The enclosed computer program(s) and the accompanying
documentation that make ups MaxSponder are provided to the
End-User by John Renna ("Licensor") for use only
under the following terms. Licensor reserves any right not
expressly granted to the End-user. The End-User owns the the right
to install one copy MaxSponder on a single domain per purchased
license, but Licensor retains ownership of all copies of the
Software itself. The End-User assumes sole responsibility for the
installation, use and results obtained from use of the Software.
1. License
End-User is granted a limited, non-exclusive license to do only
the following:
A. Install and maintain the Software on one domain only for use
only in the End-User's own business.
B. Make one copy in machine-readable form solely for backup or
archival purposes for the domain which the Software is installed.
The Software is protected by copyright law. As an express
condition of this License, the End-User must reproduce on the copy
Licensor's copyright notice and any other proprietary legends on
the original copy supplied by Licensor.
C. Transfer the Software and all rights (with the exception of
Section 5 - Limited Warranty/Upgrade Policy) under this License to
another party together with a copy of this License and all written
materials accompanying the Software, provided (i) the End-User
gives Licensor written notice of the transfer (including in such
notice the identity of the transferee), and (ii) the other party
reads and agrees to accept the terms and conditions of this
License. This clause can only be executed when MaxSponder is sold
as part of an entire domain/web site sale.
2. Restrictions
The End-User may NOT sublicense, assign, or distribute copies of
the Software to others. The Software contains trade secrets. The
End-User may NOT decompile, reverse engineer, disassemble, or
otherwise use the technologies demonstrated in MaxSponder. THE
END-USER MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN,
RESELL FOR PROFIT, DISTRIBUTE, OR OTHERWISE ASSIGN OR TRANSFER THE
SOFTWARE, OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR
ANY PART THEREOF, EXCEPT AS EXPRESSLY PROVIDED IN SECTION 1.C.
ABOVE.
3. Protection and Security
The End-User agrees to use its best efforts and to take all
reasonable steps to safeguard the Software to ensure that no
unauthorized person shall have access thereto and that no
unauthorized copy, publication, disclosure or distribution in
whole or in part, in any form, shall be made. The End-User
acknowledges that the Software contains valuable confidential
information and trade secrets and that unauthorized use and/or
copying are harmful to Licensor.
4. Termination
This License is effective until terminated. This License will
terminate immediately without notice from Licensor if the End User
fails to comply with any of its provisions. Upon termination the
End User must destroy the Software and all copies thereof, and the
End-User may terminate this License at any time by doing so.
5. Limited Warranty / Upgrade Policy
Licensor agrees that, for one year from the date of initial
purchase by the original End User, the Software shall operate
substantially in accordance with the published functional
specifications current at the time of shipment. Further, the
original End User shall be allowed access to FREE updates for 12
months from data of purchase if End User so desires. If, during
the warranty period, a defect appears due to software
functionality, End User shall be eligible to receive a free
upgrade even if it is beyond the 12 month free upgrade period. The
End-User agrees that the foregoing constitutes the End-User's sole
and exclusive remedy for breach by Licensor under any warranties
made under this Agreement. This warranty does not cover any
Software that has been altered or changed in any way by anyone
other than Licensor. Licensor is not responsible for problems
associated with or caused by incompatible operating systems or
equipment, or for problems in the interaction of the Software with
software not furnished by Licensor.
No oral or written information or advice given by Licensor or its
dealers, distributors, employees or agents shall in any way
extend, modify or add to the foregoing warranty.
THE WARRANTY AND REMEDY PROVIDED ABOVE ARE EXCLUSIVE AND IN LIEU
OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. THE END-USER ASSUMES ALL RISK AS TO THE
SUITABILITY, QUALITY, AND PERFORMANCE OF THE SOFTWARE. IN NO EVENT
WILL LICENSOR, OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR
AFFILIATES, BE LIABLE TO THE END-USER FOR ANY CONSEQUENTIAL,
INCIDENTAL, INDIRECT, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING
DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS
OF DATA OR BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE
USE OF OR INABILITY TO USE THE SOFTWARE OR ACCOMPANYING WRITTEN
MATERIALS, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
LICENSOR'S LIABILITY TO THE END-USER (IF ANY) FOR ACTUAL DIRECT
DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF
THE ACTION, WILL BE LIMITED TO, AND IN NO EVENT SHALL EXCEED, THE
AMOUNT ORIGINALLY PAID TO LICENSOR FOR THE LICENSE OF THE
SOFTWARE.
6. Enhancements.
From time to time Licensor may, in its sole discretion, advise the
End-User of updates, upgrades, enhancements or improvements to the
Software and/or new releases of the Software (collectively,
"Enhancements"), and may license the End-User to use such
Enhancements upon payment of prices as may be established by
Licensor (after the 12 month free upgrade period) from time to
time. All such Enhancements to the Software provided to the
End-User shall also be governed by the terms of this License.
7. General.
This License will be governed by and construed in accordance with
the laws of the State of Florida and shall inure to the benefit of
Licensor and End-User and their successors, assigns and legal
representatives. If any provision of this License is held by a
court of competent jurisdiction to be invalid or unenforceable to
any extent under applicable law, that provision will be enforced
to the maximum extent permissible, and the remaining provisions of
this License will remain in full force and effect. Any notices or
other communications to be sent to Licensor must be mailed first
class, postage prepaid, to the following address:
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