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Victims Of Auction Software Piracy …
DON'T GET MAD, GET EVEN

Please review the terms and conditions below before applying.


TERMS AND CONDITIONS

A. Eligibility Requirements:
To be eligible to participate in SIIA's Don't Get Mad, Get Even program, you must satisfy all the conditions set forth below:

  1. To the best of your ability you must: completely and accurately answer each of the questions on the "Don't Get Mad, Get Even" application and click "submit" no later than 11:59 pm EST on January 15, 2009.

  2. You must promptly answer all inquiries and follow up questions from SIIA staff or its representatives to the best of your abilities. You agree to provide SIIA with the following items upon SIIA's request:

    (A) The copy of the software that you obtained from the auction seller you are reporting;
    (B) All packaging, documentation, and other materials that were sent to you by, or you obtained from, the auction seller you are reporting, including, but not limited to, envelopes the software was shipped to you in, CD sleeves containing the software, boxes, and any documentation that accompanied the software, including for example, product manuals and payment records/receipts;
    (C) Copies of any correspondence between you and the seller you are reporting; and
    (D) A print out of the auction listing.

    The application and the items listed above are referred to as "your report."

  3. Your report must be submitted to SIIA between September 8, 2008 and January 15, 2009. All submissions received after 11:59 p.m. EST on January 15, 2009, will be rejected.

  4. Your report must allege that the software you received was counterfeit and pirated software published by one of the companies listed at http://www.siia.net/piracy/otherinfo.asp#members.

  5. The Don't Get Mad, Get Even Program is limited to reports of pirated and counterfeit software. All other reports are not eligible to participate in this program, including but not limited to, reports of the sale of contraband software and reports of counterfeit software sold on non-auction websites.

  6. The Don't Get Mad, Get Even Program is limited to software purchased from a seller located in the United States from an auction site located in the United States.

  7. You must not retain or make a copy of the particular software you obtained from the seller who you are reporting.

  8. Before your report can be submitted, you must have reviewed and agreed to these terms and conditions for participating in the program and have completed the online application form.

  9. All submissions will be retained by the SIIA and will not be returned.

  10. You may submit as many applications as you like but each application must report a unique seller.

  11. In the event SIIA is involved in litigation against the seller, to the extent allowable by federal, state or local law or regulations, and by applicable canons of professional responsibility or similar guidelines, SIIA may in its discretion reimburse you for your time and reasonable expenses for submitting the report, responding to SIIA's follow-up questions and attending or testifying in court. Any reimbursement paid will: (i) not be dependent upon nor any way connected to the outcome of the case or the content of your testimony, if any, and (ii) be reduced by the amount previously paid to you, if any, by SIIA under the terms of this program.

  12. The information provided by you must be deemed reliable and accurate by SIIA, in SIIA's sole judgment.

  13. Your report must not violate any contract or other legally binding agreement between you and any auction seller, auction site operator or any third party. You agree to comply with all government laws and regulations.

  14. By submitting an application to SIIA to participate in the Don't Get Mad, Get Even Program, you agree to all of the terms set forth in this document.

  15. All decisions regarding the Don't Get Mad, Get Even Program will be made by SIIA in its sole discretion, and are final.

  16. You must be a legal resident of the United States and be 18 years of age or older at the time of submission.

  17. Neither you nor any family member or relative must have been employed by SIIA or an SIIA member company.

  18. Neither you nor any family member or relative of yours can be the seller you are reporting. You must also not have any prior or existing non-business relationship with the seller, or have assisted or worked with the seller in any way.

  19. The information provided must not have been previously known by or reported to SIIA or its member companies.

  20. You agree to defend and indemnify SIIA against, and hold SIIA harmless from, any and all claims, suits, losses, damages, or expenses (including reasonable attorneys' fees and costs of litigation) alleged by the seller you are reporting or auction site which have been caused by any inaccuracies contained in your application or otherwise provided to SIIA.

  21. As a condition for participating in this program, you agree to release, waive, indemnify, and otherwise hold harmless SIIA and all persons associated with it from any liability associated with your application to the fullest extent of appropriate state or local laws. You agree that any liability imposed on SIIA as a direct result of your participation in this program shall be limited to direct damages. IN NO EVENT SHALL SIIA BE LIABLE FOR INDIRECT, SPECIAL, CONSEQUENTIAL, COLLATERAL, OR INCIDENTAL DAMAGES ARISING OUT OF YOUR PARTICIPATION IN THIS PROGRAM.

B. Operation of the Program:
SIIA's Don't Get Mad, Get Even program operates as follows:

  1. To participate in the program, completely and accurately answer each of the questions on the "Don't Get Mad, Get Even" Application, and submit the online application to SIIA.

  2. The program runs from September 8, 2008 to January 15, 2009. Only those reports received by SIIA between those dates may be eligible to participate in the program. All reports received after that date will not be eligible and will not be returned. An applicant who submits a qualifying Don't Get Mad Get Even application during these dates, and satisfies all the eligibility requirements set forth above may receive a payment from SIIA of up to $500 ("Payment"). The payment is intended to encourage those who inadvertently buy pirated or counterfeit software from an auction site to repurchase a legitimate copy of the software.

  3. Upon approving an application, an SIIA representative may follow up with the person who submitted the application with additional questions and/or request additional information and materials and will notify the applicant if they have satisfied all of the eligibility requirements.

  4. Any payments by SIIA to qualified applicant(s) under this program will be mailed no later than February 1, 2009.

  5. You may submit as many applications as you like but each application must report a unique seller.

C. Miscellaneous Terms of the Program:

  1. It is in SIIA's sole discretion whether and how to pursue an auction seller who has been reported through this, or any other SIIA, program.

  2. Issuance of the Payment must be otherwise consistent with the objectives of the SIIA anti-piracy program.

  3. The decision whether to issue a Payment shall be within SIIA's sole discretion.

  4. All taxes are the responsibility of the applicant.

  5. SIIA will not acknowledge receipt of applications and is not responsible for any lost, late or misdirected mail.

  6. SIIA reserves the right to prohibit the participation of an individual if fraud or tampering is suspected or if the applicant fails to comply with any requirement of participation as stated herein or with any provision in this document.

  7. SIIA may use any and all information obtained from applicants for its internal activities, including contacting an applicant. SIIA may share this information with others, including its member companies, but will not sell this information to others.

  8. SIIA is not responsible for errors of any kind, technical hardware or software failures of any kind, including any injury or damage to any person's computer, related to or resulting from participating in or experiencing any materials in connection with the promotion, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmission that may limit your ability to participate in the promotion.

  9. SIIA reserves the right to cancel or modify the program at any time and for any reason, including without limitation if fraud, misconduct or technical failures harm the integrity of the program; or if a computer virus, bug, or other technical problem corrupts the administration or security of the program as determined by SIIA, in its sole discretion. In the event of termination, a notice will be posted online.

  10. Any use of robotic, automatic, programmed or like methods of participation will void all such submissions by the applicant.

  11. This program is offered only in the United States and is governed by the laws of the District of Columbia. All claims relating in any manner to this program or to any application must be resolved in the federal or state courts of the District of Columbia. All issues and questions concerning the construction, validity, interpretation, and enforceability of these terms, or the rights and obligations of applicants and SIIA in connection with the program, shall be governed by and construed in accordance with the laws of the District of Columbia, without giving effect to any choice of law or conflict of law rules or provisions (whether of the District of Columbia or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the District of Columbia.

  12. Payments under this program will not be available where prohibited by federal, state or local law or regulations, or by applicable canons of professional responsibility or similar guidelines.



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