INTERNET SPEED BOOSTER - PRODUCT LICENSE INFORMATION
NOTICE TO USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT.
USE OF THE INTERNET SPEED BOOSTER PROVIDED WITH THIS AGREEMENT (THE "SOFTWARE")
CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS
OF THIS AGREEMENT, DO NOT INSTALL AND/OR USE THIS SOFTWARE.
USER'S USE OF THIS SOFTWARE IS CONDITIONED UPON COMPLIANCE BY USER WITH THE
TERMS OF THIS AGREEMENT.
NOTICE TO SHAREWARE DISTRIBUTORS: If you wish to distribute the shareware version
of INTERNET SPEED BOOSTER, please contact Robust.ws Technologies USA
at: sales@Robust.ws
1. LICENSE GRANT. Robust.ws grants you a license to use one copy of the
version of this SOFTWARE on any one system for as many licenses as you purchase.
"You" means the company, entity or individual whose funds are used to pay the license fee.
"Use" means storing, loading, installing, executing or displaying the SOFTWARE.
You may not modify the SOFTWARE or disable any licensing or control features of the
SOFTWARE except as an intended part of the SOFTWARE's programming features. When you
first obtain a copy of the SOFTWARE, you are granted an evaluation period of not more
than 25 uses, after which time you must purchase the License of the SOFTWARE according
to the terms and prices discussed in the SOFTWARE's documentation, or you must remove
the SOFTWARE from your system. This license is not transferable to any other system, or
to another organization or individual. You are expected to use the SOFTWARE on your
system and to thoroughly evaluate its usefulness and functionality before purchasing
the license. This "try before you buy" approach is the ultimate guarantee that the
SOFTWARE will perform to your satisfaction; therefore, you understand and agree that
there is no refund policy for any purchasing of license of the SOFTWARE.
2. OWNERSHIP. The SOFTWARE is owned and copyrighted by Robust.ws. Your
license confers no title or ownership in the SOFTWARE and should not be construed as a
sale of any right in the SOFTWARE.
3. COPYRIGHT. The SOFTWARE is protected by USA copyright law and international treaty
provisions. You acknowledge that no title to the intellectual property in the SOFTWARE is
transferred to you. You further acknowledge that title and full ownership rights to the
SOFTWARE will remain the exclusive property of Robust.ws. and you will not
acquire any rights to the SOFTWARE except as expressly set forth in this license. You agree
that any copies of the SOFTWARE will contain the same proprietary notices which appear on
and in the SOFTWARE.
4. REVERSE ENGINEERING. You agree that you will not attempt to reverse compile, modify,
translate, or disassemble the SOFTWARE in whole or in part.
5. NO OTHER WARRANTIES. THIS SOFTWARE IS PROVIDED "AS IS". USE AT YOUR OWN RISK. IN NO
EVENT SHALL Robust.ws. BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, OR
SPECIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF CRITICAL DATA,
LOSS OF PROFITS, INTERRUPTION OF BUSINESS, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY
TO USE THIS SOFTWARE. Robust.ws DOES NOT WARRANT THAT THE SOFTWARE IS ERROR
FREE. Robust.ws DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE,
EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN
IMPLIED WARRANTY MAY LAST, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES
YOU SPECIFIC! LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION
TO JURISDICTION.
6. SEVERABILITY. In the event of invalidity of any provision of this license, the parties agree
that such invalidity shall not affect the validity of the remaining portions of this license.
7. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL Robust.ws OR NOR
ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS SOFTWARE
BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND
ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF THE SOFTWARE, EVEN IF Robust.ws
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Robust.ws
LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED
THE LICENSE FEE PAID BY YOU, IF ANY.
8. GOVERNING LAW. This license will be governed by the laws of USA and shall inure to the
benefit of Robust.ws and any successors, administrators, heirs, and assigns. Any
action or proceeding brought by either part against the other arising out of or related to
this agreement shall be brought only in a PROVINCIAL or FEDERAL COURT of competent jurisdiction
located in Boston, Massachusettes, USA. The parties hereby consent to in person am jurisdiction of
said courts. The United Nations Convention on Contracts for the International Sale of Goods
is specifically disclaimed.
9. ENTIRE AGREEMENT. This is the entire agreement between you and Robust.ws which
supersedes any prior agreement or understanding, whether written or oral, relating to the
subject matter of this license.
NAVEXCEL, LTD.
END USER LICENSE AGREEMENT FOR NAVHELPER
REDISTRIBUTION NOT PERMITTED
Please read and understand this agreement fully before installing an/or using this software. This is a License Agreement for NavHelper software (the ôSoftwareö) between you and NavExcel, Ltd. (ôNavExcelö), the publisher of the Software. By clicking on the ôacceptö button, installing, copying or otherwise using the Software, you agree to be bound by the terms of this License Agreement. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, CLICK ON THE ôCANCELö BUTTON AND/OR DO NOT INSTALL THE SOFTWARE.
1. Rights Granted
This License Agreement allows you to use the Software. NavExcel grants you a nonexclusive, nontransferable, royalty-free license permitting you to download the Software solely for your personal use. The rights granted to you by NavExcel shall not be assigned, sublicensed, or otherwise conveyed or transferred by you to any other person, organization, or entity. Any rights not expressly granted to you herein are reserved by NavExcel.
2. Amendment
NavExcel may amend this License Agreement at any time without notice and any such modifications shall be deemed effective immediately upon publishing on NavExcelÆs site located at www.navexcel.com (the ôSiteö). For clarity, should any term(s) of this License Agreement differ from and term(s) of the License Agreement published as on the Site, the version of the License Agreement published on the Site shall govern.
3. Restrictions; Ownership
You shall not make or distribute copies of the Software. You may not decompile, reserve engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. You may not modify, sell, rent, transfer, resell for profit, distribute or create derivative works based upon the Software or any part thereof. You will not export or re-export, directly or indirectly, the Software into any country prohibited by the United States Export Administration Act and the regulations thereunder. The foregoing license gives you limited rights to use the Software. You do not become the owner of the Software. NavExcel retails all title to the Software and all copies thereof. All rights not specifically granted in this License Agreement, including Federal and International copyrights, are reserved by NavExcel. You acknowledge and agree that NavExcel holds all rights to, title to, and interest in all tangible and intangible incidents of the Software, including all patents, copyrights, and trade secrets pertaining thereto, and that this License Agreement conveys to you only a limited right to access and use the Software.
4. Privacy
NavExcel does not collect or store any personally identifiable information about you via the Software nor any information about your Internet usage patterns. NavExcel will not serve any advertisements to you via a ôpop-upö windows or otherwise via the Software.
5. Automatic Updates
The Software may automatically communicate with NavExcel or a third partyÆs servers to check for an install updates to the Software such as bug fixes, new features, registry settings, and other modifications. You consent to your receipt and installation of all of the foregoing and agree that all of the foregoing shall be governed by the terms of this License Agreement.
6. Content
NavExcel may provide links to Internet sites or resources not owned or controlled by NavExcel. Because NavExcel has no control over such sites and resources, you acknowledge and agree that NavExcel is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. NavExcel shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by the use of or reliance on any such content, goods, or services available on or through any such site or resource.
7. Disclaimer of Warranties and Limitation of Liability
THE SOFTWARE, DOCUMENTATION, SERVICES AND CONTENT ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NAVEXCEL FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE, DOCUMENTATION, SERVICES AND CONTENT REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NAVEXCEL BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE, THE SERVICES OR THE CONTENT, EVEN IF NAVEXCEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Indemnification
You agree to release, indemnify, defend, and hold harmless NavExcel, its parents, shareholders, subsidiaries, affiliates, officers, directors, employees, agents, and advisors, from and against any and all losses, liabilities, claims, demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, execution and licenses, including reasonable attorneysÆ fees and costs due to or arising out of your use, installation, or download of the Software or your breach of this License Agreement.
9. General
This License Agreement shall be governed by the laws of England and Wales. This License Agreement contains the complete agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements or understandings, whether written or oral. If any provision in this Agreement shall be found or be held to be invalid or unenforceable in any jurisdiction in which this Agreement is being performed, then the meaning of said provision shall be construed, to the extent feasible, so as to render the provision enforceable, and if no feasible interpretation would save such provision, it shall be severed from the remainder of this Agreement which shall remain in full force and effect. In such event, the parties shall negotiate in good faith, a substitute, valid, and enforceable provision that most nearly effect the partiesÆ intent in entering into this Agreement.
