End user agreement for WebPartner Toolbar
LICENSE AGREEMENT - TERMS AND CONDITIONS YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS LICENSED SOFTWARE, ALONG WITH ANY ACCOMPANYING DOCUMENTATION (THE LICENSED SOFTWARE AND ITS DOCUMENTATION WILL BE REFERRED TO HEREIN AS THE "LICENSED SOFTWARE"). WEBPARTNER MAY REQUIRE ADDITIONAL LICENSED SOFTWARE LICENSING TERMS FROM TIME TO TIME; SUCH TERMS MAY BE FOUND AT WEBPARTNER'S WEBSITE. 1. ACCEPTANCE AND AGREEMENT YOUR USE OF THE LICENSED SOFTWARE MEANS THAT YOU ACCEPT THE TERMS AND CONDITIONS OF THIS LICENSE. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, THEN WEBPARTNER IS UNWILLING TO LICENSE THE LICENSED SOFTWARE TO YOU, AND YOU ARE PROHIBITED FROM USING THE LICENSED SOFTWARE. BY INSTALLING, DOWNLOADING, COPYING, OR OTHERWISE USING THE LICENSED SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO USE THE LICENSED SOFTWARE. 2. COMMERCIAL USE GRANT WebPartner (herein the "Licensor") grants to you (herein the "Licensee") a non-exclusive and non-transferable license to use one copy of the Licensed Software installed on a single computer, in accordance with the Licensed Software documentation and so long as all Licensor required fees have been paid in full. 3. RESTRICTIONS Licensee may not (i) reverse engineer, decompile, disassemble, modify, customize, translate, or create derivative works of the Licensed Software or documentation, including translation or localization; (ii) redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the Licensed Software; (iii) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Licensed Software; or (iv) copy the Licensed Software and documentation, except for archival purposes. 4. TERMINATION Licensor may terminate this Agreement if Licensee breaches any of its terms and conditions without prejudice to any other rights. Licensee shall destroy all copies of the Licensed Software held or controlled by Licensee upon termination. 5. OWNERSHIP The Licensee does not become the holder of any intellectual property rights in the Licensed Software, by accepting this license grant. Title to and ownership of the intellectual property rights in the Licensed Software, all copies thereof, and all documentation related thereto, shall remain at all times with the Licensor. The Licensee agrees to take all steps which are reasonably necessary to protect the Licensor's ownership rights to the Licensed Software in the conduct of the Licensee's licensed commercial activity with the Licensed Software, and will not take any action to jeopardize, limit or interfere in any manner with such rights. 6. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY THIS LICENSE DOES NOT ENTITLE LICENSEE TO RECEIVE FROM LICENSOR HARD-COPY DOCUMENTATION, TECHNICAL SUPPORT, OR TELEPHONE ASSISTANCE. THE LICENSOR DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE LICENSED SOFTWARE WILL MEET THE LICENSEE'S REQUIREMENTS OR WILL OPERATE IN THE COMBINATION SELECTED BY THE LICENSEE OR THAT THE OPERATION OF THE LICENSED SOFTWARE WILL BE ERROR FREE. LICENSEE ACKNOWLEDGES AND AGREES THAT THE SOFTWARE AND DOCUMENTATION PROVIDED HEREUNDER ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED OR STATUTORY. IN NO EVENT SHALL THE LICENSOR BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR INTERRUPTION OF BUSINESS) WITH RESPECT TO, ARISING OUT OF, IN CONNECTION WITH, OR RELATED TO THIS AGREEMENT. THE LICENSOR'S LIABILITY ARISING OUT OF CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT OR ANY OTHER CLAIM AT LAW SHALL NOT EXCEED ANY FEES PAID BY THE LICENSEE FOR THE LICENSED SOFTWARE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ALLOW THE EXCLUSION OF IMPLIED WARRANTIES; IN SUCH CASES THE LIMITATION AND EXCLUSION ABOVE MAY NOT APPLY TO THE LICENSEE. FURTHERMORE THE LICENSEE ACKNOWLEDGES AND AGREES THAT THE LICENSOR IS NOT LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES WITH RESPECT TO, ARISING OUT OF, IN CONNECTION WITH, OR RELATED TO ANY THIRD PARTY SOFTWARE OR SERVICES SUPPLIED OR DISTRIBUTED BY LICENSOR TO LICENSEE IN THE EVENT THAT THE LICENSEE DECIDES TO USE SUCH THIRD PARTY SOFTWARE OR SERVICES. LICENSEE AGREES TO BE BOUND BY THE THIRD PARTY SOFTWARE LICENSE OR SERVICES AGREEMENT CONTAINED THEREIN. 7. EXPORT RESTRICTIONS Licensee agrees that it shall not directly or indirectly export the Licensed Software in contravention of any export law. 8. CONTROLLING LAW This Agreement shall be governed and construed in accordance with the laws of California. If any provision of this Agreement or the application thereof shall be invalid or unenforceable, the remainder of this Agreement shall be unaffected thereby and each remaining term or provision of this Agreement shall be valid and be enforced by the fullest extent of the law. 9. GENERAL This Agreement constitutes the entire agreement between the parties and supersedes all prior oral or written agreements, proposals or communications between the parties relating to the Licensed Software and documentation. Failure by the Licensor to exercise its rights under this Agreement, or to require strict performance of any part of this Agreement, shall not constitute a waiver of those rights or provisions, and they remain in full force and effect. If any term or provision of this Agreement or the application thereof shall be invalid or unenforceable, such term or provision shall be severed from this Agreement and the remainder of this Agreement shall be unaffected thereby and each remaining term or provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.