2.02 PADGen 2.0.2.30 http://www.padgen.org Portable Application Description, or PAD for short, is a data set that is used by shareware authors to disseminate information to anyone interested in their software products. To find out more go to http://www.asp-shareware.org/pad Web CEO, LTD 9 Yanvarya St. 15, Suite 422 Kherson 73000 UA http://www.webceo.com Web CEO Team support@webceo.com Sergey Cheberyako affiliates@webceo.com sales@webceo.com support@webceo.com info@webceo.com 866-7-WEBCEO 866-7-WEBCEO 866-7-WEBCEO 206 339 5658 Web CEO Free Edition 6.5 11 07 2006 Freeware New Release Install and Uninstall Windows2000,WinXP English http://www.webceo.com/whatisnew65.htm Development Tools Web Development::E-Commerce Memory: min RAM 128 MB; 256 MB RAM or more 22161738 21642 21.14 N Days SEO website promotion software; website ranking checker, link exchange, partner finder, keyword research, search engine submission, web analytics toolkit; ftp upload manager; website editing, auditing, monitoring tool Web site promotion software and SEM training Complete search engine promotion and traffic analysis software with training Web CEO is a complete professional software package for search engine promotion, Web site maintenance and traffic analysis. Free education and certification in search engine marketing and conversion improvement is available with each copy Web CEO is a professional Web site promotion suite. It meets all your needs for keyword research, site optimization for top rankings and submission to search engines, ranking check, PPC management, partner finding, advanced uptime monitoring and troubleshooting, and in-depth traffic analysis. Free training included covers getting started with Web CEO as well as basics of Search Engine Marketing and conversion increase. Web CEO is a powerful professional software suite for site owners, webmasters, e-marketers and Web consultants. It allows you to handle every aspect of Web business management and promotion for your own Web site or for the clients' sites. Find and research keywords, optimize Web pages for high search engine rankings, submit the site to 200+ engines. Then, check your positions on many engines for multiple keywords and analyze ranking history collected over time. The Link Analysis Tool and Link Partner Finder, available in the latest version of Web CEO, assist you in spying competitors' link strategy and building a solid external link popularity. HitLens Traffic Analysis contains over 120 unique reports to turn all possible information about your visitors into valuable marketing data. Use this statistic system to improve site conversion and leverage the sources of your traffic; then pay attention to the PPC Manager which helps you govern multiple advertising campaigns. The Maintenance Module includes such essentials as HTML editor for both code and visual views, FTP File Manager, site quality scanner and server uptime monitoring service. If you provide professional SEM / Consulting services, you can generate, HTML-export, and e-mail brand-customized reports from Web CEO to your customers. Free (basic) Search Engine Marketing education is included with each copy of the software. Web CEO also provides a professional training in Search Engine Marketing and Conversion Increase at extra cost. For both kinds of training, virtual (on-site) and hard-copy certification is available. The online training goes in the interactive self-study environment and includes around 70 lessons and hours of video training. Learn how to best operate Web CEO for outstanding results, and acquire or advance your knowledge of all possible aspects of Search Engine Marketing, Keyword Strategy, Web Analytics and Conversion Improvement. http://www.webceo.com http://www.webceo.com/pricing/index.htm http://www.webceo.com/screenshots/Quick-launch.png http://www.webceo.com/images/webceo_icon32x32.gif http://www.webceo.com/webceo_65.xml http://track.websiteceo.com/r/4466/download.webceo.com/webceo_generic.exe http://track.websiteceo.com/r/4466/download.webceo.com/webceo_generic.exe Affiliate Agreement This Agreement contains the complete terms and conditions that apply to your participation in the WebCEO.com Affiliate Partner Program (the "Program"). As used in this Agreement, "we," "our," and "us" refer to Web CEO, LTD, and "you" and "your" refer to the applicant. "Site" means a World Wide Web site, and the "Web CEO" refers to our site, www.webceo.com selling the Web CEO Software Suite, the Website promotion software to be displayed on your site in accordance with this Agreement in order to afford visitors to your site the opportunity to purchase it. 1. Enrollment in the Program To begin the enrollment process, you will submit a complete Program application via our site. We will evaluate your application in good faith and will notify you of its acceptance or rejection. We may reject your application if we determine (in our sole discretion) that your site is unsuitable for the Program for any reason. Unsuitable sites include (but are not limited to) those that: Contain content that is unlawful, threatening, defamatory, obscene or otherwise objectionable; Promote sexually explicit materials; Promote violence; Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; Promote illegal activities; Violate or infringe upon intellectual property rights. If we reject your application, you are welcome to reapply to the Program at any time, should the circumstances that caused the rejection change. By enrolling in the Program, you agree not to use any means that may be considered SPAMMING (unsolicited advertisement) to directly or indirectly promote Web CEO. Such your actions give us every right to immediately terminate your affiliate account without paying any due commissions. As a participant of the Program, you also agree NOT to use any automatic traffic-generating applications to send visitors to Web CEO. Breaking this rule constitutes ground for immediate termination of your affiliate account and withholding any unpaid commissions without notice. If we accept your application, we reserve the right to terminate this Agreement if we ever determine (in our sole discretion) that your site is unsuitable for the Program for any reason. 2. The Web CEO site Once we notify you that we have accepted your site into the Program, we will authorize you to copy the code for participation in the Web CEO affiliate program from a password protected area of www.webceo.com and display the Web CEO creatives on your site. We encourage you to place the affiliate link to Web CEO, which you may use only on the terms and conditions of this Agreement, as prominently as possible on the most relevant and heavily trafficked pages of your site. From time to time, we may offer different products for sale through Web CEO and also may modify the logos and other information presented in, and the overall appearance of Web CEO. All such changes and modifications will occur automatically, without any prior notice to you. You will not be required to change any code, as we change our products automatically. 3. Order Processing We will process product orders placed by customers who purchase the Web CEO Software using the affiliate link to Web CEO on your site. We reserve the right to reject orders that do not comply with any and all our requirements that we periodically may establish. We will be responsible for all aspects of order processing and fulfillment. Among other things, we will prepare order forms, process payments, refunds (if applicable), and handle customer service. 4. Sales Tracking We will rely on our own solution that is customized to provide the unprecedented precision of tracking sales made by customers who purchase products using the affiliate link to Web CEO on your site. We will make available to you the sales activity, as well as reports regarding click-throughs and commissions earned, at your own affiliate area on www.webceo.com site. You and we each agree to rely on, and not to challenge or dispute, the sales tracking and other information that we compile in con n ection with the Program, which will bind both you and us for all purposes under this Agreement. 5. Payment You will earn a 15% commission on all editions of the Web CEO Software Suite purchased by customers who followed the affiliate link to Web CEO on your site unless we expressly agreed to change the commission rate because your website, newsletter, etc. offers us additional benefits. We shall not pay commissions for the copies of Web CEO Software Suite purchased by you through your affiliate link. We will pay all commissions that have been due for over 30 days. It is done to ensure that a customer has not made use of our 30 day money-back guarantee to get a refund. If a customer receives a refund or credit for a product that generated a commission under this paragraph and we happened to pay you the commission, we will deduct that commission from your next payment or payments. If no further Payments are due under this Agreement, we reserve the right to send you a bill for any commissions associated with returned products. As with sales tracking information, we have engaged our own solution to calculate the commissions that you will receive under the Program, and those commission calculations will bind both you and us for all purposes under this Agreement. 7. Policies and Pricing All customers who buy products through the Program are customers of Web CEO. Accordingly, all Web CEO rules, policies, and operating procedures concerning customer orders, customer service, pricing and product sales will apply to those customers. We may change our policies and operating procedures at any time, in our sole discretion. Product prices may vary, however we will try to make this process as painless as possible. Because price changes may affect products that you already have listed on your site, you may not include price information in your product descriptions. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product. 8. Limited License We grant you a nonexclusive, revocable right to use Web CEOs creative works such as any images and text that we may provide to you solely for the purpose of identifying your site as a Program participant and to assist in generating product sales through the Program. You may modify any of the above-mentioned creative works that we may provide to you only after our written approval of such graphic images or text. We reserve all our rights in Web CEO, all graphic images, text, our trade names and trademarks and all other intellectual property rights. You agree to follow our instructions respecting the use of your trademarks, and those instructions may change from time to time. We may revoke your license at any time by giving you written notice. 9. Responsibility for Your Site You will have sole responsibility for the development, operation and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for: The technical operation of your site and all related equipment. The accuracy and appropriateness of materials posted on your site (including, among other things, all product-related materials). Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy or other personal or proprietary rights). Ensuring that materials posted on your site are not obscene, defamatory, libelous or otherwise illegal. We disclaim all liability for all matters relating to the development, operation, maintenance, and contents of your site. 10. Indemnification You will indemnify, defend and hold us harmless against any and all claims, lawsuits, damages, and expenses (including, without limitation, attorneys' fees) that we may or that anyone may assert as a result of (1) our use of any trademarks, logos, graphic images, text or other materials that you may provide to us or allow us to use under paragraph 3; or (2) anything occurring on your site or arising from the dev elopment, operation or maintenance of your site. 11. Term of the Agreement The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time and for any reason by giving the other party written notice of termination, which may be via email but must be responded to with a reply, stating receipt, within 48 hours. You will be eligible to earn only those commissions that may accrue under paragraph 5 during the term of this agreement, and commissions earned through the date of termination will remain payable only if the customer does not receive a refund or credit. We may withhold your final payment for a reasonable time to ensure payment of the correct commission amount. 12. Modification We may modify any of the terms and conditions contained in this Agreement, at any time and at our sole discretion, by posting a change notice or a new agreement on our Site. ALL SUCH MODIFICATIONS WILL TAKE EFFECT AT THE TIME WE SPECIFY OR, IF WE SPECIFY NO SUCH TIME, IMMEDIATELY UPON THEIR POSTING ON OUR SITE. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL EVIDENCE YOUR BINDING ACCEPTANCE OF THE CHANGE. 13. Relationship of Parties You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section. 14. Disclaimers WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE PROGRAM OR ANY PRODUCTS SOLD THROUGH THE PROGRAM (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NO INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, DEALING OR TRADE USAGE). IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE OR OUR COMMERCE SERVER WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS. 15. Limitation of Liability WE WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (OR ANY LOSS OF REVENUE, PROFITS OR DATA) ARISING IN CONNECTION WITH THIS AGREEMENT OR THE PROGRAM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR TOTAL LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE PROGRAM WILL NOT EXCEED THE TOTAL REFERRAL FEES PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT. 16. Independent Investigation YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT NOT SET FORTH IN THIS AGREEMENT. 17. Miscellaneous This Agreement will be governed by the laws of Ukraine, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the state courts located in Kherson, Ukraine, and you irrevocably consent to the jurisdiction of those courts and waive any claim that those courts constitute an inappropriate venue or inconvenient forum. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will bind, insure to the benefit of and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of t his Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. Web CEO version 6.5 IMPORTANT - READ CAREFULLY: This License Agreement is a legal agreement between you (either an individual or a legal entity) and Web CEO, LTD for all editions of the software product specified above. As used in this Agreement, "we," "our," and "us" refer to Web CEO, LTD as the licensor, and "you" and "your" refer to you as the licensee. The "Product" includes computer software itself and any associated media, electronic documentation and documentation and accompanying items including, but not limited to, the executable programs, drivers, libraries or whatsoever that originates from the intellectual labor of Web CEO, LTD The "Product site" refers to http://www.webceo.com. YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT BY INSTALLING, COPYING, OR OTHERWISE USING THE PRODUCT. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE PRODUCT. YOU AGREE THAT BY INSTALLING OR USING THE PRODUCT YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS LICENSE, UNDERSTOOD IT, AND AGREED TO BE BOUND BY ITS TERMS AND CONDITIONS. 1. SCOPE OF GRANT. Web CEO, LTD grants you the following rights provided that you comply with all terms and conditions of this license agreement such as: * Installation and use. You may install, run and use one copy of the Product on a single computer at a time. Web CEO, LTD permits you to install, run and use one copy of the Product on a single notebook under condition the other copy of the Product is not run on your primary computer at the same time. You may transfer the machine-readable portion of the Product from one computer to another computer, provided that a) the Product (including any portion or copy thereof) is erased from the first computer, and b) there is no possibility that the Product will be used on more than one computer at a time. * Reservation of Rights. The Product is not sold to you. Rather, it is licensed on a non-exclusive basis solely for use by you and you alone, under the terms of this Agreement. Web CEO, LTD retains all title to and ownership of the Product and reserves all rights not expressly granted to you hereby. 2. DEFINITION OF LICENSING MODELS AND ADDITIONAL SERVICES. The Product has four basic licensing models also known as the Product editions and three additional subscription-based services that are included into and accompany the Product: (a) Free. The Free license permits you to utilize all tools bundled with the Product including the HitLens statistical service described below and any other 'Pay-as-you-go' services bundled with Web CEO for a limited period of time also known as trial period. The Free license is granted for personal, non-commercial use. (b) HitLens. The HitLens license permits you to utilize the HitLens statistical service described below and other 'Pay-as-you-go' services bundled with Web CEO. You are also permitted to use parts of the Product expressly stated at the Product site. (c) SmallBiz. The SmallBiz license is intended for use by individuals and small companies that want to use the Product to service less than the limited number of Web sites expressly stated at the Product site. (d) Professional. The Professional license enables you to provide professional services to third parties with the aid of the Product. However in no shape it alienates the right of Web CEO, LTD to own the Product. The licensee of the Professional license is only permitted to use the Product in their professional activities without passing it to the third parties. The Professional license of the Product does not give you the right to sell, rent or distribute the Product. (e) HitLens Statistical Service. The HitLens statistical service bundled with the Product is a premium Web traffic analysis service. The unit of analysis is analysis exposure. One analysis exposure equals a so-called page view of Web documents that bear the HitLens tracking code and/or any other statistical request made to our Datacenter (tracking of file downloads, ad campaigns, etc), which have reflection in the statistical and analytical reports of HitLe ns. Your credit card will be subject to monthly charges for all analysis exposures. The amount charged to your credit card is calculated in accordance with the HitLens service pricing stated at the Product site. See Section 'TERMS OF PAYMENT' below. (f) Website Monitoring Service. The Website monitoring service integrated with the Product's interface is designed to monitor the availability of your server or host to your visitors. The unit of analysis is one day of server or host monitoring either full or partial, i.e. your credit card will be charged based on the number of complete and incomplete days your server or host has been monitored. The amount charged to your credit card is calculated in accordance with the Website monitoring service pricing stated at the Product site. (g) Knowledge Base Support Service. While, as a licensee, you have the right to use the Product during its lifetime, the Product uses multiple knowledge bases for performing different tasks such as search engine optimization, submission, keyword research, rank checking, etc. Keeping these bases up-to-date is a 24x7 process, which requires a lot of human and machine resources. Web CEO, LTD offers one year of free knowledge base support with every purchase of the Product. After expiration of this period you will need to extend your knowledge base support to keep your knowledge bases regularly updated. All details concerning our Knowledge Base Support Service and its pricing can be found at the Product site. 3. TERMS OF UPGRADE. You receive free upgrade modules only within the Product version that was licensed. For example, if you have licensed the Professional edition of the Product, version 6.5., you are authorized to upgrade the Product only within this revision for free. If you wish to make transition to the version 6.x. or higher of the Product, you will need to purchase the Upgrade. The Upgrade pricing details can be found at the Product site prior to or after the release of the next version of the Product. As a licensee of the Product you will be notified of the next release via your e-mail or any other contact information you provided to us. The Terms of Upgrade do not cover Knowledge Base Updates. See Section 'TERMS OF UPDATES AND LICENSE VERIFICATION'. 4. TERMS OF UPDATES AND LICENSE VERIFICATION. There are two types of updates: (a) General Updates. These updates improve the Product and make its operation more stable and bug-free. These updates are free within the lifetime of the Product. (b) Knowledge Base Updates. Since the nature of the Product supposes frequent changes of factors beyond our reach (e.g., search engines ranking algorithms), we constantly maintain and develop several Knowledge Bases. We provide you with free Knowledge Base Updates within one year since the initial purchase of the Product. After this period expires, Knowledge Base Updates are offered as a premium service. See 'DEFINITION OF LICENSING MODELS AND ADDITIONAL SERVICES'. License Verification is necessary to uniquely identify you to the Datacenter so that you can view your Web traffic statistics and receive latest updates. It also verifies if the Product was legally purchased. Important Note: We do not collect information that is not directly connected with the Product functionality and operation and will never reveal your license details to any third party. 5. TERMS OF PAYMENT AND REFUNDS. All payments are made through the Account Manager, a special interface designed to enable easy management of your user account with the Product. All transactions are processed via the Secured Socket Layer connection with 128bit encryption providing you with the highest protection level. The Account Manager can be accessed from within the Product. Web CEO, LTD will charge your credit card in accordance with the following rules: (a) Your credit card is charged upon purchasing the Product. (b) Your credit card is subject to additional charges if you have enabled any pay-as-you-go services, e.g. HitLens, Website monitoring and/or need to extend your knowledge base support. Pricing for any bundled services, including the HitLens statistical service as well as details of pricing for the knowledge Base Support service are apparently indicated at the Product site. (c) All charges to your credit card are reflected in Invoices that can be found in your Account Manager. All newly-purchased copies of the Product are covered with 30-day unconditional money-back guarantee. To receive a refund you must contact the Product Support Team at support@webceo.com within the period of 30 days since the purchase of the Product and expressly state your decision to cancel the purchase. Payments charged for bundled services including, but not limited to, HitLens, Website Monitoring Service and Knowledge Base Support are NOT subject to refunds. See 'DEFINITION OF LICENSING MODELS AND ADDITIONAL SERVICES' above for more details about the HitLens service and the Knowledge Base Support service. 6. LIMITATION ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the Product, except and only to the extent that it is permitted by applicable law notwithstanding this limitation. 7. TERMINATION. Without prejudice to any other rights, Web CEO, LTD may cancel this License Agreement if you do not abide by the terms and conditions of this License Agreement, in which case you must destroy all copies of the Product and all of its parts. 8. DISCLAIMER OF WARRANTIES. Web CEO, LTD provides the Product and any accompanying service AS IS AND WITH ALL FAULTS, and hereby disclaims all other warranties and conditions, either express, implied or statutory, including, but not limited to, any implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Product, and the provision of or failure to provide support or other services, information, software, and related content through the Product or otherwise arising out of the use of the Product. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, AND CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE PRODUCT. 9. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WEB CEO, LTD BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE PRODUCT OR OTHERWISE ARISING OUT OF THE USE OF THE PRODUCT, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF WEB CEO LTD., AND EVEN IF WEB CEO, LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 10. COPYRIGHT. The Product is protected by copyright and other intellectual property laws and treaties. Web CEO, LTD owns the title, copyright, and other intellectual property rights in the Product. The Product is licensed, not sold. 11. MISCELLANEOUS This Agreement will be governed by the laws of Ukraine, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the state courts located in Kherson, Ukraine, and you irrevocably consent to the jurisdiction of those courts and waive any claim that those courts constitute an inappropriate venue or inconv enient forum. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will bind, insure to the benefit of and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.