IMPORTANT: PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE OPENING THE DISKETTE PACKAGE(S) AND/OR USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS STATED BELOW. IF YOU DO NOT AGREE WITH THE TERMS OF THIS LICENSE, PROMPTLY RETURN THE UNUSED SOFTWARE TO THE POINT OF PURCHASE AND YOUR MONEY WILL BE REFUNDED.
1. License. SiteDesigner Technologies, Inc. ("SiteDesigner Technologies") grants to the Licensee purchasing this copy of 3D-FTP Software a nonexclusive, nontransferable license to use the 3D-FTP software and other software and fonts contained in this package (collectively the "Software") and its documentation for use in accordance with this License. Notwithstanding anything to the contrary herein, any license agreement included in any third party software component(s) shall set forth Licensee's rights with regard to such software component(s) and shall take precedence over the terms and conditions of this software license agreement to the extent they are inconsistent. SiteDesigner Technologies or SiteDesigner Technologies's Licensors retain title to the Software and related documentation although the Licensee owns the media on which the Software and documentation are recorded, if any. This License allows use of the Software and documentation only by the number of Users and on the platform specified on the UPC label on the diskette(s) or, for electronic transactions, the number of Users licensed. "User(s)" means Licensee, if Licensee is an individual purchasing the Software for use at office or home (in which case Licensee's immediate family members residing in the same household shall not be considered additional Users), or, if Licensee is a corporation or similar business or commercial entity or government agency, its current employees.
Subject to the limitations of this License, each authorized User may only use the Software on (i) any central processing unit ("CPU"), workstation or portable which is owned or controlled by Licensee, and (ii) any User-owned CPU, workstation or portable.
2. Restrictions. This License sets forth the terms and conditions governing the use of the Software and documentation. Licensee may not rent, lease or otherwise transfer the Software or its documentation. Licensee may make a limited number of copies of the Software based on the number of licensed Users and a reasonable number of back-up copies. The Software contains copyrighted material, trade secrets and other proprietary material. Licensee must reproduce on all such copies of the Software the copyright notices and any other proprietary legends that were on the original copy of the Software. Licensee shall not, without the prior written permission of SiteDesigner Technologies, nor permit anyone else to, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human perceivable form, or to modify, network, rent, lease, loan, distribute, or create derivative works based upon the Software or the documentation in whole or in part. Notwithstanding, if the Software is lawfully acquired outside of the United States within a jurisdiction which is a member of European Economic Community (EEC) subject to the EEC Council Directive of May 14, 1991, Licensee agrees that within that jurisdiction it shall not, and shall not allow any party on Licensee's behalf, to attempt to reverse engineer or decompile the Software into another computer language, except as expressly and specifically provided in the EEC Council Directive of May 14, 1991. Any and all information obtained during such lawful reverse engineering and/or decompiling activities, including but not limited to, the organization, logic, algorithms and processes of the Software, shall be deemed to be the confidential and proprietary information of SiteDesigner Technologies or its Licensors. Licensee shall not make copies of the copyrighted Software documentation without the prior written permission of SiteDesigner Technologies provided that for electronic transactions, Licensee may make one (1) hard copy of such documentation for each User.
3. Technical Support. Licensee must register in order to be eligible for technical support via telephone or electronic mail. SiteDesigner Technologies has and shall have the right to set a price for customer Service and Maintenance, and it may charge that price.
4. Termination. This License is effective until terminated. Licensee may terminate this License at any time by destroying all copies of the Software and its documentation. This License will terminate immediately without notice from SiteDesigner Technologies if Licensee fails to comply with any provision of this License. Upon termination, Licensee must destroy all copies of the Software and its documentation.
5. Disclaimer of Warranty. Licensee expressly acknowledges and agrees that the use of the Software and its documentation is at Licensee's sole risk. The Software, documentation, and technical support are provided "AS IS" and without warranty of any kind. Information regarding any third party services included in this package is provided as a convenience only, without warranty by SiteDesigner Technologies, and will be governed solely by the terms agreed upon between Licensee and the third party providing such services.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, SITEDESIGNER TECHNOLOGIES AND SITEDESIGNER TECHNOLOGIES'S LICENSOR(S) (FOR THE PURPOSES OF PROVISIONS 8 AND 9, SITEDESIGNER TECHNOLOGIES AND SITEDESIGNER TECHNOLOGIES'S LICENSOR(S) SHALL BE COLLECTIVELY REFERRED TO AS SITEDESIGNER TECHNOLOGIES) EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. SITEDESIGNER TECHNOLOGIES DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, SITEDESIGNER TECHNOLOGIES DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR ITS DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SITEDESIGNER TECHNOLOGIES OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY.
6. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL SITEDESIGNER TECHNOLOGIES, ITS AFFILIATES OR THEIR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR ITS DOCUMENTATION, EVEN IF SITEDESIGNER TECHNOLOGIES OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
In no event shall SiteDesigner Technologies's total liability to Licensee for all damages, losses, and causes of action (whether in contract, tort, including negligence, or otherwise) exceed the amount paid by Licensee for the Software and its documentation.
7. No Waiver or Assignment. No delay or failure to take action under this License will constitute a waiver unless expressly waived in writing, signed by a duly authorized representative of SiteDesigner Technologies, and no single waiver will constitute a continuing or subsequent waiver. This License may not be assigned, sublicensed or otherwise transferred by Licensee, by operation of law or otherwise, without SiteDesigner Technologies's prior written consent, provided that Licensee may assign this License upon written notice to SiteDesigner Technologies in instances in which such assignment is to an entity which acquires all or substantially all of the business of Licensee, whether by merger, consolidation, or acquisition of assets.
8. Jurisdiction. This License Agreement shall be construed as under and governed in accordance with the laws of the Finland. Both parties agree that the exclusive jurisdiction and venue of any lawsuit between them shall be a court sitting in Finland.
9. Entire Agreement. This License constitutes the entire agreement between the parties with respect to the use of the Software and its documentation, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. There shall be no contract for purchase or sale of the Software except upon the terms and conditions specified herein. Any additional or different terms or conditions proposed by Licensee or contained in any purchase order are hereby rejected and shall be of no force and effect unless expressly agreed to in writing by SiteDesigner Technologies. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative of SiteDesigner Technologies.
3D-FTP and SiteDesigner are trademarks of SiteDesigner Technologies, Inc.
Copyright (C) 1999 SiteDesigner Technologies, Inc.
