceforth referred to as "the Software") which you have downloaded, or otherwise obtained through other resources or media such as CD-ROMs, floppy disks, or through a network in object code form or other related services. By accessing, downloading, storing, loading, installing, executing, displaying, copying the Software into the memory of a computer or otherwise benefiting from using the functionality of the Software in accordance with the documentation, you agree to be bound by the terms of this agreement. If you do not agree to the terms and conditions of this Agreement, darkddoser.com is unwilling to grant usage of the Software to you. In such event, you may not Operate or use the Software in any way. BY CLICKING THE "I AGREE" BUTTON IT IS INTERPRETED AS A SYMBOL OF YOUR SIGNATURE AND YOU ARE THEREBY CONSENTING TO BE BOUND BY THIS AGREEMENT AND AGREE THAT IT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE EXIT BUTTON REMOVE THE SOFTWARE FROM YOUR COMPUTER. By running this Software, you are consenting to be bound by this agreement. Upon termination of this agreement you will no longer be authorized to operate or use the Software in any way. The Software will not run on your computer unless or until you accept the terms of this agreement. 1. Proprietary Ownership Rights. You agree that the Software and any associated ideas, methods of operation, documentation and other information contained in the Software, are intellectual properties of darkddoser.com. You acknowledge that the source code for the Software is proprietary to darkddoser.com. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software. You may not remove any proprietary notices or labels on the Software. 2. Usage. darkddoser.com grants you permission to store, load, install and execute the specified version of the Software on an unlimited number of computers, workstations, personal digital assistants, mobile phones, hand-held devices, or other electronic devices for which the software was designed provided you are in compliance with the terms and conditions set out in this agreement. By accepting this agreement, you agree not to use the Software to: a.) Obtain unauthorized access to computer systems or electronic devices. You, the User, will be held accountable for using the Software to obtain unauthorised access to any computer system or device. By using the Software on a machine you are not authorised to do so, you are violating the terms of this disclaimer and therefore you, the User, agree to accept full responsibility for the consequences of improper usage of the Software. b.) Cause unauthorized modification. By accepting this agreement you hereby agree that you will not use the Software to cause unauthorised modification on any computer system or electronic device. By abusing the software to cause unauthorised modifications to a computer system or electronic device you are violating the terms of this disclaimer and you, the User, agree to accept full responsibility for the consequences of improper usage of the Software. c.) Cause the intentional loss or deletion of any type of data or information. By accepting this agreement you hereby agree that you will not use the Software to cause the intentional loss of data on a computer system or electronic device you are not authorised to access. By accepting this agreement you, the User, agree to accept full responsibility for the consequences that may result as well as total liability for accidental or intentional damage to any computer hardware or software, including damages caused by computer stoppages or crashes. d.) Endanger public safety. You agree that the Software will in no way, shape or form be used to endanger public safety. e.) Engage in denial of service attacks. You agree not to use the Software to participate, engage or otherwise contribute to any denial of service type attacks over the internet or any other network of computers or electroni devices. INTENTIONALLY SPREADING APPLICATIONS FOR MALICIOUS OR DAMAGING PURPOSES IS A CRIME PUNISHABLE BY FINE OR IMPRISONMENT. BY USING darkddoser.com PRODUCTS FOR MALICIOUS PURPOSES YOU ARE BREAKING THE TERMS AND CONDITIONS SET IN THIS AGREEMENT AND THEREFORE ACCEPT FULL RESPONSIBILITY FOR ANY CONSEQUENCES WHICH MAY RESULT FROM YOUR ACTIONS. 3. High Risk Activities. The Software is not designed or intended for use as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines or weapon systems in which the failure of the Software could lead directly to death, personal injury or severe physical or environmental damage ("high risk activities"). Accordingly, darkddoser.com specifically disclaims any express or implied warranty of fitness for High Risk Activities. 4. Disclaimer of Warranty. The Software is provided on an AS IS basis, without warranty of any kind. The entire risk as to the quality and performance of the software is borne by you, the User. Should the Software prove defective in any respect, the User, not darkddoser.com or any of its staff or associates, shall assume the cost of any service and repair. 5. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT OR OTHERWISE, SHALL darkddoser.com OR IT'S ASSOCIATES BE LIABLE TO THE USER, OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, PROFIT, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL darkddoser.com BE LIABLE FOR ANY DAMAGES CAUSED BY IMPROPER OR UNAUTHORISED USAGE OF THE SOFTWARE, EVEN IF THE USER HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. 5.1 NO IMPLIED OR OTHER WARRANTIES. THE SOFTWARE IS PROVIDED "AS IS", WITH NO WARRANTIES WHATSOEVER; darkddoser.com DOES NOT, EITHER EXPRESSED, IMPLIED OR STATUTORY, MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS WITH RESPECT TO THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE OR A PARTICULAR PURPOSE. darkddoser.com FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE, NOR DOES darkddoser.com WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET USING THE SOFTWARE. YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. darkddoser.com MAKES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR FREE OR FREE FROM INTERRUPTION OR FAILURE, OR THAT IT IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, darkddoser.com DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS OR THE USE THEREOF. THEREFORE, darkddoser.com EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY REGARDING SYSTEM AND/OR SOFTWARE AVAILABILITY, ACCESSIBILITY, OR PERFORMANCE. darkddoser.com DISCLAIMS ANY AND ALL LIABILITY FOR THE LOSS OF DATA DURING ANY COMMUNICATIONS AND ANY LIABILITY ARISING FROM OR RELATED TO ANY FAILURE BY darkddoser.com TO TRANSMIT ACCURATE OR COMPLETE INFORMATION TO YOU. 5.2 LIMITED LIABILITY; NO LIABILITY FOR CONSEQUENTIAL DAMAGES. NEITHER darkddoser.com NOR ITS ASSOCIATES SHALL BE LIABLE TO THE USER OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, COVER OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE THE SOFTWARE OR LOSS OF GOODWILL, PROFIT, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF THE USE OF, OR INABILITY TO USE THE SOFTWARE AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF darkddoser.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. darkddoser.comS TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SOFTWARE THAT CAUSED SUCH DAMAGE. (We did not type this and take 100% no credit, all credits to whoever made it.) Absolutely no refunds, unless otherwise told!
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