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License Grant
"You" means the person or company who is being licensed
to use the Software or Documentation. "We," "us"
and "our" means ASPdatabase.net.
We hereby grant you a nonexclusive license to use one copy of the
Software on one websites per License Key purchased. The Software
is "in use" on a computer when it is loaded into temporary
memory (RAM) or installed into the permanent memory of a computer-for
example, a hard disk, CD-ROM or other storage device.
Permission is also granted to you to use one copy of the Software
without a License Key on one website or one computer for a trial
period of, but not exceeding, 30 days for evaluation purposes only.
The trial period begins on the day the Software is first installed
and ends 30 days after that day.
Title
We remain the owner of all right, title and interest in the Software
and related explanatory written materials ("Documentation").
Archival or Backup Copies
You may copy the Software for back up and archival purposes, provided
that the original and each copy is kept in your possession and that
your installation and use of the Software does not exceed that allowed
in the "License Grant" section above.
Things You May Not Do
The Software and Documentation are protected by United States copyright
laws and international treaties. You must treat the Software and Documentation
like any other copyrighted material-for example, a book. You may not:
Use multiple copies of Software on one or more web servers for
different websites that exceed that allowed in the "License Grant"
section above,
copy the Software except to make archival or backup copies as
provided above,
modify or adapt the Software or merge it into another program,
reverse engineer, disassemble, decompile or make any attempt
to examine or modify the source code of the Software,
place the Software or License Key onto a server so that it is
accessible via a public network such as the Internet, or
sublicense, rent, lease or lend any portion of the Software or
Documentation.
Transfers
You may transfer all your rights to use the Software and Documentation
to another person or legal entity provided you transfer this Agreement,
the Software and Documentation, including all copies, updates and prior
versions to such person or entity and that you retain no copies, including
copies stored on computer.
Limited Warranty
We warrant that for a period of 30 days after delivery of this copy of
the Software to you:
the media on which this copy of the Software is provided to you
will be free from defects in materials and workmanship under normal use,
and
the Software will perform in substantial accordance with the
Documentation.
To the extent permitted by applicable law, THE FOREGOING LIMITED
WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS
OR IMPLIED, AND WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS,
INCLUDING ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, regardless of whether we
know or had reason to know of your particular needs. No employee,
agent, dealer or distributor of ours is authorized to modify this
limited warranty, nor to make any additional warranties.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY
TO YOU.
Limited Remedy
Our entire liability and your exclusive remedy for breach of the foregoing
warranty shall be, at our option, to either:
return the price you paid, or
repair or replace the Software or media that does
not meet the foregoing warranty if it is returned to us with a copy
of your receipt.
IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST
PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING
FROM THE USE OR THE INABILITY TO USE THE SOFTWARE (EVEN IF WE OR AN AUTHORIZED
DEALER OR DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES),
OR FOR ANY CLAIM BY ANY OTHER PARTY.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY
TO YOU.
Term and Termination
This license agreement takes effect upon your use or download of the software
and remains effective until terminated. You may terminate it at any time
by destroying all copies of the Software and Documentation in your possession.
It will also automatically terminate if you fail to comply with any term
or condition of this license agreement. You agree on termination of this
license to destroy all copies of the Software and Documentation in your
possession.
Confidentiality
The Software contains trade secrets and proprietary know-how that belong
to us and it is being made available to you in strict confidence. ANY
USE OR DISCLOSURE OF THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS OR
INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT,
MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET RIGHTS.
General Provisions
1. This written license agreement is the exclusive agreement between you
and us concerning the Software and Documentation and supersedes any prior
purchase order, communication, advertising or representation concerning
the Software.
2. This license agreement may be modified only by a writing signed by
you and us.
3. In the event of litigation between you and us concerning the Software
or Documentation, the prevailing party in the litigation will be entitled
to recover attorney fees and expenses from the other party.
4. This license agreement is governed by the laws of the State of Georgia.
5. You agree that the Software will not be downloaded, transferred, shipped
or exported into any country or used in any manner prohibited by the United
States Export Administration Act or any other export laws, restrictions
or regulations.
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