Before you install Auction-Desktop tool, you must agree to the following End User License Agreement. By clicking the Agree button, you are acknowledging that you have read and agree to abide by the End User License Agreement. Auction-Desktop Tool Terms of Use. By using this software ("Auction-Desktop tool") you agree to be bound by the following terms and conditions (the "Terms and Conditions). Auction-Desktop tool. Use of Auction-Desktop tool grants you the right to use the Auction-Desktop tool which can only be used on the eBay auction site for your personal, non-commercial use only, subject to these Terms and Conditions. You may not modify, copy, publish, license, or sell any information or software associated with Auction-Desktop tool. You may not rent, lease, transfer or otherwise transfer rights to the Auction-Desktop tool. Furthermore, you may not use the Auction-Desktop tool in any manner that could damage, disable, overburden, or impair the eBay site, nor may you use Auction-Desktop tool in any manner that could interfere with any other party's use and enjoyment of the eBay site. You agree that you will use the Auction-Desktop tool only in compliance with all applicable laws, including but not limited to copyright and other intellectual property laws. Your right to use the Auction-Desktop tool will terminate immediately if you violate any provision of these Terms and Conditions. Upon termination, you may no longer use the Auction-Desktop tool. Intellectual Property You acknowledge that Auction-Desktop Limited owns all rights, title and interest in and to the Auction-Desktop tool, including without limitation all Intellectual Property Rights. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Auction-Desktop tool. You also agree to not remove, obscure, or alter eBay's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Auction-Desktop tool. Disclaimer of Warranties Auction-Desktop.co.uk disclaims any responsibility for any harm resulting from your use of the Auction-Desktop tool (including without limitation, any spoof site detection technology contained therein). THE AUCTION-DESKTOP TOOL IS PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. AUCTION-DESKTOP LIMITED EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF SPOOF SITE DETECTION TECHNOLOGY OR DATA, AND NON INFRINGEMENT OF PROPRIETARY RIGHTS. AUCTION-DESKTOP LIMITED DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF AUCTION-DESKTOP TOOL. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE AUCTION-DESKTOP TOOL AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF AUCTION-DESKTOP TOOL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL AUCTION-DESKTOP LIMITED BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AUCTION-DESKTOP TOOL. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF AUCTION-DESKTOP LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE AUCTION-DESKTOP TOOL, FROM THE PERFORMANCE OR MISPERFORMANCE OF THE AUCTION-DESKTOP TOOL FROM INABILITY TO USE AUCTION-DESKTOP TOOL, OR FROM THE INTERRUPTION SUSPENSION, OR TERMINATION OF AUCTION-DESKTOP TOOL (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. Indemnification You agree to indemnify and hold harmless Auction-Desktop Limited, and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees and agents, from any claim or demand, made by any third party due to or arising directly or indirectly out of your conduct or in connection with your use of the Auction-Desktop. Tool, any alleged violation of these Terms and Conditions, or any alleged violation of any applicable law or regulation. Auction-Desktop Limited reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, but doing so shall not excuse your indemnity obligations. The Auction Desktop Tool is designed to be used in conjunction with the eBay site. Accordingly, your use of Auction Desktop Tool is also defined by the Auction-Desktop Limited User Agreement and Privacy Policy. Miscellaneous. Provisions You are responsible for complying with trade regulations and both foreign and domestic laws. You acknowledge that the Auction-desktop Tool or underlying technology may not be downloaded to or exported or re-exported: (a) into (or to a resident or national of) Cuba, Iraq, Iran, Libya, North Korea, Syria or any other country subject to United States embargo; (b) to anyone on the US Treasury Department's list of Specially Designated Nationals or on the US Commerce Department's Denied Party or Entity List; and (c) you will not export or re-export the Software to any prohibited country, person, end-user or entity specified by US Export Laws. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of California, without giving effect to the conflict of laws provisions of California or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect. These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by Auction-Desktop Limited. Auction-Desktop Limited reserves the right to modify or change these Terms and Conditions from time to time.