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License Agreement
Please read the following License Agreement.
NOTICE -- READ THIS BEFORE USING THE SOFTWARE
INSTALLING AND USING THE SOFTWARE ACCOMPANYING THIS LICENSE
INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. READ
ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT PRIOR
TO INSTALLING OR USING THE SOFTWARE. IF YOU DO NOT ACCEPT THESE
TERMS, PLEASE DO NOT INSTALL THE SOFTWARE OR, IF YOU HAVE
ALREADY INSTALLED THE SOFTWARE, YOU MUST DELETE THE SOFTWARE
FROM YOUR HARDWARE.
* * * *
This is a legal agreement between you and Be The Web. This Agreement states the
terms and conditions on which Be The Web offers to license this software program
(the "Program") and the accompanying on-line read-me and help files (the "Documentation")
including, but not limitedto, the executable programs, drivers, libraries and data files
associated with the Program.
PLEASE NOTE THAT YOU MAY NOT USE, COPY, MODIFY OR TRANSFER THE
PROGRAM OR DOCUMENTATION OR ANY COPY, EXCEPT AS EXPRESSLY
PROVIDED IN THIS AGREEMENT. NOR MAY YOU SUB-LICENSE ANY OF YOUR
RIGHTS UNDER THIS AGREEMENT.
LICENSE: This software program (the "Program") and the accompanying on-line read-me and
help files (the "Documentation") are licensed, not sold, to you. The term "Program" shall also
include any updates of the Program licensed to you by Be The Web. Subject to the terms
of this agreement, you have a non-exclusive and nontransferable right to use the Program and
Documentation for non-commercial (e.g., not for resale or rental or the like), educational,
evaluation or personal purposes only. You may use this Program on a single computer by a
single user at one time located in the United States and its territories or any other country to
which this Program is legally exported. This Program is "in use" on a computer when it is
loaded into the temporary memory (i.e., RAM) or installed into the permanent memory (e.g.,
hard drive, CD-ROM or other storage device) of that computer, except that a copy installed on a
network server for the sole purpose of distribution to other computers is not "in use." If you
permanently install the Program on the hard disk or other storage device of a computer (other
than a network server) and you use that computer more than 80% of the time it is in use, then
you may also use the Program on a portable or home computer. You may merge it into another
Program for your use on a single machine. You agree to use your best efforts to prevent and
protect the contents of the Program and Documentation from unauthorized disclosure or use.
Be The Web reserve all rights not expressly granted to you. Be The Web's licensors
are the intended third-party beneficiaries of this agreement and have the express right to rely
upon and directly enforce the terms set forth herein.
LIMITATION ON USE: You may not rent, lease, sell or otherwise transfer or distribute
copies of the Program or Documentation to others. You may not modify or translate the Program
or the Documentation without the prior written consent of Be The Web. You may not
reverse assemble, reverse compile or otherwise attempt to create the source code from the
Program. You may not use Be The Web's name to refer to Be The Web directly or
indirectly in any papers, articles, advertisements, sales presentations, news releases or releases to
any third party without the prior written approval of Be The Web for each such use. You
may not release the results of any performance or functional evaluation of any Program to any
third party without prior written approval of Be The Web for each such release.
BACKUP AND TRANSFER: You may make one archival copy of the Program for backup
purposes provided Be The Web's copyright notice is included. You may not sublicense,
assign, delegate, rent, lease, time-share or otherwise transfer this license or any of the related
rights or obligations for any reason. Any attempt to make any such sublicense, assignment,
delegation or other transfer by you shall be void. You may physically transfer the Program from
one computer to another provided that the Program (including any portion or copy thereof) is
erased from the first computer and there is no possibility that the Program will be used on more
than one computer at a time.
COPYRIGHT: The Program and related Documentation are copyrighted by Be The Web
and its licensors. By acceptance of this Agreement you specifically acknowledge that the
Program is protected by copyright and that you have received notice of said copyright protection.
You may not copy the Program (or this license) except to provide a backup copy and to load the
Program into the computer as part of executing the Program. You may make one copy of the
Documentation and print one copy of any on-line documentation or other materials provided to
you in electronic form. Any and all other copies of the Program and any copy of the
Documentation made by you are in violation of this license.
OWNERSHIP: You agree that the Program and Documentation belong to Be The Web
and its licensors. You agree that you neither own nor hereby acquire any claim or right of
ownership to the Program and Documentation or to any related patents, copyrights, trademarks
or other intellectual property. Be The Web and its licensors retain all right, title and
interest in and to the Documentation and all copies and the Program at all times, regardless of
the form or media in or on which the original or other copies may subsequently exist, and
reserves all rights not expressly granted to you. This license is not a sale of the original or any
subsequent copy. All content accessed through the Program is the property of the applicable
content owner and may be protected by applicable copyright law. This license gives you no
rights to such content.
TERM AND TERMINATION: This license is effective until terminated. You may terminate
this license at any time by destroying the Program and Documentation and the permitted backup
copy. This license automatically terminates if you fail to comply with its terms and conditions.
You agree that, upon such termination, you will either destroy (or permanently erase) all copies
of the Program and Documentation, or return the original Program and Documentation to Be The Web,
together with any other material you have received from Be The Web in
connection with the Program.
PRODUCT UPGRADES: You agree that Be The Web is under no obligation to release
product upgrades or maintenance releases, such as minor improvements, bug fixes, or patches.
Any such releases will be at the sole discretion of Be The Web. In the event a product
upgrade or maintenance release is released, you will be entitled to an upgrade or maintenance
release within the current version number licensed by you free of charge, provided you perform
the necessary application of said upgrade or release. For purposes of this Agreement, "within
the current version number" refers to any sub-numbering within a primary numbered version
(e.g., Primary version 6.0, upgrade version 6.1). "Application" means downloading or uploading
of the distribution file containing said upgrade or maintenance release, and performing the
necessary activities to incorporate said upgrade or maintenance release including, but not limited
to, backing up the older version of the Program, running any necessary conversion programs, and
performing any necessary reconfiguration. In the event you decide to have Be The Web
perform any application for you or on your behalf, Be The Web reserves the right to charge
a fee, to be determined at Be The Web's discretion, for any such application. Be The Web
further reserves the right to require an application fee in the event the nature of the
upgrade or maintenance release is such that Be The Web determines that any application
should be performed solely by Be The Web. In the event such an application by Be The Web
is required, Be The Web agrees to insure the quality of said upgrade or maintenance release
by performing a backup of your current system prior to any application of said upgrade or
maintenance release by Be The Web.
NEW VERSIONS OF THE PROGRAM: You agree that Be The Web is under no
obligation to release any new version of the Program and/or Documentation. In the event a new
primary version of the Program and/or Documentation (e.g., Version 7.0) is released by Be The Web,
you agree to pay for a new license, at a price to be determined by Be The Web
at its discretion, should you wish to use said new version.
SUPPORT: Be The Web agrees to provide reasonable technical support through a public
medium free of charge. For purposes of this Agreement, "public medium" refers to a suitable
online forum or news group to be monitored by Be The Web and other licensed users of
the Program and/or Documentation. Be The Web may, at its sole discretion, provide
personal technical support free of charge, but specifically reserves the right to charge for such
personal technical support. For purposes of this Agreement, "personal technical support" refers
to telephone support, electronic mail, or other online methods. You agree that any offer or
actual provision of technical support by Be The Web does not constitute any warranty
regarding the Program and/or Documentation except as otherwise provided in this Agreement.
DISCLAIMER OF WARRANTY: Be The Web does not warrant that the functions
contained in the Program will meet your requirements or that the operation of the Program will
be uninterrupted or error free. Be The Web PROVIDES THE PROGRAM AND THE
DOCUMENTATION "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS,
IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
You assume full responsibility for the selection of the Program to achieve your intended results,
and for the installation, use and results obtained from the Program. You also assume the entire
risk as it applies to the quality and performance of the Program. Should the Program prove
defective, you and not Be The Web assume the entire cost of any service and repair. This
disclaimer of warranty constitutes an essential part of this agreement.
Some states do not allow the exclusion of implied warranties, so the above exclusion may not
apply to you. This warranty gives you specific legal rights and you may also have other rights
which vary from state to state.
LIMITATION OR REMEDIES: IN NO EVENT WILL Be The Web BE LIABLE FOR
ANY INDIRECT DAMAGES OR OTHER RELIEF ARISING OUT OF YOUR USE OR
INABILITY TO USE THE PROGRAM INCLUDING, BY WAY OF ILLUSTRATION AND
NOT LIMITATION, LOST PROFITS, LOST SAVINGS, LOST BUSINESS OR LOST
OPPORTUNITY, LOST REVENUE, LOST DATA, OR ANY SPECIAL, INCIDENTAL OR
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LEGAL FEES, ARISING
OUT OF SUCH USE OR INABILITY TO USE THE PROGRAM, EVEN IF Be The Web
OR AN AUTHORIZED Be The Web DEALER, DISTRIBUTOR OR SUPPLIER HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY
OTHER PARTY.
Some states do not allow the exclusion or limitation of incidental or consequential damages so
the above limitation or exclusion may not apply to you.
GENERAL: This Agreement is binding on you as well as your employees, employers,
contractors, agents, and any successors or assignees. Except as otherwise provided by applicable
state law or federal law governing copyrights, this Agreement is governed by the laws of the
State of Delaware. This Agreement represents the entire agreement between Be The Web
and you and supersedes any other understandings or agreements including, but not limited to,
advertising statements, with respect to the Program.
EXPORT CONTROLS: The Program and the underlying information and technology may not
be downloaded or otherwise exported or re-exported (i) into (or to a national resident of) Cuba,
Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. has
embargoed goods; or (ii) to anyone of the U.S. Treasury Department's list of Specially
Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By
downloading or using the Program, you are agreeing to the foregoing and you represent and
warrant that you are not located in, under the control of, or a national or resident of any such
country or on any such list.
U.S. GOVERNMENT END USERS: The Program is a "commercial item," as that term is
defined at 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and
"commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212
(Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4
(June 1995), all U.S. Government End Users acquire the Program with only those rights set forth
herein.
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