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License Agreement
BY DOWNLOADING THE PRODUCT YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT DO NOT DOWNLOAD THE PRODUCT
Single User
License Grant: DownloadPageProtector.com
and its suppliers grant to Customer ("Customer") a nonexclusive and
nontransferable license to use the DownloadPageProtector.com software
("Software") in object code form solely on a single Web Domain for up
to 5 products.
5 Domains
License Grant: DownloadPageProtector.com
and its suppliers grant to Customer ("Customer") a nonexclusive and
nontransferable license to use the DownloadPageProtector.com software
("Software") in object code form: (i) installed on up to the number
of Web Domains owned or leased by Customer for which Customer has paid
a
license fee ("Permitted Number of Web Domains"). Customer may only
use the programs contained in the Software (i) for which Customer has
paid a
license fee (or in the case of an evaluation copy, those programs
Customer is
authorized to evaluate) and (ii) for which Customer has received a
product
authorization invoice. Customer grants to DownloadPageProtector.com or
its
independent accountants the right to examine its books, records and
accounts
during Customer's normal business hours to verify compliance with the
above
provisions. In the event such audit discloses that the Permitted Number
of Web
Domains is exceeded, Customer shall promptly pay to
DownloadPageProtector.com
the appropriate licensee fee for the additional computers or Websites.
At DownloadPageProtector.com
's option, DownloadPageProtector.com may terminate this license for
failure to
pay the required license fee.
Unlimited
Domains License Grant:
DownloadPageProtector.com
and its suppliers grant to Customer ("Customer") a nonexclusive and
nontransferable license to use the DownloadPageProtector.com software
("Software") in object code form: (i) installed on up to the number
of Web Domains owned or leased by Customer for which Customer has paid
a
license fee ("Permitted Number of Web Domains"). Customer may only
use the programs contained in the Software (i) for which Customer has
paid a
license fee (or in the case of an evaluation copy, those programs
Customer is
authorized to evaluate) and (ii) for which Customer has received a
product
authorization invoice.
Customer may
make one (1) archival copy of the
Software provided Customer affixes to such copy all copyright,
confidentiality,
and proprietary notices that appear on the original (Authorization
invoice).
EXCEPT AS
EXPRESSLY AUTHORIZED ABOVE, CUSTOMER SHALL
NOT: COPY, IN WHOLE OR IN PART, SOFTWARE OR DOCUMENTATION; MODIFY THE
SOFTWARE;
REVERSE COMPILE OR REVERSE ASSEMBLE ALL OR ANY PORTION OF THE SOFTWARE;
OR
RENT, LEASE, DISTRIBUTE, SELL, OR CREATE DERIVATIVE WORKS OF THE
SOFTWARE.
Customer
agrees that aspects of the licensed
materials, including the specific design and structure of individual
programs,
constitute trade secrets and/or copyrighted material of
DownloadPageProtector.com.
Customer agrees not to disclose, provide, or otherwise make available
such
trade secrets or copyrighted material in any form to any third party
without
the prior written consent of DownloadPageProtector.com. Customer agrees
to
implement reasonable security measures to protect such trade secrets
and copyrighted
material. Title to Software and documentation shall remain solely with
DownloadPageProtector.com.
LIMITED
WARRANTY. DownloadPageProtector.com warrants
that for a period of (60) days from the date of delivery from
DownloadPageProtector.com:
the Software substantially conforms to its published specifications.
Except for
the foregoing, the Software is provided AS IS. This limited warranty
extends
only to Customer as the original licensee. Customer's exclusive remedy
and the
entire liability of DownloadPageProtector.com and its suppliers under
this
limited warranty will be, at Cisco or its service center's option,
repair,
replacement, or refund of the Software if reported (or, upon request,
returned)
to the party supplying the Software to Customer. In no event does
DownloadPageProtector.com
warrant that the Software is error free or that Customer will be able
to
operate the Software without problems or interruptions.
This
warranty does not apply if the software (a) has
been altered, except by DownloadPageProtector.com, (b) has not been
installed,
operated, repaired, or maintained in accordance with instructions
supplied by DownloadPageProtector.com,
(c) has been subjected to abnormal physical or electrical stress,
misuse,
negligence, or accident, or (d) is used in ultrahazardous activities.
DISCLAIMER.
EXCEPT AS SPECIFIED IN THIS WARRANTY, ALL
EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES
INCLUDING,
WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS
FOR A
PARTICULAR PURPOSE, NONINFRINGEMENT OR ARISING FROM A COURSE OF
DEALING, USAGE,
OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY
APPLICABLE LAW.
IN NO EVENT
WILL DOWNLOADPAGEPROTECTOR.COM OR ITS
SUPPLIERS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR
SPECIAL,
INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED
AND
REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR
INABILITY TO
USE THE SOFTWARE EVEN IF DOWNLOADPAGEPROTECTOR.COM OR ITS SUPPLIERS
HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall
DownloadPageProtector.com
's or its suppliers' liability to Customer, whether in contract, tort
(including negligence), or otherwise, exceed the price paid by
Customer. The
foregoing limitations shall apply even if the above-stated warranty
fails of
its essential purpose. SOME STATES DO NOT ALLOW LIMITATION OR EXCLUSION
OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.
The above
warranty DOES NOT apply to any beta
software, any software made available for testing or demonstration
purposes,
any temporary software modules or any software for which
DownloadPageProtector.com
does not receive a license fee. All such software products are provided
AS IS
without any warranty whatsoever.
This
License is effective until terminated. Customer
may terminate this License at any time by destroying all copies of
Software
including any documentation. This License will terminate immediately
without
notice from DownloadPageProtector.com if Customer fails to comply with
any
provision of this License. Upon termination, Customer must destroy all
copies
of Software.
.