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- Website Pros, Inc.
- NETOBJECTS FUSION SOFTWARE LICENSE AGREEMENT
-
- IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE
- CONTINUING WITH THE INSTALLATION PROCESS OF THE SOFTWARE
- ("THE SOFTWARE"). BY CLICKING ON THE "YES" OR "ACCEPT" BUTTON,
- YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
- IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, CLICK
- THE "NO" OR "DECLINE" BUTTON TO TERMINATE THE INSTALLATION
- PROCESS. YOU MAY THEN RETURN THE SOFTWARE TO YOUR SUPPLIER
- FOR A FULL REFUND.
-
- 1. License. If you have purchased a license to the Software, Website Pros, Inc.
- ("Website Pros") grants you a non-exclusive right and license to use the Software
- and the related documentation (the "Documentation") as set forth in this Agreement.
- You may use the Software on a single computer. You may also use the Software on a
- second (portable or home) computer so long as only one copy is used at a time. You
- may make a single copy of the Software for backup and archival purposes only
- provided that any copy must contain all proprietary notices included in the
- original. You may use the Documentation to assist in your use of the Software.
- If you download the Software without physical delivery of Documentation, you may
- review the Documentation online, but you may not make further copies of the
- Documentation. You own the media on which the Software is recorded, but not the
- Software itself or any copy of it. This license is not a sale of the original or
- any copy of the Software.
-
- If you have obtained an evaluation copy of the Software, and have not purchased a
- license to the Software, Website Pros grants you a 30-day non-exclusive license to
- use the Software free of charge for the purpose of evaluating whether you wish to
- purchase an ongoing license for the Software. WARNING: Evaluation copies of the
- Software will become non-functional thirty (30) days following initial installation
- in your computer. Website Pros disclaims all liability and responsibility for any
- loss of data or other information which may occur as a result thereof.
-
- 2. Copying, Transferring or Modifying Software. The Software contains copyrighted
- material, trade secrets and other proprietary intellectual property. You may not
- permit concurrent use of the Software unless each user has an applicable license.
- You may not permit other individuals to use the Software except under the terms
- listed above. For the purposes of protecting Website Pros trade secrets, you may
- not decompile, disassemble, reverse-engineer or otherwise display the Software in
- human-readable form. You may not modify, translate, rent, lease, distribute or
- lend the Software, and you may not sell to others the right to use the Software on
- your computer. You may not remove any proprietary notices or labels on the Software.
- You may not copy, transfer, transmit, sublicense or assign this license or the
- Software except as expressly permitted in this Agreement. You agree that the terms
- of this paragraph apply to the Software or any portion thereof, whether owned by
- Website Pros or Website Pros' licensors, including without limitation NetCarta
- Corporation.
-
- 3. License to Use Content. All artwork, graphics, icons, media and other files
- contained in the Software, including without limitation Sample Sites, Templates
- (AutoSites, Forms, Pages), SiteStyles, Sample Content and Extras (collectively,
- the "Content"), are copyrighted material owned by Website Pros or its licensors.
- Website Pros grants you a non-exclusive right and license to: (i) incorporate object
- code copies of the Content into your own works created using the Software in
- accordance with the Documentation, such as your own web site or a web site you
- design for someone else (the "User Works"); (ii) duplicate the Content to the
- extent it is embedded in the User Works, in object code form only; (iii) and
- distribute or display the Content to the extent it is embedded in the User
- Works, in object code form only. You have no right to, and agree not to,
- duplicate, distribute, display or use the Content or any portion thereof
- (whether on a web site or through any other medium, and whether separately or
- as part of another product or work), other than as embedded in the User Works
- created using the Software and as set forth in this Agreement.
-
- 4. Term. If you have purchased a license to the Software, this Agreement and license
- are effective from the time you accept the terms of this Agreement until this Agreement
- is terminated. You may terminate this Agreement at any time by destroying all copies of
- the Software. This Agreement will terminate immediately and without further notice if
- you fail to comply with any provision of this Agreement. All obligations of
- confidentiality and restrictions on use, and all other provisions that may reasonably
- be interpreted to survive termination of this Agreement, will survive termination of
- this Agreement for any reason. Upon termination, you agree to destroy all copies of the
- Software. If you have obtained an evaluation copy of the Software, and have not
- purchased a license to the Software, this Agreement and license are effective for a
- period of thirty (30) days from the date of installation of the Software.
-
- 5. Limited Warranty. If you have purchased a license to the Software, and if the
- Software is delivered using a computer storage media such as a CD ROM or diskette,
- Website Pros warrants that the media on which the Software is furnished will be free
- from defects in materials and workmanship under normal use for ninety (90) days from
- the date you received the Software, as shown by your receipt. This warranty is limited
- to you and is not transferable. This warranty does not cover damage caused by improper
- use or neglect. Website Pros' entire liability and your exclusive remedy shall be, at
- Website Pros' option (i) to replace the defective media; (ii) to advise you how to
- achieve substantially the same functionality with the Software as described in the
- Documentation through a procedure different from that set forth in the Documentation;
- or (iii) to refund the license fee you paid for the Software. If you have obtained an
- evaluation copy of the Software, and have not purchased a license to the Software,
- Website Pros makes no warranties of any kind with respect to the media (if any) on
- which the Software is furnished, and such media is provided "as is" and without
- warranties of any kind.
-
- 6. Warranty Disclaimers. THE SOFTWARE, THE DOCUMENTATION
- AND (EXCEPT AS PROVIDED IN SECTION 5) THE MEDIA UPON WHICH
- THE SOFTWARE IS RECORDED (IF ANY) ARE PROVIDED "AS IS" AND
- WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR
- IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
- WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
- PURPOSE AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO
- THE QUALITY AND PERFORMANCE OF THE SOFTWARE AND THE
- DOCUMENTATION IS WITH YOU. SHOULD THE SOFTWARE OR THE
- DOCUMENTATION PROVES DEFECTIVE, YOU (AND NOT WEBSITE
- PROS OR ITS DISTRIBUTORS, LICENSORS OR DEALERS) ASSUME
- THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.
-
- WEBSITE PROS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED
- IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR OPERATE IN
- THE COMBINATION THAT YOU MAY SELECT FOR USE, THAT THE
- OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR
- FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
- NO ORAL OR WRITTEN STATEMENT BY WEBSITE PROS OR BY A
- REPRESENTATIVE OF WEBSITE PROS SHALL CREATE A WARRANTY OR
- INCREASE THE SCOPE OF THIS WARRANTY.
-
- WEBSITE PROS DOES NOT WARRANT THE SOFTWARE AGAINST
- INFRINGEMENT OR THE LIKE WITH RESPECT TO ANY COPYRIGHT,
- PATENT, TRADE SECRET, TRADEMARK OR OTHER PROPRIETARY
- RIGHT OF ANY THIRD PARTY AND DOES NOT WARRANT THAT
- THE SOFTWARE DOES NOT INCLUDE ANY VIRUS, SOFTWARE
- ROUTINE OR OTHER SOFTWARE DESIGNATED TO PERMIT
- UNAUTHORIZED ACCESS, TO DISABLE, ERASE OR OTHERWISE
- HARM SOFTWARE, HARDWARE OR DATA, OR TO PERFORM ANY
- OTHER SUCH ACTIONS.
-
- Notwithstanding the above, you may have certain warranty rights which vary from state
- to state and which cannot be disclaimed by contract. Any warranties that by law survive
- the foregoing disclaimers shall terminate ninety (90) days from the date you received
- the Software as shown by your receipt. Some states do not allow limitations on how long
- an implied warranty lasts, so the foregoing limitation may not apply to you if prohibited
- by law.
-
- 7. Limitation of Liability. YOUR SOLE REMEDIES AND
- WEBSITE PROS' ENTIRE LIABILITY ARE SET FORTH ABOVE.
- IN NO EVENT WILL WEBSITE PROS OR ITS DISTRIBUTORS OR
- DEALERS BY LIABLE FOR DIRECT, INDIRECT, INCIDENTAL OR
- CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THE
- SOFTWARE, THE INABILITY TO USE THE SOFTWARE, OR ANY
- DEFECT IN THE SOFTWARE, INCLUDING ANY LOST PROFITS,
- EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF
- SUCH DAMAGE. IN NO EVENT WILL WEBSITE PROS' TOTAL
- LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES
- OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING
- NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT YOU PAID
- FOR THIS PRODUCT. SOME JURISDICTIONS DO NOT ALLOW
- THE EXCLUSION OR LIMITATION OF RELIEF, INCIDENTAL OR
- CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
- EXCLUSION MAY NOT APPLY TO YOU.
-
- You agree that Website Pros and its distributors and dealers will not be liable for
- defense or indemnity with respect to any claim against you by any third party arising
- from your possession or use of the Software or the Documentation.
-
- 8. Export Control Laws. You agree to comply with all laws, rules and regulations
- applicable to the export of the Software or the Documentation. Specifically, you
- shall not export, re-export or transship the Software or the Documentation, or the
- direct product thereof, in violation of any United States laws and regulations which
- may from time to time be applicable. None of the Software or underlying information
- or technology may be downloaded or otherwise exported or re-exported (i) into any
- country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury
- Department's list of Specially Designated Nationals or the U.S. Commerce Department's
- Table of Denial Order. By downloading or using the Software, you are agreeing to the
- foregoing and you are representing and warranting that you are not located in, under
- the control of, or a national or resident of any such country or on any such list.
-
- 9. High Risk Activities. The Software is not fault-tolerant and is not designed,
- manufactured or intended for use or resale as online equipment control equipment in
- hazardous environments requiring fail-safe performance, such as in the operation of
- nuclear facilities, aircraft navigation or communication systems, air traffic control,
- direct life support machines, or weapons systems, in which the failure of the Software
- could lead directly to death, personal injury, or severe physical or environmental
- damage. Website Pros and its suppliers specifically disclaim any express or implied
- warranty of fitness for any high risk uses listed above.
-
- 10. Government Restricted Rights. The Software has been developed at private
- expense and is "commercial computer software" or "restricted computer software"
- within the meaning of the FARs, the DFARs, and any other similar regulations
- relating to government acquisition of computer software. Nothing contained herein
- will be deemed to grant any government agency any license or other rights greater
- than are mandated by statute or regulation for commercial computer software
- developed entirely at private expense.
-
- 11. Governing Law and Interpretation. This Agreement shall be interpreted under and
- governed by the laws of the State of California, without regard to its rules governing
- the conflict of laws. If any provision of this Agreement is held illegal or unenforceable
- by a court or tribunal of competent jurisdiction, the remaining provisions of this
- Agreement shall remain in effect and the invalid provision deemed modified to the least
- degree necessary to remedy such invalidity.
-
- 12. Entire Agreement. This Agreement is the complete agreement between Website Pros
- and you and supersedes all prior agreements, oral or written, with respect to the
- subject matter hereof. If you have any questions concerning this Agreement, you may
- write to Website Pros, Inc., Customer Service, 12735 Gran Bay Parkway, West,
- Bldg 200, Jacksonville, Florida 32258.
-