SOFTWARE PRODUCT LICENSE AGREEMENT
This License Agreement (the "Agreement") is a legal
agreement between you (an individual or an entity)
and Visualware Inc. for some or all of the software
products identified below (each, a SOFTWARE PRODUCT),
which includes computer software and electronic
documentation. You should carefully read the following
terms and conditions before using the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is licensed, not sold. The SOFTWARE
PRODUCT is protected by copyright laws and international
copyright treaties, as well as other intellectual property
laws and treaties. By installing, copying, or otherwise
using the SOFTWARE PRODUCT, you are agreeing to be bound
by the terms of this Agreement. If you do not agree to all
of the terms of this Agreement, you are not authorized to
use the SOFTWARE PRODUCT.
1. GRANT OF LICENSE. Visualware grants you the
non-exclusive right to install and use the licensed
SOFTWARE PRODUCT identified in this paragraph, as follows:
- MySpeed Server: Install and use the software
on a single web server and domain name.
This license is not transferable.
2. RESTRICTIONS.
(A) You must comply with all applicable laws regarding the
use of the SOFTWARE PRODUCT.
(B) You may not reverse engineer, decompile, or disassemble
the SOFTWARE PRODUCT.
(C) You may not rent or lease the SOFTWARE PRODUCT.
(D) You may not distribute copies of the activated SOFTWARE
PRODUCT or license keys to third parties.
(E) You may not exceed the scope of your licensed SOFTWARE
PRODUCT.
(F) You may not activate the SOFTWARE PRODUCT with a license
key that you did not legally obtain.
(G) You must properly pay for any SOFTWARE PRODUCT license
keys used.
3. AUDITING. You give your consent for Visualware to
monitor computer and SOFTWARE PRODUCT usage and to collect
data for the purpose of auditing compliance with the terms
of this Agreement.
4. TERMINATION. Visualware may terminate this
Agreement and disable the SOFTWARE PRODUCT for any length
of time, including in perpetuity, without prior notice if
you fail to comply, or Visualware has reasonable belief that
you failed to comply, with the terms and conditions of this
Agreement. In such event, you must destroy all
copies of the SOFTWARE PRODUCT.
5. NO WARRANTY. Any use of the SOFTWARE PRODUCT is at your
own risk. To the maximum extent permitted by applicable law,
Visualware and its owners, employees, agents, associates,
affiliates, and suppliers disclaim all warranties and
conditions, either express or implied, including, but
not limited to, implied warranties of merchantability,
fitness for a particular purpose, and noninfringement.
6. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the
maximum extent permitted by applicable law, in no event shall
Visualware or its owners, employees, agents, associates,
affiliates, or suppliers be liable for any special,
incidental, indirect, or consequential damages whatsoever
(including, without limitation, damages for loss of
business profits, business interruption, loss of business
information, or any other pecuniary loss) arising out of
the use of or inability to use the SOFTWARE PRODUCT (whether
due to license termination or any other reason), even if
Visualware has been advised of the possibility of such damages.
7. LIMITATION OF LIABILITY. Visualware's entire
liability and your exclusive remedy under this Agreement
shall not exceed your purchase price.
8. THIRD PARTY PRODUCT. If purchasing a third party
product, the use of such third party product shall be
governed by the third party's license agreement, which must
be approved with first use of the product.
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