PLEASE READ THIS END USER LICENSE AGREEMENT ("LICENSE")
CAREFULLY BEFORE CHOOSING THE "YES" OPTION BELOW. BY
CHOOSING "YES," YOU ARE AGREEING TO BE BOUND BY THE
TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS
LICENSE, THEN TREKBLUE, INC. (HEREINAFTER COLLECTIVELY "TREK
BLUE") DOES NOT CONSENT TO LICENSE THE SOFTWARE TO YOU, AND
YOU SHOULD NOT USE THE SOFTWARE. BY INSTALLING, DOWNLOADING, COPYING,
OR OTHERWISE USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE
READ THESE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO
BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS,
YOU ARE NOT AUTHORIZED AND MAY NOT USE THE SOFTWARE.
The "Trek Blue" software and/or programs (the "’Trek
Blue’ Program[s]" or "program[s]"), documentation
and any fonts accompanying this License whether on disk, in read
only memory, on any other media or in any other form are licensed
to you by "Trek Blue." You own the media on which the
program(s) is recorded but "Trek Blue" retains title
to the "Trek Blue" Program(s). The "Trek Blue"
Program(s) and any copies that this License authorizes you to
make are subject to this License.
2. PERMITTED USES AND RESTRICTIONS
This License allows you to install and use the "Trek Blue"
Program(s) on your private computer. Any saved or archived "Trek
Blue" Program(s) must include all copyright information and
related License documentation contained on the original. You may
NOT decompile, reverse engineer, disassemble, modify, rent, lease,
distribute, make any commercial use of or create derivative works
based upon the "Trek Blue" Program(s) in whole or part.
Your rights under this License will terminate automatically without
notice from "Trek Blue" Program(s) if you fail to comply
with any term(s) of this License.
3. PERSONAL USE ONLY FOR ENTERTAINMENT PURPOSES
The entertainment portion of the "Trek Blue" Program(s)
is made available for your personal, non-commercial use only.
You may not modify, copy, distribute, transmit, display, perform,
reproduce, publish, license, create derivative works from, transfer,
or sell any information, software, products or services obtained
from the "Trek Blue" Program(s). Use of the functional
or entertainment portion of the "Trek Blue" Program(s)
for any purpose other than personal use or entertainment is expressly
4. ACKNOWLEDGEMENT OF UPDATES
ERRORNUKER IS NOT ADWARE AND WILL NEVER DOWNLOAD ADWARE OR SPYWARE
APPLICATIONS ONTO YOUR PC. However, you acknowledge that the "Trek
Blue" Program(s) include technology which allows "Trek
Blue" to provide updates to the software directly to your
computer. By installing, downloading, copying, updating or otherwise
using the "Trek Blue" Program(s), you specifically agree
to include and/or accept the noted software and technology through
which "Trek Blue" keeps "ErrorNuker" or other
"Trek Blue" programs current as a condition to using
the "Trek Blue" Program(s). Note that ErrorNuker allows
the user to select from three (3) methods of updating the definition
1 download updates automatically and notify me when the update
is available to install.
2 notify me when an update is available and only download and
install when I click "Yes."
3 disable auto-update. I'll check for all update manually.
Upon installation, the second option ( 2 - notify me when an
update is available and only download and install when I click
"Yes.") is the default and will be used unless the user
5. COMPLIANCE WITH LAWS
As a condition precedent to your use of the "Trek Blue"
Program(s), you agree to comply with all laws and regulations
applicable to your use of "Trek Blue" Program(s) including
but not limited to US and international copyright and all intellectual
property laws, obscenity, possession and distribution of child
pornography, violence against racial and/or gender groups, and
other prohibited pornographic materials pursuant to federal, state
and local laws. Specifically, you acknowledge that the "Trek
Blue" Program(s) is useful for personal entertainment only.
You acknowledge that images, portrayals, depictions, or other
representations of public events and personalities, if any, qualify
as a "fair use" and/or "parody" under state,
federal and international definitions thereof. Finally, you acknowledge
that the "Trek Blue" Program(s) is a personal search
tool and may NOT be used to:
- Transmit any content that is unlawful, harmful, threatening,
abusive, harassing, defamatory, vulgar, obscene, invasive of another's
privacy, hateful, or racially, ethnically or otherwise objectionable;
- Harm minors in any way;
- Impersonate any person or entity or falsely state or otherwise
misrepresent your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to
disguise the origin of any content transmitted through any means;
- Transmit any content that you do not have a right to transmit
under any law or under contractual or fiduciary relationships
(such as inside information, proprietary and confidential information
learned or disclosed as part of employment relationships or under
- Transmit any content that infringes any patent, trademark, trade
secret, copyright or other proprietary rights of any party;
- Transmit any material that contains software viruses or any
other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or
hardware or telecommunications equipment;
- Intentionally or unintentionally violate any applicable local,
state, national or international law, including securities exchange
and any regulations having the force of law;
- "Stalk" or otherwise harass another; or
- Collect or store personal data about other users. You acknowledge
and agree that "Trek Blue" may preserve content and
may also disclose content if required to do so by law or in the
good faith belief that such preservation or disclosure is reasonable
(a) comply with legal process;
(b) enforce this Agreement;
(c) respond to claims that any content violates the rights of
(d) protect the rights, property, or personal safety of "Trek
Blue", its users and the public.
- Monitor network traffic or make search requests in order to
accumulate information about individual users.
6. DISCLAIMER OF WARRANTIES
THE "TREK BLUE" PROGRAM(S) IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. "TREK BLUE"
MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, AS TO THE OPERATION OF THE "TREK BLUE" PROGRAM(S)
OR THE USE OR THE RESULTS OF THE USE OF THE"TREK BLUE"
PROGRAM(S). YOU EXPRESSLY AGREE THAT YOUR USE OF THE "TREK
BLUE" PROGRAM(S) IS AT YOUR SOLE RISK. "TREK BLUE"
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, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. "TREK
BLUE" DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY,
TIMELINESS, AND PERFORMANCE OF THE SERVICES. "TREK BLUE"
DISCLAIMS, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED
THROUGH THE "TREK BLUE" PROGRAM(S). "TREK BLUE"
DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH
THE "TREK BLUE" PROGRAM(S) OR RECEIVED THROUGH ANY PROVIDED
BY THE "TREK BLUE" WEB SITE OR ANY USE OF THE "TREK
BLUE" PROGRAM(S). "TREK BLUE" DOES NOT WARRANT
THAT THE "TREK BLUE" PROGRAM(S), THE "TREK BLUE"
SERVERS, OR E-MAIL SENT FROM "TREK BLUE" ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES
OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS
APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS,
OR LIMITATIONS MAY NOT APPLY TO YOU.
7. LIMITATION OF LIABILITY
IN NO EVENT SHALL "TREK BLUE" BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES
OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR NEGLIGENCE, DEFAMATION, COPYRIGHT OR ANY OTHER CLAIMS, ARISING
OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF
THE "TREK BLUE" PROGRAM(S) , WITH THE DELAY OR INABILITY
TO USE THE "TREK BLUE" PROGRAM(S) , THE PROVISION OF
OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE "TREK
BLUE" PROGRAM(S) OR OTHERWISE ARISING OUT OF THE USE OF THE
"TREK BLUE" PROGRAM(S), WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF USER HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE CERTAIN STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH
ANY PORTION OF THE "TREK BLUE" PROGRAM(S) , OR WITH
DISCONTINUE USING THE "TREK BLUE" PROGRAM(S) .
"ErrorNuker" and other "Trek Blue" Program(s)
and are the property of "Trek Blue" and protected by
United States and international copyright laws.
"ErrorNuker" and "Trek Blue" are trademarks
of "Trek Blue". You agree not to display or use such
trademarks in any manner without "Trek Blue"'s express
written prior permission.
10. EXPORT LAW ASSURANCES
You may not use or otherwise export or re-export the "Trek
Blue" Program(s) except as authorized by United States law
and the laws of the jurisdiction in which the "Trek Blue"
Program(s) was obtained.
The License constitutes the entire agreement between you and
"Trek Blue" Program(s) and govern your use of the "Trek
Blue" Program(s), superceding any prior agreements between
you and "Trek Blue". You also may be subject to additional
terms and conditions that may apply when you use affiliate services,
third-party content or third-party software. The License and the
relationship between you and "Trek Blue" shall be governed
by the laws of the State of California without regard to its conflict
of law provisions. "Trek Blue" may amend the License
at any time by a notice on the "Trek Blue" web site,
which shall be binding upon you. You may not revise or amend the
License without the prior written authorization of an officer
of "Trek Blue". You hereby irrevocably consent to the
personal and exclusive jurisdiction of the courts located within
the County of San Diego, State of California in all disputes arising
out of or relating to the use of the "Trek Blue" Program(s).
The failure of "Trek Blue" to exercise or enforce any
right or provision of the License shall not constitute a waiver
of such right or provision. If any provision of the License is
found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give
effect to the parties' intentions as reflected in the provision,
and the other provisions of the License remain in full force and
effect. You agree to indemnify and hold "Trek Blue",
its parents, subsidiaries, affiliates, officers, directors and
employees, harmless from any claim, demand, or damage, including
reasonable attorneys' fees, asserted by any third party due to
or arising out of your use of the "Trek Blue" Program(s).