END-USER LICENSE AGREEMENT FOR MAD-WEB NETWORKS SOFTWARE
IMPORTANT-READ CAREFULLY: This Mad-Web Networks End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Mad-Web Networks for the Mad-Web Networks software product(s) identified above which may include associated software components, media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you are not authorized to use the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed under interational laws.
1. GRANT OF LICENSE. The SOFTWARE PRODUCT is licensed as follows:
* Installation and Use. Mad-Web Networks grants you the right to install and use copies of the SOFTWARE PRODUCT on your computers with 10-client connection restriction.
* Backup Copies. You may also make copies of the SOFTWARE PRODUCT as may be necessary for backup and archival purposes.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
* Maintenance of Copyright Notices. You must not remove or alter any copyright notices on all copies of the SOFTWARE PRODUCT.
* Distribution. You may not distribute copies of the SOFTWARE PRODUCT to third parties.
* Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, patch, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
* Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT.
* Transfer. You may permanently transfer all of your rights under this EULA, provided the recipient agrees to the terms of this EULA.
3. TERMINATION. Without prejudice to any other rights, Mad-Web Networks may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT.
4. COPYRIGHT. All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by Mad-Web Networks or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by Mad-Web Networks.
5. EXPORT RESTRICTIONS. You agree that you will not export or re-export the SOFTWARE PRODUCT to any country, person, entity or end user subject to U.S.A. export restrictions. Restricted countries currently include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria. You warrant and represent that neither the U.S.A. Bureau of Export Administration nor any other federal agency has suspended, revoked or denied your export privileges.
6. NO WARRANTIES. Mad-Web Networks expressly disclaims any warranty for the SOFTWARE PRODUCT. THE SOFTWARE PRODUCT AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU.
7. LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, in no event shall Mad-Web Networks or its 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 or the provision of or failure to provide Support Services, even if Mad-Web Networks has been advised of the possibility of such damages. In any case, Mad-Web's entire liability under any provision of this EULA shall be limited to the greater of the amount actually paid by you for the SOFTWARE PRODUCT or US$5.00; provided however, if you have entered into a Mad-Web Networks Support Services Agreement, Mad-Web's entire liability regarding Support Services shall be governed by the terms of that agreemment. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.
8. MISCELLANEOUS.
This EULA is governed by the laws of the State of California, U.S.A.
If you acquired this product in Canada, this EULA is governed by the laws of the Province of Ontario, Canada. Each of the parties hereto irrevocably attorns to the jurisdiction of the courts of the Province of Ontario and further agrees to commence any litigation which may arise hereunder in the courts located in the Judicial District of York, Province of Ontario.
If this product was acquired outside the United States, then local law may apply.
