End user agreement for Sitecraft-Newbie
Be sure to carefully read and understand all of the rights and restrictions described in this End User License Agreement (EULA). This software will not install on your computer unless or until you accept the terms of this Agreement.
This End User License Agreement is a legal agreement between you (an individual, a firm or a single entity) and WEBaby Corp. (“WEBaby”) for the WEBaby software product identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE"). The SOFTWARE also includes any updates and supplements to the original SOFTWARE provided to you by WEBaby. If update software is associated with a separate end-user license agreement then it is licensed to you under the terms of that license agreement.
If you do not agree to the terms of this EULA, do not install or use the SOFTWARE.
Your click on the "I Agree" button is a symbol of your signature that you accept the terms of the Agreement.
The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold.
1. GRANT OF LICENSE. This EULA grants you the following rights:
- You may install, use, access, display, run, or otherwise interact with ("RUN") one copy of the SOFTWARE, on a single computer, workstation, terminal, handheld PC or other digital electronic device ("COMPUTER"). You may make a second copy for your exclusive use on a portable computer.
- Reservation of Rights. All rights not expressly granted are reserved by WEBaby.
- You must maintain all copyright notices on all copies of the SOFTWARE.
- You may not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that such activity is permitted by applicable law notwithstanding this limitation.
- You may not rent or lease or lend the SOFTWARE.
- Software Transfer. The initial licensee of the SOFTWARE may make a one-time permanent transfer of this EULA and SOFTWARE only directly to an end user. This transfer must include all of the SOFTWARE (including all component parts, the media and printed materials, any upgrades and this EULA). Such transfer may not be by way of consignment or any other indirect transfer. The transferee of such one-time transfer must agree to comply with the terms of this EULA, including the obligation not to further transfer this EULA and SOFTWARE.
- The SOFTWARE is licensed as a single product. Its component parts may not be separated for use on more than one COMPUTER.
- You can use the images, animation, video and audio materials, included in the SOFTWARE and not publicly available, only by means of the SOFTWARE. Any other usage of these materials is prohibited.
- WEBaby may provide you with support services related to the 'SOFTWARE ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE and subject to the terms and conditions of this EULA.
- To get the support services you must enter your registration information during the SOFTWARE installation.
3. TERMINATION. Your license is effective upon your acceptance of this EULA and installing the SOFTWARE. You may terminate this EULA at any time by destroying the SOFTWARE together with all copies. WEBaby may terminate this EULA if you fail to comply with the terms of this EULA. Upon termination, for any reason whatsoever, you must destroy all copies of the SOFTWARE and all of its component parts in any form in your possession or under your control.
4. COPYRIGHT. All title and copyrights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music and text, incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, are owned by WEBaby or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE 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. If this SOFTWARE 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.
5. U.S. GOVERNMENT RESTRICTED RIGHTS. All SOFTWARE provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial rights and restrictions described elsewhere herein.
6. DISCLAIMER OF WARRANTIES. THE SOFTWARE IS SUPPLIED "AS IS" AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WEBABY AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.
7. EXCLUSION OF ALL DAMAGES. To the maximum extent permitted by
applicable law, in no event shall WEBaby 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 or the provision of or failure to provide Support Services, even if WEBaby has been advised of the possibility of such damages.
8. LIMITATION AND RELEASE OF LIABILITY. To the maximum extent permitted by applicable law, in no event shall WEBaby 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 or the provision of or failure to provide Support Services, even if WEBaby has been advised of the possibility of such damages. In any case, WEBaby's entire liability under any provision of this EULA shall be limited to the amount actually paid by you for the SOFTWARE. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.
9. GOVERNING LAW. This EULA is governed by the laws of the State of Delaware, U.S.A.