Practical Internet 2002 February/Practical Internet February 2002.iso/pc/Software/Modem/webworks.exe/license.txt

Text File | 2000-08-24 | 7.7 KB | 156 lines

Terms and Conditions of Installing the
webHancer Customer Companion (the "Software").

IMPORTANT NOTICE:

THIS SOFTWARE CONFIDENTIALLY RELAYS YOUR WEB SURFING
PERFORMANCE METRICS TO WEBHANCER CORP. TO GENERATE
PERFORMANCE REPORTS FOR THIRD PARTIES.  AS SUCH, YOUR
INTERNET CONNECTION WILL BE USED PERIODICALLY TO SEND AND
RECEIVE DATA.  YOU REMAIN ANONYMOUS - NO PERSONAL OR
IDENTIFIABLE INFORMATION IS COLLECTED - ONLY QUANTITATIVE
PERFORMANCE DATA.

WE RESPECT OUR CUSTOMERS PRIVACY.
TO VIEW WEBHANCER'S PRIVACY POLICY,
GO TO: http://www.webhancer.com/products/privacy.

THIS SOFTWARE SUPPORTS WINDOWS 98/2000 and WINDOWS NT 4.0
Service Pack 4 and higher.  INSTALLATION ON OTHER SYSTEMS
MAY LEAD TO SYSTEM FAILURE.

THIS IS A LICENSE, NOT A SALE. THIS END USER LICENSE
AGREEMENT ("AGREEMENT") IS A LEGAL CONTRACT BETWEEN YOU AND
WEBHANCER CORP. ("WEBHANCER") FOR THE CUSTOMER COMPANION
SOFTWARE (THE 'SOFTWARE'). THIS SOFTWARE WILL MAKE USE OF
YOUR INTERNET CONNECTION. YOU ARE SOLELY RESPONSIBLE FOR
ANY AND ALL NETWORK USAGE COSTS OR ANY OTHER COSTS
ASSOCIATED WITH YOUR USE OF THE SOFTWARE.  BY DOWNLOADING,
INSTALLING OR USING THE SOFTWARE YOU AGREE TO BE BOUND BY
THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT
AGREE WITH THESE TERMS AND CONDITIONS, UNINSTALL, AND DO
NOT USE THE SOFTWARE.

WEBHANCER grants to you a non-exclusive, non-transferable and restricted
license to use the Software on a single computer for your internal use, subject
to the terms and conditions of this Agreement. You may make and distribute
unlimited copies of the Software, excluding copies for commercial distribution,
as long as each copy that you distribute is distributed subject to this
Agreement, and you reproduce in full all copyright and other proprietary
notices pertaining to the Software that appear in the Software.

This Agreement shall remain in effect for as long as you are in compliance with
its terms and conditions. This Agreement shall immediately terminate if you fail
to comply with any of its provisions.  The limitations of liabilities and
warranties will survive any termination of this Agreement and will remain in
full force and effect even after termination. Should WEBHANCER release any
updates, upgrades or new versions of the Software or supplemental code or
supporting materials for the Software ("Additional Software Releases"), all such
Additional Software Releases shall be considered part of the Software and
subject to the terms and conditions of this Agreement and any additional terms
and conditions that accompany the Additional Software Releases.   In
consideration of the foregoing license from WEBHANCER to you, you grant to
WEBHANCER the perpetual, unrestricted right to record and use your web surfing
performance metrics, in whole or in part, in any form or format.

THE SOFTWARE IS PROVIDED TO YOU "AS IS". YOU ARE SOLELY
RESPONSIBLE FOR THE ADEQUATE PROTECTION AND BACKUP OF THE
DATA AND EQUIPMENT USED IN CONNECTION WITH THE SOFTWARE.
WEBHANCER MAKES NO REPRESENTATIONS, WARRANTIES OR
CONDITIONS, EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY,
SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT, OR THOSE ARISING
BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR
OTHERWISE.  WEBHANCER DOES NOT WARRANT THAT THE OPERATION
OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.
YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND
PERFORMANCE OF THE SOFTWARE.

NEITHER WE NOR OUR DEALERS OR SUPPLIERS SHALL HAVE ANY
LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY DAMAGES
WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE
OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR
ECONOMIC LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE.
WE ARE ALSO NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY.
OUR MAXIMUM AGGREGATE LIABILITY TO YOU AND THAT OF OUR
DEALERS AND SUPPLIERS SHALL NOT EXCEED FORTY DOLLARS
CANADIAN ($40.00 CDN).  THE LIMITATIONS IN THIS SECTION
SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT
IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A
FUNDAMENTAL BREACH.

The limited warranty, exclusive remedies and limited liability set out herein
are fundamental elements of the basis of the bargain between you and WEBHANCER.
You acknowledge and agree that WEBHANCER would not be able to provide the
Software free of charge without such limitations.  In jurisdictions which do
not allow the exclusion or limitation of consequential, incidental or special
damages, WEBHANCER's liability for such damages shall be limited to the maximum
extent permitted by applicable law.

The Software, including all copies, and all copyrights and all other rights,
title and interest subsisting in or related to the Software, and all data
collected there from, shall at all times remain the property of WEBHANCER or
its licensors.  You must reproduce any copyright or other proprietary notices
on the Software in their entirety in all copies of the Software. WEBHANCER and
its licensors reserve all rights not expressly granted to you. You shall not
translate, reverse engineer, decompile or disassemble the Software or any part
of the Software, except to the extent this restriction is not permitted by the
laws of your jurisdiction; or modify or adapt or create derivative works based
on the Software or any part of the Software or merge the Software or any part
of the Software with any other software program.

Notice to U.S. Government end users. If this product is acquired under the
terms of a: GSA contract-Use, reproduction or disclosure is subject to the
restrictions set forth in the applicable ADP Schedule contract; U.S. DoD
contract- Use, duplication or disclosure by the Government is subject to
restrictions as set forth in subparagraph (c) (1) (ii) of 252.227-7013;
Civilian agency contract- Use, reproduction, or disclosure is subject to
52.227-19 (a) through (d) and restrictions set forth in the accompanying end
user agreement. Unpublished-rights reserved under the copyright laws of the
United States. WebHancer Corp. 2255 Carling Avenue, 3rd Floor Ottawa,
Ontario Canada K2B 7E9.

This Agreement is the entire agreement between WEBHANCER and you and supercedes
all other agreements, discussions and negotiations, whether oral or written.
This Agreement cannot be modified or amended except by a written agreement
signed by an authorized officer of WEBHANCER.  This shall be governed by the
laws of the Province of Ontario, Canada, excluding conflicts of law and choice
of law principles and the United Nations Convention on Contracts for the
International Sale of Goods, and any legislation implementing such Convention.
You consent and attorn to the exclusive jurisdiction of Ontario courts and
waive trial by jury, except to the extent a waiver of a jury trial is not
permitted by applicable law. If any provision of this Agreement is found to
be illegal, invalid or unenforceable, such provision shall be deemed severed
and the remainder of the Agreement shall continue in full force and effect.
You agree to comply with all applicable laws including export restrictions as
they relate to this Agreement and your use of the Software.  The parties have
requested that this Agreement and all documents contemplated hereby be drawn
up in English. Les parties aux prΘsentes ont exigΘ que cette entente et tous
autres documents envisagΘs par les prΘsentes soient rΘdigΘs en anglais.




















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