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VERSION HISTORY
- Version 1.0.0 posted on 2010-06-17
Program Details
- Category: Security & Privacy > Other
- Publisher: Port80 Software
- License: Free Trial
- Price: $1495.95
- Version: 1.0.0
- Platform: windows
EULA
PORT80 SOFTWARE, INC. SOFTWARE LICENSE AGREEMENT ------------------------------------------------------ PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE DOWNLOADING OR USING THE SOFTWARE. BY DOWNLOADING, INSTALLING, COPYING OR USING THE SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT DOWNLOAD, INSTALL, COPY OR USE THE SOFTWARE. TERMS AND CONDITIONS -------------------------------------------- The following terms and conditions govern your use of the software unless you have a separate written agreement with Port80 Software, Inc. ("Port80") hereby grants to you, the customer ("the Customer"), a non-exclusive and nontransferable license to use one copy of the software HTTPZIP in object code form, together with its accompanying documentation, ("the Software") on a single computer and network node, owned or leased by the Customer, at a single time. "Use" includes storing, loading, installing, executing or displaying the Software. The Customer may not modify the Software or disable any licensing or control features of the Software. For evaluation use of the Software, the License is granted, and is time-limited to thirty (30) days. Registered release is required for non-evaluation use of the Software. "Non-evaluation use" is use in a production or development environment, or generally for any purpose apart from, or in addition to, the Customer's evaluation of the quality, utility or value of the Software itself. For registered release the Customer must pay a license fee, by requesting a registration key as explained in the Software, in its installation program or in its download (electronic distribution) procedure. This License confers no title or ownership in the Software and is not a sale of any rights in the Software. Port80 is not obligated to provide, and the Customer acquires no right of any kind with respect to, any source code for the Software. Port80 retains exclusive title, ownership rights and intellectual property rights in and to the Software under the copyright laws of the United States or any other jurisdiction, including international copyright treaties, or under any federal, state, or foreign laws. The Software and any copies which this License authorizes the Customer to make are subject to this License. The Customer may make one copy of the Software in machine-readable form for backup (archival) purposes only, provided said copy contains all of the original Software's proprietary notices and/or copyright information. THE CUSTOMER MAY NOT, EITHER DIRECTLY OR THROUGH A THIRD PARTY: MODIFY, TRANSLATE, REVERSE ENGINEER, REVERSE COMPILE OR REVERSE ASSEMBLE ALL OR ANY PORTION OF THE SOFTWARE; CREATE DERIVATIVE WORKS BASED ON THE SOFTWARE; COPY THE SOFTWARE (EXCEPT AS EXPRESSLY AUTHORIZED ABOVE); RENT, LEASE, OR OTHERWISE TRANSFER RIGHTS TO THE SOFTWARE; OR REMOVE ANY PROPRIATARY NOTICES OR LABELS ON OR IN THE SOFTWARE. TERMINATION -------------------------------------------- Should the Customer fail to comply with the limitations described above, the license will terminate automatically and immediately. Upon termination, the Customer must destroy all copies of the Software. DISCLAIMER OF WARRANTY -------------------------------------------- THE SOFTWARE IS PROVIDED TO THE CUSTOMER ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS BORNE BY THE CUSTOMER. PORT80 EXPRESSLY DISCLAIMS, TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. PORT80 DOES NOT WARRANT THAT THE SOFTWARE WILL MEET THE CUSTOMER'S REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, PORT80 DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PORT80 SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, THE CUSTOMER (AND NOT PORT80) ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. NOTE: SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS. IN SUCH A CASE THE ABOVE EXCLUSION MAY NOT APPLY. NOTE: EXCEPT TO THE EXTENT ALLOWED BY LOCAL LAW, THESE WARRANTY TERMS DO NOT EXCLUDE, RESTRICT OR MODIFY, AND ARE IN ADDITION TO, THE MANDATORY STATUTORY RIGHTS APPLICABLE TO THE LICENSE OF THE SOFTWARE TO THE CUSTOMER. LIMITATION OF LIABILITY -------------------------------------------- EXCEPT TO THE EXTENT PROHIBITED BY LOCAL LAW, IN NO EVENT WILL PORT80 BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES OF ANY CHARACTER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY USED (WHETHER BASED IN WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY), ARISING OUT OF THE USE OF, OR THE INABILITY TO USE, OR THE RESULTS OF USING THE SOFTWARE, EVEN IF PORT80 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL PORT80'S LIABILITY TO THE CUSTOMER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE PRICE PAID BY THE CUSTOMER FOR THE SOFTWARE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE SOFTWARE FAILS OF ITS ESSENTIAL PURPOSE. NOTE: SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH A CASE, THIS LIMITATION MAY NOT APPLY TO THE CUSTOMER. INTELLECTUAL PROPERTY INDEMNITY -------------------------------------------- (a) Licensor shall defend and hold Licensee harmless from any claim by a third party that the Software infringes any patent, copyright or trade secret of that third party, provided: (i) Licensor is promptly notified of the claim; (ii) Licensor receives reasonable cooperation from Licensee necessary to perform Licensor's obligations hereunder; and (iii) Licensor has sole control over the defense and all negotiations for a settlement or compromise. The foregoing obligation of Licensor does not apply with respect to Software or portions or components thereof: (i) not supplied by Licensor; (ii) used in a manner not expressly authorized by this Agreement (iii) made in whole or in part in accordance with Licensee's specifications; (iv) modified by Licensee, if the alleged infringement relates to such modification; (v) combined with other products (hardware or software), processes or materials where the alleged infringement would not exist but for such combination; or (vi) where Licensee continues the allegedly infringing activity after being notified thereof and provided modifications that would have avoided the alleged infringement. COMPLETE AGREEMENT -------------------------------------------- This License constitutes the entire agreement between Port80 and the Customer with respect to the use of the Software and supersedes all prior or contemporaneous understandings, oral or written, regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Port80. This License shall be governed by and construed in accordance with the laws of the State of California, excluding that body of law applicable to choice of law and excluding the United Nations Convention on Contracts for the International Sale of Goods and any legislation implementing such Convention, if otherwise applicable. If any provision of this License is declared by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, such a provision shall be severed from the License and the other provisions shall remain in full force and effect. Exclusive jurisdiction and venue for all matters relating to this License shall be in courts and for a located in the State of California, and the Customer consents to such jurisdiction and venue. There are no third party beneficiaries of any promises or obligations of Port80 herein. Any waiver by Port80 of any violation of this License by the Customer shall not constitute, nor contribute to, a waiver by Port80 of any other or future violation of the same provision, or any other provision, of this License. PORT80 SOFTWARE, INC.