End User License Agreement
CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT. YOU ACCEPT AND AGREE TO BE BOUND BY THIS LICENSE AGREEMENT BY CLICKING THE CHECKBOX LABELED "I accept to these terms and conditions" THAT IS DISPLAYED BELOW. IF YOU DO NOT AGREE TO THIS LICENSE, THE SOFTWARE WILL NOT BE DOWNLOADED OR INSTALLED.
License Grant
"You" means the person or company who is being licensed to use the Software or Documentation. "We," "us" and "our" means FAST WEB TECHNOLOGIES LLC.
We hereby grant you a nonexclusive license to use one copy of the Software on one or more computers. You can use the Software free of charge on workstation computers. When used on server computers, the Software requires an additional license file that must be purchased separately. There are two kinds of additional license files:
· domain license files can be copied on multiple server computers, hosting web sites for the same domain.
· server license files can be installed on a single server computer, hosting web sites for any domain; these licenses cannot be transfered to other computers.
Title
We remain the owner of all right, title and interest in the Software and related explanatory written materials ("Documentation").
Archival or Backup Copies
You may copy the Software for back up and archival purposes, provided that the original and each copy is kept in your possession and that your installation and use of the Software does not exceed that allowed in the "License Grant" section above.
Things You May Not Do
The Software and Documentation are protected by United States copyright laws and international treaties. You must treat the Software and Documentation like any other copyrighted material—for example, a book. You may not:
· copy the Documentation,
· copy the Software except to make archival or backup copies as provided above,
· modify or adapt the Software or merge it into another program,
· reverse engineer, disassemble, decompile or make any attempt to discover the source code of the Software,
· place the Software onto a server so that it is accessible via a public network such as the Internet, or
· sublicense, rent, lease or lend any portion of the Software or Documentation.
Transfers
You may transfer all your rights to use the Software and Documentation to another person or legal entity provided you transfer this Agreement, the Software and Documentation, including all copies, updates and prior versions to such person or entity and that you retain no copies, including copies stored on computer.
Warranty Disclaimers and Liability Limitations
The Software, and any and all accompanying files, data and materials, are distributed and provided "AS IS" and with no warranties of any kind, whether express or implied, including, without limitation, any warranty of merchantability or fitness for a particular purpose. Neither us nor any of our affiliates or licensors warrant, guarantee, or make any representations regarding the use of, or the results of the use of the Software. Neither us or any of our affiliates or licensors warrants that the operation of Software will be uninterrupted or error-free, or that the use of any passwords and/or encryption features will be effective in preventing the unintentional disclosure of information. You acknowledge that good data processing procedure dictates that any program, including this Software, must be thoroughly tested with non-critical data before there is any reliance on it, and you hereby assume the entire risk of all use of the copies of Software covered by this License. This disclaimer of warranty constitutes an essential part of this License.
Except to the extent expressly prohibited by applicable statutes, FAST WEB TECHNOLOGY LLC, its affiliates or licensors shall not be liable for any damage or financial loss arising out of the use of, or inability to use the Software. Any liability of FAST WEB TECHNOLOGY LLC, its affiliates or licensors will be limited exclusively to refund of any license or registration fee paid to FAST WEB TECHNOLOGY LLC. Except to the extent expressly prohibited by applicable statutes, in no event shall FAST WEB TECHNOLOGY LLC, or its principals, shareholders, officers, employees, affiliates, licensors, contractors, subsidiaries, or parent organizations, be liable for any direct, indirect, incidental, consequential, special, or punitive damages whatsoever relating to the use of the Software, or to your relationship with FAST WEB TECHNOLOGY LLC, its affiliates or licensors (including, without limitation, loss or disclosure of data or information, loss of profit, revenue, business opportunity or business advantage, or business interruption), whether based upon a claim or action of contract, warranty, negligence, strict liability, contribution, indemnity, or any other legal theory or cause of action, even if advised of the possibility of such damages.
In addition, in no event does FAST WEB TECHNOLOGY LLC authorize you or anyone else to use the Software in applications or systems where Software's failure to perform can reasonably be expected to result in a significant physical injury, or in loss of property, or loss of life. Any such use is entirely at your own risk, and you agree to hold FAST WEB TECHNOLOGY LLC, its affiliates or licensors harmless from any and all claims or losses relating to such unauthorized use.
Term and Termination
This license agreement takes effect upon your use of the software and remains effective until terminated. You may terminate it at any time by destroying all copies of the Software and Documentation in your possession. It will also automatically terminate if you fail to comply with any term or condition of this license agreement. You agree on termination of this license to destroy all copies of the Software and Documentation in your possession.
Confidentiality
The Software contains trade secrets and proprietary know-how that belong to us and it is being made available to you in strict confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET RIGHTS.
General Provisions
1. This written license agreement is the exclusive agreement between you and us concerning the Software and Documentation and supersedes any prior purchase order, communication, advertising or representation concerning the Software.
2. This license agreement may be modified only by a writing signed by you and us.
3. In the event of litigation between you and us concerning the Software or Documentation, the prevailing party in the litigation will be entitled to recover attorney fees and expenses from the other party.
4. This license agreement is governed by the laws of the State of Delaware.
5. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations.