End user agreement for Accura Site Content Management System
By installing the product identified above and/or its related materials, you are accepting the following License Agreement. Check the box "I have read and agree to the License Agreement" if you agree.
IMPORTANT - READ CAREFULLY: This license agreement ("LICENSE") is a legal agreement between you (either an individual or a single entity, also referred to as "LICENSEE", "YOU") and Accura Technologies., ("ACCURA TECHNOLOGIES"), for the product "Accura Technologies Site CMS Online or any individual component included, all of which include computer software, and may include the software's source code written in a high-level computer language, associated media, printed materials, and "Browser based" or electronic documentation (collectively referred to as "SOFTWARE").
By installing, downloading, accessing, or otherwise using the SOFTWARE, you agree to be bound by the terms of this LICENSE. If you do not agree to the terms of this LICENSE, do not buy, install or use the SOFTWARE.
This license does not apply to Internet Service Provides (ISP). If your entity is an ISP, please, contact the Accura Technologies sales team (email@example.com) for a special ISP license agreement.
Any earlier license we may have granted to you for the use of earlier versions of the SOFTWARE is replaced by this LICENSE. The purchase of licenses, which excludes source code, is final.
SOFTWARE PRODUCT LICENSE
The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties and contains confidential information and trade secrets. The SOFTWARE is licensed, not sold. ACCURA TECHNOLOGIES retains ownership of the copy of the SOFTWARE in your possession, and all copies you may be licensed to make. ACCURA TECHNOLOGIES also retains all rights not expressly granted to you in this LICENSE.
1. GRANT OF LICENSE
ACCURA TECHNOLOGIES hereby grants to you, and you accept, a non-exclusive, non-transferable license to install, copy, and use the SOFTWARE only as authorized below.
The SOFTWARE is licensed per Domain. This means that each individual using this SOFTWARE is restricted only to a particular domain name and must obtain the right to do so by purchasing an individual product license.
You are not allowed to integrate and distribute the SOFTWARE as part of branded commercial products meant for mass distribution. This is subject to a redistributable license. For more information and inquiries, please contact firstname.lastname@example.org
You may make copies on more than one computer, as long as the use of the SOFTWARE is used for that single domain. The SOFTWARE is in "use" on a computer when it is loaded into temporary memory (i.e. RAM) or installed into permanent memory (e.g. hard disk or other storage devise) of that computer for development purposes.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
1. You ensure that the SOFTWARE is not distributed in any form that allows it to be reused by any application other than you.
2. You do not wrap or distribute the SOFTWARE in a module, component, or other derivative that can be used for development purposes on any application, tool, environment or container.
3. Your END-USERS are not allowed to use the SOFTWARE for development purposes or further redistribution and deployment.
4. You are not allowed to resell, transfer, rent, lease, or sublicense the SOFTWARE and your associated rights.
5. You are not allowed to disassemble, decompile or "unlock", decode or otherwise reverse translate or engineer, or attempt in any manner to reconstruct or discover any source code or underlying algorithms of SOFTWARE provided.
6. You are not allowed to use, copy, modify, or merge copies of the SOFTWARE and any accompanying documents except as permitted in this LICENSE.
7. Under no circumstances may any portion of the Software's source code or any modified version or derivative work of the source code be distributed, disclosed or otherwise made available to any third party.
8. You may not expose, document or make public the SOFTWARE.
9. You acknowledge that the SOFTWARE's source code contains valuable and proprietary trade secrets of ACCURA TECHNOLOGIES. All individuals employed by or belonging to your entity agree to expend every effort to insure its confidentiality.
10. You may not use the Accura Technologies product names, logos or trademarks to market YOUR SOFTWARE.
11. You agree to indemnify, hold harmless, and defend Accura Technologies and its resellers from and against any and all claims or lawsuits including attorney's fees that arise or result from the use or distribution of your software product.
ACCURA TECHNOLOGIES shall deliver to LICENSEE a master copy of the SOFTWARE licensed hereunder in compiled Setup Files in electronic files only. Documentation shall also be provided in electronic format.
This LICENSE shall last as long as you use the SOFTWARE in compliance with this LICENSE. ACCURA TECHNOLOGIES may terminate this LICENSE if you fail to comply with any of the terms and conditions herein. In such event you agree to remove and destroy all copies of the SOFTWARE, any applicable source code.
ACCURA TECHNOLOGIES reserves the right to discontinue at any time any product, shall it be offered individually or as a part of its product. However, ACCURA TECHNOLOGIES is obligated to provide the proper level of support for all discontinued products.
All title and copyrights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text, incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, and any trademarks or service marks of ACCURA TECHNOLOGIES are owned by ACCURA TECHNOLOGIES. All title and intellectual property rights in and to the content that 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 LICENSE grants you no rights to use such content.
All error corrections, bug fixes, patches, updates or other modifications shall be the sole property of ACCURA TECHNOLOGIES.
6. LIMITED WARRANTY
ACCURA TECHNOLOGIES warrants solely that the SOFTWARE will perform substantially in accordance with the accompanying written materials for a period of thirty (30) days. ACCURA TECHNOLOGIES does not warrant the use of the SOFTWARE will be uninterrupted or error free at all times and in all circumstances, nor that program errors will be corrected. This limited warranty shall not apply to any error or failure resulting from (i) machine error, (ii) LICENSEE's failure to follow operating instructions, (iii) negligence or accident, or (iv) modifications to the SOFTWARE by any person or entity other than ACCURA TECHNOLOGIES. In the event of a breach of warranty, LICENSEE 's sole and exclusive remedy, is repair of all or any portion of the SOFTWARE. If such remedy fails of its essential purpose, LICENSEE 's sole remedy and Accura Technologies maximum liability shall be a refund of the paid purchase price for the defective SOFTWARE only. This limited warranty is only valid if ACCURA TECHNOLOGIES receives written notice of breach of warranty within thirty days after the warranty period expires.
8. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ACCURA TECHNOLOGIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, ACCURA ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE LICENSE FEES LICENSEE PAID TO ACCURA TECHNOLOGIES FOR THE PRODUCT GIVING RISE TO SUCH DAMAGES, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF ACCURA TECHNOLOGIES TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. ACCURA TECHNOLOGIES IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. ANY DATA INCLUDED IN A PRODUCT UPON SHIPMENT FROM ACCURA TECHNOLOGIES IS FOR TESTING USE ONLY AND ACCURA TECHNOLOGIES HEREBY DISCLAIMS ANY AND ALL LIABILITY ARISING THEREFROM. THE EXTENT OF ACCURA LIABILITY FOR THE LIMITED WARRANTY SECTION SHALL BE AS SET FORTH THEREIN.
This License will be governed by the law of the Republic of India. If any provision of this LICENSE is to be held unenforceable, such holding will not affect the validity of the other provisions hereof. Failure of a party to enforce any provision of this LICENSE shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision.
All disputes, arising from this contract or related to it, including those arising from or concerning its interpretation, invalidity, performance or termination, as well as the disputes for filling gaps in this contract or its adaptation to newly established facts, shall be referred for resolution to the Court of Arbitration at the Indian Chamber of Commerce and Industry in compliance with its Rules for Litigations, based on arbitration agreements. All disputes which arises will be dealt only inside the frontier of Republic of India.
This License represents the entire understanding between the parties with respect to its subject matter.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION OF THE SOFTWARE PRODUCT, BY LOADING OR RUNNING THE SOFTWARE PRODUCT, OR BY PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, YOU AGREE TO BE BOUND BY THIS AGREEMENT'S TERMS AND CONDITIONS. YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN SEPARATE AGREEMENTS BETWEEN ACCURA TECHNOLOGIES AND YOU, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES.