To use the Web Hosting Easy™ software, please read this License Agreement carefully. If you agree with its terms and conditions, you may register and download a demo version of Web Hosting Easy™ by clicking the "I agree" button, or refuse by clicking the "Cancel" button. Web Hosting Easy™ ("the Software") is copyrighted and licensed (not sold). By downloading the
Software, you are accepting and agreeing to the terms of this License Agreement. Do not download the Software if you are not willing to be bound by the terms of this License Agreement. This License Agreement represents the entire agreement concerning the Software between you and BUDDY SYSTEM COMPUTING, INC. ("Licensor"), and it supersedes any prior proposal, representation, or understanding between the parties. 1. License Grant.
Licensor hereby grants to you, and
you accept, a nonexclusive, non-transferrable and royalty-free right to install and use the Software therein in machine-readable, object code form only, and the accompanying User Documentation, only as authorized in this License Agreement. The Software may be used only for the number of users for which you purchase a license. You agree that you will not assign, sublicense, transfer, pledge, lease, rent, or share your rights under this License Agreement 2. Restrictions.
The
Software and all copies of it are the property of Licensor, and are protected by U.S. and international copyright and intellectual property laws and treaty provisions. All rights to patents, copyrights, trademarks and trade secrets in the Software or any modifications to it shall be and remain in Licensor. You may not modify, alter, translate, reverse engineer, decompile, disassemble or create derivative works based on the Software, or remove any proprietary notices or labels that it
contains. You are permitted, however, to install the Software on more than one computer, and to make a printed copies of the User Manual. Any such copies of the User's Manual shall include Licensor's copyright and other proprietary notices. No copies of the Software or any portions thereof may be made by you or any person under your authority or control. 3. License Fees.
The license fees paid by you are paid in consideration of the licenses granted under this License
Agreement. The license fee is $1799. 4. Term.
This License Agreement is effective upon your payment of the license fees, and shall continue until terminated. You may terminate this License Agreement at any time by de-installing the Software from your computers. Licensor may terminate this
License Agreement upon the breach by you of any term hereof. Upon such termination by Licensor, you agree to deinstall the Software from your computer and to destroy all copies of the User Manual. 5. No Warranties.
Licensor has beta tested the Software and, in the course of this testing, has found the software to perform as intended. However, all beta testing has limitations. You expressly acknowledge and agree that the Software is provided "AS IS" with no
warranties or conditions, and that it may not satisfy all of your requirements or be free from defects.. LICENSOR (I) DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES AS TO THE NONINFRINGEMENT, MERCAHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE SOFTWEARE OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE; (II) SHALL IN NO EVENT BE LIABLE TO YOU OR TO ANYONE ELSE FOR LOSS, INJURY OR DAMAGE CAUSED IN WHOLE OR IN PART BY, OR FAILURES, DELAYS OR INTERRUPTIONS OF, THE
SOFTWARE; (III) SHALL IN NO EVENT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS ARISING OUT OF OR RELATING TO THE USE OR RELIANCE ON THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AFTER THE INITIAL 30-DAY TECHNICAL SUPPORT PERIOD, THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU UNLESS YOU PURCHASE TECHNICAL SUPPORT FROM LICENSOR, IN WHICH CASE
LICENSOR'S RESPONSIBILITY SHALL BE LIMITED TO PROVIDING TECHNICAL SUPPORT AS CONTAINED IN THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF WARRANTIES OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MIGHT NOT APPLY TO YOU. In addition, you agree that you have read the Web Hosting Easy return policy and agree to abide by it. 6. Limitation of Liability.
Licensor's cumulative liability to you or any other party for any
loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed the license fee paid to Licensor for the use of the Program. In no event shall Licensor be liable for any indirect, incidental, consequential, special, or exemplary damages or lost profits, even if Licensor has been advised of the possibility of such damages. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 7. Trademark.
Web Hosting Easy™ is a trademark of Licensor. No right, license, or interest to such trademark is granted under this license, and you agree that no such right, license, or interest shall be asserted by you with respect to such trademark. 8. Governing Law.
This License Agreement shall be construed and governed in accordance with the laws of the State of Ohio.
9. Costs of Litigation.
If any action is brought by either party to this License Agreement against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorney fees and expenses of litigation. 10. Severability.
Should any term of this License Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on
the remaining terms hereof. 11. No Waiver.
The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
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