Pluck - Pluck RSS reader, bookmark manager, publisher
Pluck: RSS reader and feed directory. Persistently search Google, eBay, Amazon, news sites, blogs. Publish folders to the Internet. Synchronize folders, feeds and bookmarks across your home and work PCs. It's your Personal Web Information Center.
File Information | | pluck_setup.exe | | Version: 1.0 from 2005-03-22 | | Language: English | | Size: ~5 MByte | | OS: Windows2000,WinXP | | System requirements: IE 6 | | Release status: New Release |
Pluck's Award-winning RSS Reader lets you get your favorite RSS feeds when and how you want them in an easy-to-view interface. Pluck's browser-based RSS Reader persistently searches Web pages and product listings from Google, Author Information | | Company: Pluck Corporation | | Location: Austin/USA |
eBay, Amazon, news sites, and Web logs with automatic notification for new entries or price changes. Discover new feeds on any topic with Pluck's integrated RSS feed directory and search engine. Save feeds, perches, and bookmarks Program Information | | Pluck | | Freeware EULA Distribution | | Trial limits: None | | PAD file |
all in one folder, keeping related information in one place. Just point and click to capture, annotate, store, and send a page link from one place. Publish folders to the Internet on Pluck-hosted Web pages. Allow visitors to Screenshot |
subscribe to your public folder to receive updates via a built-in RSS feed. Synchronize folders and any of the Web sites and feeds you want to synchronize on both your home and work PCs and access it all from anywhere by logging Other Information | | Record from: 2005-06-07 | Rating:  |
into Pluck Web Edition. Pluck is the Personal Web Information Center that will greatly improve how you consume, control, and create information on the Web, all from a lightweight, browser-based application.
EULA License InformationEND-USER LICENSE AGREEMENT FOR PLUCK SOFTWARE APPLICATION
PLEASE READ CAREFULLY: THIS SOFTWARE LICENSE AGREEMENT "AGREEMENT" IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND/OR YOUR ORGANIZATION "YOU" PLUCK CORPORATION "COMPANY" OR "WE". USE OF THE PLUCK CLIENT SOFTWARE AND ASSOCIATED SERVICES AND DOCUMENTATION IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY INSTALLING AND CLICKING THE "ACCEPT" BUTTON, YOU AGREE TO ALL TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, CLICK THE "CANCEL" BUTTON. ALL QUESTIONS CONCERNING THIS AGREEMENT SHOULD BE DIRECTED TO PLUCK CORPORATION, 720 BRAZOS ST, #900, AUSTIN, TX 78701.
1. Definitions. As used in this Agreement: "Software" means the Pluck Client software, as updated or upgraded from time-to-time and including any third party software made available in conjunction with this software. "Services" means Internet and/or web-based services hosted by, linked, to, or otherwise accessed by the Software. "Documentation" means the documentation, in either electronic or printed format, provided with the Software. "Use" means storing, loading, installing, executing, connecting to Services, or displaying; or making copies incident to the foregoing actions.
2. Deliverables. By accepting this Agreement, you may download and install the Software in object code form and accompanying Documentation from a website powered by the Company service.
3. Grant of License. We grant to you a personal, non-exclusive, non-transferable, restricted license to Use the Software and the Documentation for the Software’s intended purpose only, as stated in the Documentation. Company reserves all rights in the Software and Documentation not expressly granted to you in this Agreement.
4. Non-personal Use. You must obtain written permission from Pluck if you want to sell the Software or any information, services, or software associated with or derived from it, or if you want to modify, copy, license, or create derivative works of the Software. You may link to authorized download sites for Pluck. The personal grant of license also specifically prohibits the use of the Software for the purpose of connecting with or gathering information from internal corporate information sources.
5. Restrictions. You shall not shall not permit any third party to: except as expressly set in this Agreement, use, copy, modify, create derivative works of, distribute, sell, assign, pledge, sublicense, lease, loan, rent, deliver or otherwise transfer the Software or any copies; remove from the Software or any copies, or alter, any of the Company trademarks, trade names, logos, patent or copyright notices or markings, or add any other notices or markings to the Software; use the Software in any manner that could damage, disable, overburden, or impair Pluck’s services; use Pluck in any manner that could interfere with any other party's use and enjoyment of Pluck’s services; decrypt the Software; or derive or attempt to derive the source code of, disassemble, reverse engineer, or decompile the Software by any means, nor permit or assist any party to derive or attempt to do so; provided, however, where you have other rights under statute that make this contractual prohibition void, you agree to provide Company with reasonably detailed information regarding any intended disassembly.
6. Ownership. This license confers no ownership rights to you and is not a sale of any rights in the Software, the Documentation, or the media on which either is recorded or printed.
7. Updates. You understand we may update the Software at any time and in doing so incur no obligation to furnish such updates to you pursuant to this Agreement. However, any such update to the Software provided to You by Company shall be governed by this Agreement.
8. Support. We are not obligated to provide you any maintenance or support for the Software or Services.
9. Description/Use Of Service. The Service is a service that allows users to share, synchronize and organize information across multiple personal computers. The Service allows users to publish the contents of those folders on the World Wide Web for personal, group, or public, access. You may only use the Service for its intended purpose and solely in accordance with this Agreement. The Service is made available to you for personal use only. You must be at least 13 years of age to use this Service. You may only access the Service using the Software or through Pluck’s web sites unless otherwise approved by Pluck in writing. The Service may contain advertisements, links to other Internet sites and third-party resources. Pluck is not responsible for either the content of such resources or their availability or use. As part of your use of the Service, you provide registration information to Pluck, which will be used in accordance with Pluck's Privacy Policy. You warrant all such registration information is accurate and truthful agree to update such information as necessary. You may also be assigned a user name and password. You are responsible for maintaining the confidentiality of such information. Pluck reserves the right to refuse service to anyone without notice for any reason. Pluck reserves the right to charge for the Service and/or impose limits at any time. Group folders can be used by individuals as they see fit as long as information in those folders does not violate applicable state or federal laws or terms of this Agreement.
10. Public Folders. Pluck offers the ability to publish the contents of your folders to publicly accessible web pages. You agree you are responsible for such information and when you choose to make a folder/folders. Any information in such folder/folders will be accessible to anyone on the World Wide Web along with your chosen public username. You agree the contents of these folders do not will not, violate applicable state or federal laws or the terms of this Agreement. Pluck has the right to remove any Public Folders and/or content that violate this Agreement, applicable law, or are otherwise objectionable in Pluck's discretion.
11. Use of Information. By using the Software and/or Service you agree Pluck may use information you contribute to the System such as links, RSS feeds, etc. to provide additional services to you and to other customers. Your personal comments and annotations will not be used or displayed unless you have chosen to make them Public. Pluck owns all rights in and to such aggregated information.
12. Use Restrictions. You agree you will use the Service in compliance with all applicable local, state, national international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to shall not authorize or encourage any third party to: use the Service to upload, transmit or otherwise distribute any content that is objectionable as reasonably determined by Pluck; upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; prevent others from using the Service; use the Service for any fraudulent or inappropriate purpose; invite any party with whom you do not have a previous personal or commercial relationship to a folder invite a minor to an adult-oriented folder or use the Service to facilitate sending "spam" or unsolicited commercial email. Violation of any of the foregoing may result in immediate termination of this Agreement may subject you to state and federal penalties and other legal consequences. Pluck reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.
13. Content. Pluck takes no responsibility for any content contained within the Service, nor does Pluck have any obligation to monitor such third party content. Pluck reserves the right at all times to remove or refuse to distribute any content on the Service. Pluck also reserves the right to access, read, preserve disclose any information as it reasonably believes is necessary to satisfy any applicable law, regulation, legal process or governmental request, enforce this Agreement, including investigation of potential violations hereof, detect, prevent, or otherwise address fraud, security or technical issues, respond to user support requests, or e protect the rights, property or safety of Pluck, its users and the public. Pluck may alter the structure of hyperlinks submitted in connection with use of the Service provided the destination page of the hyperlink is shown when accessing the hyperlink remains the same. Pluck will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
14. Assumption of Operational Costs and Electronic Delivery Risks. You shall assume all responsibility for electronic delivery, installation operation of the Software and Documentation and access to and Use of the Service, including without limitation, necessary hardware and software, transaction costs, installation charges, risk of loss, use charges, taxes, transfer charges, like costs and associated taxes. You agree to bear the risk of liability or damage associated with electronic delivery, including without limitation the risk of viruses, errors, or data loss.
15. Account Inactivity. Your Pluck account will remain active as long as you use it at least once each calendar month. If the account is still inactive 30 days after the mailing of a notice, the account will be deleted.
16. Intellectual Property. Pluck shall own and retain all rights, title and interest in and to the Service, including all software and data related thereto. You acknowledge the software and data related to the Service including, without limitation, any usage data or derivative works thereof are copyrighted by Pluck and may contain trade secrets or other intellectual property owned by Pluck. You agree you will not copy, alter, modify, or create derivative works of the Service. You also agree you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. Pluck does not grant you any licenses, express or implied, to the intellectual property of Pluck or its licensors except as expressly stated in this Agreement.
17. Privacy. As a condition to using the Service, you agree to the terms of the Pluck Privacy Policy. In connection with your use of the Service, you agree and understand Pluck may direct advertising content to you. This process is entirely automated and will not result in the disclosure of any of your personal information to the advertisers or other third parties without your consent. In addition, Pluck may collect usage data and other statistics resulting from your use of the Services. Such data will be used internally by Pluck may be provided to third parties only in aggregate or anonymous form.
18. Proprietary Information. You agree the Documentation, Software and all code, inventions, algorithms, know-how and ideas you obtain from Company and all other business, technical and financial information you obtain from Company are the confidential property of Company and its licensors “Proprietary Information”. Except as expressly and unambiguously allowed herein, You will hold in confidence and not use or disclose any Proprietary Information and shall similarly bind your employees in writing. Your nondisclosure obligation shall not apply to information you can document is generally available to the public other than through breach of this Agreement. You acknowledge and agree that due to the unique nature of Company’s Proprietary Information, there can be no adequate remedy at law for any breach of your obligations hereunder, that any such breach may allow You or third parties to unfairly compete with Company resulting in irreparable harm to Company therefore, that upon any such breach or any threat thereof, Company shall be entitled to appropriate equitable relief without the posting of any bond in addition to whatever remedies it might have at law and to be indemnified by You from any loss or harm, including, without limitation, lost profits and attorney’s fees, in connection with any breach or enforcement of your obligations hereunder or the unauthorized use or release of any such Proprietary Information.
19. Representations and Warranties. You represent and warrant all of the information provided by you to Pluck to use the Service is correct and current; you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder; and your Use of the Software, Documentation and Service shall be in strict accordance with this Agreement.
20. Disclaimer of Warranties. YOU UNDERSTAND AND AGREE YOU DOWNLOAD AND/OR USE THE SOFTWARE AND SERVICES AND ALL THIRD PARTY SOFTWARE AND SERVICES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH PLUCK AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE SOFTWARE. THE SOFTWARE, SERVICES, DOCUMENTATION ANY SUPPORT THEREWITH IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND WE EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INTERFERENCE, ACCURACY OF DATA NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE SPECIFICALLY DO NOT WARRANT THE SOFTWARE WILL OPERATE WITHOUT INTERRUPTION, BE ERROR-FREE, OR ACHIEVE ANY SPECIFIC RESULTS OR THE SERVICE WILL BE AVAILABLE FOR USE.
21. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL PLUCK OR ANY THIRD PARTY WHO MAKES ITS SOFTWARE OR SERVICES AVAILABLE IN CONJUNCTION WITH OR THROUGH PLUCK BE LIABLE TO ANY USER ON ACCOUNT OF USER'S USE OR MISUSE OF PLUCK SOFTWARE, SERVICES, OR DOCUMENTATION, OR SUCH THIRD PARTY SOFTWARE. WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION LOST PROFITS OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE FOR ANY CLAIMS OF THIRD PARTIES RELATING TO THE SOFTWARE. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SOFTWARE AND SERVICES AND ALL THIRD PARTY SOFTWARE AND SERVICES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH PLUCK, FROM INABILITY TO USE THE SOFTWARE, SERVICES OR DOCUMENTATION AND ALL THIRD PARTY SOFTWARE OR SERVICES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH PLUCK, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SOFTWARE, SERVICES DOCUMENTATION AND ALL THIRD PARTY SOFTWARE AND SERVICES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH PLUCK 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. THE DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY CONTAINED IN THIS AGREEMENT ARE FUNDAMENTAL PARTS OF THE BASIS OF COMPANY’S BARGAIN HEREUNDER YOU ACKNOWLEDGE WE WOULD NOT BE ABLE TO PROVIDE THE SOFTWARE TO YOU FOR NO CHARGE ABSENT SUCH LIMITATIONS.
22. Jurisdictions Preventing Limitation or Exclusion of Warranty or Liability. Since some states do not allow certain limitations or exclusions of warranties or liability, some or all of the limitations and exclusions set forth above may be held unenforceable as to you. In such cases, the liability limitations set forth above shall apply to the greatest extent permitted under applicable law.
23. Export. You warrant you will comply with all regulations of agencies of the U.S. Government regarding export and re-export restrictions on the Software or the Documentation, including without limitation, the Export Administration Regulations of the U.S. Department of Commerce, which prohibit the export or diversion of certain technical products to certain countries and you will cooperate as requested by Company to insure compliance with any such export restrictions. You agree to indemnify, defend and hold Company harmless from any damages incurred as a result of your breach of this Section
24. Term and Termination. This Agreement is effective upon the downloading of the Software shall remain in effect in perpetuity unless terminated in accordance with this section. You may terminate this Agreement at any time by uninstalling and destroying both the Software and Documentation together with any copies thereof. The Agreement will also automatically terminate upon your failure to comply with any term or condition of this Agreement. In addition, Company reserves the right to terminate your account and this Agreement by notifying you by email. Upon termination, you shall either return to Company or uninstall and destroy both the Software and the Documentation together with any copies thereof; and all terms and conditions of this Agreement shall cease, except for Sections 1 Definitions, 5 Restrictions, 6 Ownership, 10 Use Restrictions, 11 Content, 12 Assumption of Operational Costs and Electronic Delivery Risks, , 14 Intellectual Property, 16 Proprietary Information, 18 Disclaimer of Warranties, 19 Limitation of Liability, 20 Jurisdictions Preventing Limitations, 22 Term and Termination 23 General which shall survive any termination of this Agreement. Termination of this Agreement in accordance with this section shall not give rise to any liability or loss upon the terminating party from the other party if such loss is primarily based upon or resulting from a termination per this section.
25. General. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Texas without regard to any principles of conflict of laws. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed. All disputes arising under this Agreement shall be brought exclusively in a court of law located in Travis County, Texas. You consent to the personal jurisdiction of such courts and hereby waive any objection to venue of such courts. In the event one or more provisions of this Agreement are determined by a competent court to be illegal or unenforceable, the parties hereto agree to amend, limit or exclude such illegal or unenforceable portions to the minimum extent required so this Agreement shall otherwise remain in full force and effect and enforceable in accordance with its terms. Failure or delay in enforcing any right or provision of this Agreement shall not be deemed a waiver of such right or provision with respect to any subsequent breach. No terms, provisions, or conditions of any purchase order, acknowledgement, check, or other business form you may use in connection with the acquisition or licensing of the Software will have any effect on the rights, duties, or obligations of the parties under this Agreement, regardless of any failure of Company to object to such terms, provisions or conditions. This Agreement constitutes the complete agreement between the parties and supersedes all prior or contemporaneous discussions, representations proposals, whether in writing or oral, with respect to the subject matter of this Agreement. This Agreement may not be amended or modified in any respect unless approved in writing and signed by a duly authorized representative of the respective parties. Your rights under this Agreement may not be transferred or assigned without the prior express written consent of Company. |
Distribution License InformationTerms of Service
http://www.pluck.com/content.aspx?terms |
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