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VERSION HISTORY
- Version 1.03 posted on 2008-02-03
Program Details
- Category: System Utilities > Other
- Publisher: Web Speed Accelerator
- License: Free Trial
- Price: $19.95
- Version: 1.03
- Platform: windows
EULA
TERMS AND CONDITIONS OF USE OF WEBSPEEDACCELERATOR.COM SOFTWARE ("AGREEMENT") PLEASE READ THE FOLLOWING AGREEMENT WHICH GOVERNS YOUR USE OF THE JET SPY LIGHT ("SOFTWARE"). IF YOU AGREE TO THE TERMS AND CONDITIONS, CLICK ON THE LINK MARKED "I ACCEPT" BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, CLICK ON THE LINK MARKED "I DECLINE" BELOW. 1. Grant of License. By reviewing the terms and conditions set forth herein and accepting the terms and conditions set forth herein by clicking on the "I accept" link below, I, as licensee, and any and all representatives acting as a licensee herein (hereinafter "Licensee"), accept a nontransferable, nonexclusive right to use the Software as set forth herein. As used in this Agreement, "Software" means the object code version of Jet Spy Light as delivered to Licensee by Present Owner Of Record Of "WWW.WEBSPEEDACCELERATOR.COM" (hereinafter "WEBSPEEDACCELERATOR.COM") hereunder. 2. Delivery and Payment. The parties shall agree to any and all payments required by WEBSPEEDACCELERATOR.COM for use of the Software at the time of acceptance of the terms and conditions of this Agreement by Licensee. 3. Title. All right, title and interest in and to the Software and all copies thereof, including all copyrights subsisting therein, shall remain vested in WEBSPEEDACCELERATOR.COM. 4. Use of the Software. 4.1 Licensee acknowledges that this software is for use on computers using Microsoft Windows Software only. 4.2 Licensee shall not make any copies of this software, one license per computer, if you wish to install on multiple computers, additional copies must be purchased. 4.3 Licensee shall use the Software only in its original form, and shall not modify, create any derivative works from, or otherwise use the Software except as specifically permitted in this Agreement. Nor shall Licensee reverse compile, reverse engineer, disassemble, translate, or otherwise attempt to discover the structural framework of or derive the source code for the Software. 4.4 Licensee acknowledges and understands that neither this Agreement nor Licensee's rights to use the Software as a result of this Agreement may be assigned, licensed, pledged, or otherwise transferred voluntarily, by operation of law, or otherwise, without the prior written consent of WEBSPEEDACCELERATOR.COM, and any such prohibited assignment shall be null and void. Any dissolution, merger, consolidation or other reorganization of Licensee, or the sale of a controlling interest of Licensee or of a majority of its assets, shall be deemed an assignment subject to the provisions herein. 4.5 Licensee will not export or re-export the Software. Licensee may not use the Software outside of the United States without WEBSPEEDACCELERATOR.COM's prior written consent. 5. Limited Warranty. 5.1 THE SOFTWARE IS PROVIDED TO LICENSEE "AS IS" AND WITHOUT ANY WARRANTY WHATSOEVER. WEBSPEEDACCELERATOR.COM HEREBY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED AND/OR STATUTORY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY IMPLIED AND/OR STATUTORY WARRANTIES ARISING FROM THE COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE, AND LICENSEE HEREBY WAIVES ALL OTHER RIGHTS, OBLIGATIONS AND/OR WARRANTIES, AND ASSUMES ALL RISKS AND LIABILITIES IN RESPECT THEREOF. WEBSPEEDACCELERATOR.COM MAKES NO WARRANTY THAT THE OPERATION OF THE SOFTWARE WILL BE ERROR FREE OR WITHOUT INTERRUPTION. 5.2 ANY SECURITY BREACHES OR DELAYS IN DATA TRANSMISSIONS RELATED TO THE SOFTWARE ARE AT LICENSEE'S SOLE RISK, AND WEBSPEEDACCELERATOR.COM, ITS SUPPLIERS, OWNERS, AFFILIATES, AND LICENSORS HEREBY DISCLAIM ANY LIABILITY AS TO SAME. WEBSPEEDACCELERATOR.COM is not liable for any lawsuits which may arrise from the use of this software. WEBSPEEDACCELERATOR.COM has ZERO Liability towards any claim, under any theory whatsoever. WEBSPEEDACCELERATOR.COM will only be liable for the purchase price of the software license, royalties excluded. 5.3 WEBSPEEDACCELERATOR.COM is not liable for any damage caused by running the Software on any computer, even when configuration of hardware is followed. 6. Limitation of Liability. ALL CLAIMS CONCERNING PERFORMANCE OR NONPERFORMANCE OF WEBSPEEDACCELERATOR.COM SOFTWARE PURSUANT TO, OR IN ANY WAY RELATED TO, THE SUBJECT MATTER OF THIS AGREEMENT SHALL BE LIMITED TO ACTUAL DAMAGES ONLY, UP TO, BUT NOT EXCEEDING, THE AMOUNT PAID TO WEBSPEEDACCELERATOR.COM BY LICENSEE HEREUNDER FOR USE OF THE SOFTWARE. IN NO EVENT SHALL WEBSPEEDACCELERATOR.COM BE LIABLE FOR ANY LOSS OF USE, DATA OR PROFITS OR INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF WEBSPEEDACCELERATOR.COM HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE TRANSACTIONS UNDER THIS AGREEMENT MAY BE BROUGHT BY LICENSEE MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED. 7. Proprietary Rights. The Software is copyrighted material under the laws of the United States and international treaty provisions. Notwithstanding the copyright, the Software contains trade secrets and confidential information of WEBSPEEDACCELERATOR.COM. Licensee acknowledges that no copies may be made of the Software or any part thereof, except as specifically permitted herein. 8. Protection of Software. 8.1 Licensee acknowledges that WEBSPEEDACCELERATOR.COM represents that the Software and the applicable documentation and all copies thereof, regardless of the form or media in which the original or copies may exist, are the sole and exclusive property of WEBSPEEDACCELERATOR.COM. Licensee further acknowledges that WEBSPEEDACCELERATOR.COM represents that the Software and the applicable documentation, including the source and object codes, logic, and structure, constitute valuable trade secrets of WEBSPEEDACCELERATOR.COM. 8.2 Licensee agrees to hold in confidence and not directly or indirectly use, copy, reveal, report, publish, disclose, transfer, or otherwise make available any part of the Software or trade secrets of WEBSPEEDACCELERATOR.COM to any third party on any basis, or utilize any of the trade secrets for any purpose not explicitly authorized by WEBSPEEDACCELERATOR.COM at any time whatsoever. Licensee agrees to secure and protect the Software consistent with the maintenance of WEBSPEEDACCELERATOR.COM's rights in the Software, as set forth herein. Licensee further acknowledges that disclosure of the trade secrets, including the Software, contrary to the terms set forth herein, would cause substantial loss of competitive advantage and other serious injury to WEBSPEEDACCELERATOR.COM. By accepting this License, Licensee does not become the owner of the Software; WEBSPEEDACCELERATOR.COM retains all right, title and interest in and to the Software. 8.3 This section shall survive any termination or expiration of this Agreement. 9. Term and Termination. 9.1 This Agreement is effective from the date on which Licensee accepts this Agreement and shall remain in effect until terminated in accordance with the terms of this Agreement. WEBSPEEDACCELERATOR.COM reserves the right to terminate this Agreement for any reason. Notwithstanding the foregoing, this Agreement shall terminate immediately upon notice from WEBSPEEDACCELERATOR.COM if Licensee breaches any of its terms. Licensee may terminate this Agreement at any time by discontinuing use of the Software and providing notice to WEBSPEEDACCELERATOR.COM in accordance with paragraph 9.2 hereinbelow. 9.2 Upon any termination of this Agreement, Licensee shall immediately discontinue use of the Software. Also, upon termination, Licensee shall within 10 days: 1) deliver to WEBSPEEDACCELERATOR.COM the Software and all materials furnished by WEBSPEEDACCELERATOR.COM or, in the alternative, destroy all copies of the Software and materials, and 2) warrant in writing that all copies thereof have been returned to WEBSPEEDACCELERATOR.COM or have been destroyed. 10. General. 10.1 This Agreement supersedes in full all prior discussions and agreements between the parties relating to the Software, constitutes the entire Agreement between the parties relating to the Software, and may be modified or supplemented only by a written document signed by an authorized representative of each party. 10.2 Neither WEBSPEEDACCELERATOR.COM nor Licensee shall be liable for delays in any of its performance hereunder due to causes beyond its reasonable control, including, but not limited to, acts of God, strikes, inability to obtain labor or materials on time, or telecommunications failures. 10.3 No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same, or any other provisions hereof, and no waiver shall be effective unless made in writing and approved by an authorized representative of each party. 10.4 In the event that any provision of this Agreement shall be illegal or otherwise unenforceable, such provision shall be severed and the entire Agreement shall not fail on account thereof and the balance of the Agreement shall continue in full force and effect. WEBSPEEDACCELERATOR.COM reserves all rights not specifically granted herein. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT EACH AND EVERY PROVISION OF THIS AGREEMENT WHICH PROVIDES FOR A LIMITATION OF LIABILITY OR DISCLAIMER OF WARRANTIES IS INTENDED BY THE PARTIES TO BE SEVERABLE AND INDEPENDENT OF ANY OTHER PROVISION AND TO BE ENFORCED AS SUCH. 10.5 Upon reasonable prior notice, WEBSPEEDACCELERATOR.COM shall have the right to audit Licensee's use of the Software to ensure Licensee's compliance with the terms and conditions of this Agreement. 10.6 This Agreement shall be governed by the laws of the State of Delaware and shall inure to the benefit of WEBSPEEDACCELERATOR.COM's Owner Of Record, its successors and assigns. 10.7 www.WEBSPEEDACCELERATOR.COM