End user agreement for CacheBoost Server Edition
EULA FOR CACHEBOOST SERVER EDITION:
IMPORTANT - READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) & Systweak Inc., for the Systweak Inc. product identified above, which includes computer software & may include associated media, printed materials, & "online" or electronic documentation ("SOFTWARE PRODUCT"). The SOFTWARE PRODUCT also includes any updates & supplements to the original SOFTWARE PRODUCT provided to you by Systweak Inc. In the event of a disagreement between a license agreement accompanying the software itself & this document, this document shall be held & considered to be the more recent & shall take precedence. By continuing with your installation, copying, downloading, accessing or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA.
IMPORTANT - If you do not agree to ALL of the terms of this EULA, do not purchase, install or use the SOFTWARE PRODUCT, including evaluation versions thereof.
Software PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws & international copyright treaties & by other intellectual property laws & treaties. The SOFTWARE PRODUCT is licensed, not sold, & hence your acquisition or purchase is that of a license.
1. GRANT OF LICENSE:
* Applications Software. You may install, use, access, display, run, of any prior version for the same operating system, on a single computer, workstation, terminal or other digital electronic device ("COMPUTER").
* Storage/Network Use. You may also store or install a copy of the SOFTWARE PRODUCT on a storage device, such as a network server, used only to RUN the SOFTWARE PRODUCT on your other COMPUTERS over an internal network; however, you must acquire & dedicate a license for each separate COMPUTER on which the SOFTWARE PRODUCT is RUN from the storage device. A license for the SOFTWARE PRODUCT may not be shared or used concurrently on different COMPUTERS.
* Reservation of Rights. All rights not expressly granted are reserved by Systweak Inc.
2. DESCRIPTION OF OTHER RIGHTS & LIMITATIONS.
* Limitations on Reverse Engineering, Decompilation, & Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except & only to the extent that such activity is expressly permitted by applicable law notwithst&ing this limitation. You may not use any portion of the SOFTWARE PRODUCT to create derivative products of any kind.
* Separation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one COMPUTER.
* Trademarks. This EULA does not grant you any rights in connection with any trademarks or service marks of Systweak Inc.
* Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT.
* Support Services. Systweak Inc. may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Use of Support Services is governed by the Systweak Inc. policies & programs described in the user manual, in "online" documentation, &/or in other Systweak Inc. provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT & subject to the terms & conditions of this EULA.
With respect to technical information you provide to Systweak Inc. as part of the Support Services, Systweak Inc. may use such information for its business purposes, including for product support & development. Systweak Inc. will not utilize such technical information in a form that personally identifies you.
* Termination. Without prejudice to any other rights, Systweak Inc. may terminate this EULA if you fail to comply with the terms & conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT & all of its component parts.
3. UPGRADES. If the SOFTWARE PRODUCT is labeled as an upgrade, you must be properly licensed to use a product identified by Systweak Inc. as being eligible for the upgrade in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled as an upgrade replaces &/or supplements (& may disable) the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that you licensed as a single product, the SOFTWARE PRODUCT may be used & transferred only as part of that single product package & may not be separated for use on more than one COMPUTER.
4. COPYRIGHT. All title & copyrights in & to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, & "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, & any copies of the SOFTWARE PRODUCT are owned by Systweak Inc. or its suppliers. All title & intellectual property rights in & to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner & may be protected by applicable copyright or other intellectual property laws & treaties. This EULA grants you no rights to use such content. If this SOFTWARE PRODUCT contains documentation which is provided only in electronic form, you may print one copy of such electronic documentation. You may not copy the printed materials accompanying the SOFTWARE PRODUCT.
5. DUAL-MEDIA SOFTWARE. You may receive the SOFTWARE PRODUCT in more than one medium, including but not limited to electronic download. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for your single COMPUTER. You may not RUN the other medium on another COMPUTER. You may not loan, rent, lease, or otherwise transfer the other medium to another user, except as part of the permanent transfer (as provided above) of the SOFTWARE PRODUCT.
6. BACKUP COPY. After installation of one copy of the SOFTWARE PRODUCT pursuant to this EULA, you may keep the original media on which the SOFTWARE PRODUCT was provided by Systweak Inc. solely for backup or archival purposes. If the original media is required to use the SOFTWARE PRODUCT on the COMPUTER, you may make one copy of the SOFTWARE PRODUCT solely for backup or archival purposes. Except as expressly provided in this EULA, you may not otherwise make copies of the SOFTWARE PRODUCT or the printed material accompanying the SOFTWARE PRODUCT.
7. U.S. GOVERNMENT RESTRICTED RIGHTS. All SOFTWARE PRODUCT provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial rights & restrictions described elsewhere herein. All SOFTWARE PRODUCT provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with RESTRICTED RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or FAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
8. EXPORT RESTRICTIONS. Therefore the following terms apply: You agree that you will not export or re-export the SOFTWARE PRODUCT, any part thereof, or any process or service that is the direct product of the SOFTWARE PRODUCT (the foregoing collectively referred to as the "Restricted Components"), to any country, person or entity subject to U.S. export restrictions. You specifically agree not to export or re-export any of the Restricted Components (i) to any country to which the U.S. has embargoed or restricted the export of goods or services, which currently include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan & Syria, or to any national of any such country, wherever located, who intends to transmit or transport the Restricted Components back to such country; (ii) to any person or entity who you know or have reason to know will utilize the Restricted Components in the design, development or production of nuclear, chemical or biological weapons; or (iii) to any person or entity who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government. You warrant & represent that neither the BXA nor any other U.S. federal agency has suspended, revoked or denied your export privileges.
9. DISTRIBUTION PERMISSION. "Systweak Inc. encourages you to share the unregistered installation executable with others. However, as explained in the software license, you may not share your registration key. Under no circumstance does Systweak Inc., grant any party permission to modify, remove or add files to the installation executable as compiled & released by Systweak Inc."
If you acquired this SOFTWARE PRODUCT in the United States, this EULA is governed by the laws of the State of Washington.
If you acquired this SOFTWARE PRODUCT in Canada , unless expressly prohibited by local law, this EULA is governed by the laws in force in the Province of Saskatchewan, Canada; &, in respect of any dispute which may arise hereunder, you consent to the jurisdiction of the federal & provincial courts sitting in Regina , Saskatchewan . If this SOFTWARE PRODUCT was acquired outside the United States , then local law may apply. Should you have any questions concerning this EULA, or if you desire to contact Systweak Inc. for any reason, please write: E-73 Chitranjan Marg, 'C'-Scheme, Jaipur- 302001, INDIA
LIMITED WARRANTY FOR SOFTWARE PRODUCTS. Systweak Inc. warrants that (a) the SOFTWARE PRODUCT will operate on your computer for a period of thirty (30) days from the date of receipt, & (b) any Support Services provided by Systweak Inc. shall be substantially as described in applicable written materials provided to you by Systweak Inc., & Systweak Inc. support engineers will make commercially reasonable efforts to solve any problem issues, however, Systweak Inc. specifically disclaims any warranty as to the availability, timeliness, or accuracy of the customer support information given. THIS WARRANTY COVERS ONLY DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (THIRY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE THIRY (30) DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states & jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the SOFTWARE PRODUCT, if any, are limited to thirty (30) days.
LIMITATION OF IMPLIED WARRANTY OR CONDITION. If an implied warranty or condition is created by your state/jurisdiction & federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (THIRY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE THIRY (30) DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to you.
APPLICATION TO ENTIRE PROMOTION, DOWNLOAD & PURCHASE PROCESS. By accepting this EULA & continuing with your purchase you agree that the limitations of warranty & liability provided in this EULA shall be held to cover the entire purchase, download & checkout process from first sponsored advertising impression through the acceptance of this EULA. The purchase process shall be defined to include, without limitation, any commercial efforts by Systweak Inc. or its agents to market & promote this product to you as well as the checkout process intended to secure the sale, including the encryption & transmission of your data electronically to Systweak's or its agents' credit card transaction systems. If you do not agree with the application of these limitations to the entire promotion & purchase process, do not continue the checkout process.
LIMITATION OF CLAIM PERIOD. Any claim of defect or failure, regardless of applicable express or implied warranty, must be made to Systweak Inc. in writing at E-73 Chitranjan Marg, 'C'-Scheme, Jaipur- 302001, INDIA within thirty (30) days of purchase. You agree that a failure to notify Systweak Inc. of any such claim within this thirty (30) day claim period completely releases Systweak Inc. of any responsibility, warranty or liability associated with the SOFTWARE PRODUCT regardless of whether this warranty is created by your state/jurisdiction & federal or state/provincial law.
EVALUATION VERSION. For evaluation or limited functionality versions of the SOFTWARE PRODUCT ("TRIALS"), which shall be considered to be any copy of the SOFTWARE PRODUCT where no purchase price is paid prior to obtaining the software, you agree that your sole recourse to Systweak Inc. & to the party from which you obtained the free version for any defect or failure in the SOFTWARE PRODUCT is to remove the SOFTWARE PRODUCT from your computer at your own expense.
CUSTOMER REMEDIES. Systweak's & its suppliers' entire liability & your exclusive remedy shall be, at Systweak's option, either (a) return of the price paid, if any, or (b) repair or replacement of the SOFTWARE PRODUCT that does not meet Systweak's Limited Warranty & which is returned to Systweak Inc. with a copy of your receipt (or sufficient identifying information to be able to retrieve your purchase information in lieu thereof, at Systweak's sole discretion). This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States , neither these remedies nor any product support services offered by Systweak Inc. are available without proof of purchase from an authorized international source.
LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, in no event shall Systweak Inc. or its agents, officers or 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 advertising of the SOFTWARE PRODUCT or the provision of or failure to provide Support Services, even if Systweak Inc. has been advised of the possibility of such damages. In any case, Systweak's entire liability under any provision of this EULA or any responsibility or liability created by the laws of your state/jurisdiction shall be limited to the amount actually paid by you for the SOFTWARE PRODUCT. Because some states & jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.
NOT FOR MISSION CRITICAL USE. You warrant that you understand & agree that the software is not designed, intended or licensed for use in hazardous environments requiring fail-safe controls, including without limitation, the design, construction, maintenance or operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, life support or weapons systems, or any environment where a software or computer defect or failure could result is injury to persons or physical damage. Systweak Inc. specifically disclaims any express or implied warranty of fitness for such purposes.
BACKUP RESPONSIBILITY. The SOFTWARE PRODUCT is a system utility, & as such can make irreversible changes to the state of computer on which it is run & that Systweak Inc. cannot accurately predict or ensure the outcome in all possible scenarios, & therefore purchaser agrees to make & test a complete system backup & backup of all personal information before operating the SOFTWARE PRODUCT. You agree that you accept all responsibility for reversing or correcting any changes made by the SOFTWARE PRODUCT.
NO PERFORMANCE WARRANTY. Systweak Inc. specifically disclaims any warranty for the amount of performance increase or utility provided by the SOFTWARE PRODUCT. By purchasing this software & accepting this EULA you specifically agree that you underst& that no representation or warranty is made by Systweak Inc. that the SOFTWARE PRODUCT will necessarily increase performance or provide a utility benefit on your computer, & that no claim of specific deficiency, defect, or underperformance has been made with respect to your computer. Any claims of performance increases or utility made for the software are those of possible or potential improvement or utility, & no warranty is offered that a specific utility or amount of performance increase, if any, will be realized on any particular computer. Each computer is different & the scenarios under which they are used are different, & no claim is made that any one computer or usage scenario shall see a performance increase or utility benefit from the SOFTWARE PRODUCT. Your sole remedy for any dissatisfaction with the presence of or the degree or amount of performance improvement or utility shall be limited to the customer remedies described above.
NO OTHER WARRANTIES. To the maximum extent permitted by applicable law, Systweak Inc. & its suppliers disclaim all other warranties & conditions, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, & non-infringement, with regard to the SOFTWARE PRODUCT, & the provision of or failure to provide Support Services. THE LIMITED WARRANTY THAT APPEARS ABOVE IS THE ONLY EXPRESS WARRANTY MADE TO YOU & IS PROVIDED IN LIEU OF ANY OTHER EXPRESS WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING, OR LICENSE AGREMENTS THAT MAY ACCOMPANY THE PRODUCT ITSELF. EXCEPT FOR THE LIMITED WARRANTY & TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SYSTWEAK INC. & ITS AGENTS, OFFICERS, & SUPPLIERS PROVIDE THE SOFTWARE & SUPPORT SERVICES (IF ANY) AS IS & WITH ALL FAULTS, & HEREBY DISCLAIM ALL OTHER WARRANTIES & CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OR RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES & OF LACK OF NEGLIGENCE, OF FAILURE TO PREVENT VIRUSES OR TROJANS, OF FAILURE TO PREVENT UNAUTHORIZED ACCESS OR USE ALL WITH REGARD TO THE SOFTWARE, & THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. ALSO, HERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, & CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE. This limited warranty gives you specific legal rights. You may have others, which vary from state/jurisdiction to state/jurisdiction.
ENTIRE AGREEMENT; SEVERABILITY. This EULA is the entire agreement between you & Systweak Inc. relating to the Software & the support services (if any) & they supersede all prior or contemporaneous oral or written communications, proposals & representations with respect to the Software or any other subject matter covered by this EULA. This EULA specifically supersedes any EULA or license agreement that may be present within the SOFTWARE PRODUCT or its accompanying documentation. To the extent the terms of any Systweak Inc. policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force & effect.
FOR SYSTWEAK INC.
E-73, CHITRANJAN MARG,
JAIPUR - 302 001.