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PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE. BY INSTALLING THIS SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BECOME BOUND BY ITS TERMS AND CONDITIONS.
Copyright & Proprietary Information.
The enclosed software (the "Software")
is the property of Help4Hosters Company ("Help4Hosters").
As copyrighted material, it is protected by international laws,
individual states, international copyright and trademark laws and
treaties, and international trade provisions. Your purchase or trial
use of the disks, CD's or other media containing the Software
transfers no title to the Software itself. Instead, any use of such
Software must be made in accordance with the terms of this License.
Help4Hosters reserves all rights not specifically granted herein.
Your rights and obligations under this License are set forth below.
If you violate such obligations, this License and your right to use
the Software terminate immediately.
Permitted Uses of a Trial License. This
license brings you all the rights and restrictions of the Purchased
License with additional restrictions that:
(I) upon the expiration of
the thirty (30) day trial period set to begin upon the installation
of the Software the license will terminate and you will loose all
rights granted to you by this License;
(II) upon termination of the Trial License you must either obtain a purchased license from Help4Hosters or discontinue all use of the Software and destroy it and all copies thereof.
Prohibited Uses of a Trial License.
You may not, and you may not authorize anyone else to:
sell, rent, lend, assign, sublicense or transfer the Software or your rights
hereunder.
Permitted Uses of a Purchased License.
If this License is a Purchased License, subject to payment of license
fees, Help4Hosters grants you the right for up to the total number of
accounts, indicated on the Software's license, to:
- use the Software only for your
internal business purposes;
- make modifications to the
Software for your internal business purposes (any modifications
made by you will make your Software not eligible for free technical
support);
- transfer the Software and
documentation, including a copy of this License, to another person
who agrees to become bound by the terms and conditions of this
License and notifies Help4Hosters in writing of the transfer, in
which event all of your rights hereunder shall end.
Prohibited Uses of a Purchased License.
You may not, and you may not authorize anyone else to:
- sell, rent, lend, assign,
sublicense or transfer the Software or your rights hereunder except
as expressly provided in this License;
- exceed any limits indicated by this License in either the number of licensed users or in duration
of the license.
Termination. You may terminate this
License at any time by discontinuing all use of the Software and
destroying it and all copies thereof.
Limited Warranty and Liability. When the Software is furnished on diskettes or CDs, and only with respect
to a purchased license, Help4Hosters warrants the media to be free
from defects in materials and workmanship under normal use for a
period of ninety (90) days from the date of delivery to you as
evidenced by your registration with Help4Hosters , which must occur
within ten (10) days of opening the media package. Any replacement
software will be warranted for the rest of the ninety (90) day period
or for thirty (30) days from the date you receive the replacement,
whichever is longer. Help4Hosters' entire liability and your
exclusive remedy shall be, at Help4Hosters' option, either
- to return the price paid
or
- to repair or replace the Software.
This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication.
Disclaimer of Warranties. THE SOFTWARE AND ASSOCIATED DOCUMENTATION ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY
PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE
QUALITY AND PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION IS WITH
YOU. HELP4HOSTERS DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR
REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE
UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE
CORRECTED. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS
WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER
RIGHTS, WHICH VARY FROM STATE TO STATE.
Limitations of Warranty. IN NO EVENT SHALL HELP4HOSTER OR ANY SUPPLIER OR ANY OTHER PERSON INVOLVED
IN THE CREATION, PRODUCTION, OR DISTRIBUTION OF THE SOFTWARE BE
LIABLE TO YOU ON ACCOUNT OF ANY CLAIM FOR ANY SPECIAL EXEMPLARY OR
PUNITIVE DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS OR PERSONAL INFORMATION OR ANY OTHER
INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, THE
INABILITY TO USE, QUALITY, OR PERFORMANCE OF THE HELP4HOSTER'
SOFTWARE AND DOCUMENTATION, EVEN IF HELP4HOSTER, OR AN AUTHORIZED
REPRESENTATIVE OF HELP4HOSTER, HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
General. All updates or new
versions of the Software which may be received by you from
Help4Hosters without accompanying licenses shall also be governed by
this License. This License Agreement shall be construed, interpreted
and governed by the laws of the State of New York. If any provision
of this License is found void or unenforceable, it will not affect
the validity of the rest of this License. You may not export or
re-export the Software except in compliance with the Export
Administration Regulations of the U.S. Department of Commerce.
Headings and captions are for convenience only and are not to be used
in the interpretation of this Agreement.
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