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User License Agreement |
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By
installing the product identified above and/or
its related materials, you are accepting the following
License Agreement. Check the box "I have
read and agree to the License Agreement"
if you agree.
IMPORTANT - READ CAREFULLY: This license agreement
("LICENSE") is a legal agreement between
you (either an individual or a single entity,
also referred to as "LICENSEE", "YOU")
and Accura Technologies., ("ACCURA TECHNOLOGIES"),
for the product "Accura Technologies Site
CMS Online or any individual component included,
all of which include computer software, and may
include the software's source code written in
a high-level computer language, associated media,
printed materials, and "Browser based"
or electronic documentation (collectively referred
to as "SOFTWARE"). |
By
installing, downloading, accessing, or otherwise
using the SOFTWARE, you agree to be bound by the
terms of this LICENSE. If you do not agree to
the terms of this LICENSE, do not buy, install
or use the SOFTWARE.
This license does not apply to Internet Service
Provides (ISP). If your entity is an ISP, please,
contact the Accura Technologies sales team (sales@yoursitecms.com)
for a special ISP license agreement. |
Any
earlier license we may have granted to you for
the use of earlier versions of the SOFTWARE is
replaced by this LICENSE. The purchase of licenses,
which excludes source code, is final. |
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| SOFTWARE
PRODUCT LICENSE |
The
SOFTWARE is protected by copyright laws and international
copyright treaties, as well as other intellectual
property laws and treaties and contains confidential
information and trade secrets. The SOFTWARE is
licensed, not sold. ACCURA TECHNOLOGIES retains
ownership of the copy of the SOFTWARE in your
possession, and all copies you may be licensed
to make. ACCURA TECHNOLOGIES also retains all
rights not expressly granted to you in this LICENSE. |
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| 1.
GRANT OF LICENSE |
ACCURA
TECHNOLOGIES hereby grants to you, and you accept,
a non-exclusive, non-transferable license to install,
copy, and use the SOFTWARE only as authorized
below.
The SOFTWARE is licensed per Domain. This means
that each individual using this SOFTWARE is restricted
only to a particular domain name and must obtain
the right to do so by purchasing an individual
product license.
You are not allowed to integrate and distribute
the SOFTWARE as part of branded commercial products
meant for mass distribution. This is subject to
a redistributable license. For more information
and inquiries, please contact sales@yoursitecms.com |
You
may make copies on more than one computer, as
long as the use of the SOFTWARE is used for that
single domain. The SOFTWARE is in "use"
on a computer when it is loaded into temporary
memory (i.e. RAM) or installed into permanent
memory (e.g. hard disk or other storage devise)
of that computer for development purposes. |
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| 2.
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS |
| 1. |
You
ensure that the SOFTWARE is not distributed
in any form that allows it to be reused by
any application other than you. |
| 2. |
You
do not wrap or distribute the SOFTWARE in
a module, component, or other derivative that
can be used for development purposes on any
application, tool, environment or container. |
| 3. |
Your
END-USERS are not allowed to use the SOFTWARE
for development purposes or further redistribution
and deployment. |
| 4. |
You
are not allowed to resell, transfer, rent,
lease, or sublicense the SOFTWARE and your
associated rights. |
| 5. |
You
are not allowed to disassemble, decompile
or "unlock", decode or otherwise
reverse translate or engineer, or attempt
in any manner to reconstruct or discover any
source code or underlying algorithms of SOFTWARE
provided. |
| 6. |
You
are not allowed to use, copy, modify, or merge
copies of the SOFTWARE and any accompanying
documents except as permitted in this LICENSE. |
| 7. |
Under
no circumstances may any portion of the Software's
source code or any modified version or derivative
work of the source code be distributed, disclosed
or otherwise made available to any third party. |
| 8. |
You
may not expose, document or make public the
SOFTWARE. |
| 9. |
You
acknowledge that the SOFTWARE's source code
contains valuable and proprietary trade secrets
of ACCURA TECHNOLOGIES. All individuals employed
by or belonging to your entity agree to expend
every effort to insure its confidentiality. |
| 10. |
You
may not use the Accura Technologies product
names, logos or trademarks to market YOUR
SOFTWARE. |
| 11. |
You
agree to indemnify, hold harmless, and defend
Accura Technologies and its resellers from
and against any and all claims or lawsuits
including attorney's fees that arise or result
from the use or distribution of your software
product. |
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| 3.
DELIVERY |
ACCURA
TECHNOLOGIES shall deliver to LICENSEE a master
copy of the SOFTWARE licensed hereunder in compiled
Setup Files in electronic files only. Documentation
shall also be provided in electronic format. |
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| 4.
TERMINATION |
This
LICENSE shall last as long as you use the SOFTWARE
in compliance with this LICENSE. ACCURA TECHNOLOGIES
may terminate this LICENSE if you fail to comply
with any of the terms and conditions herein. In
such event you agree to remove and destroy all
copies of the SOFTWARE, any applicable source
code. |
ACCURA
TECHNOLOGIES reserves the right to discontinue
at any time any product, shall it be offered individually
or as a part of its product. However, ACCURA TECHNOLOGIES
is obligated to provide the proper level of support
for all discontinued products. |
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| 5.
COPYRIGHT |
All
title and copyrights in and to the SOFTWARE (including
but not limited to any images, photographs, animations,
video, audio, music, text, incorporated into the
SOFTWARE), the accompanying printed materials,
and any copies of the SOFTWARE, and any trademarks
or service marks of ACCURA TECHNOLOGIES are owned
by ACCURA TECHNOLOGIES. All title and intellectual
property rights in and to the content that may
be accessed through use of the SOFTWARE is the
property of the respective content owner and may
be protected by applicable copyright or other
intellectual property laws and treaties. This
LICENSE grants you no rights to use such content. |
| All
error corrections, bug fixes, patches, updates or
other modifications shall be the sole property of
ACCURA TECHNOLOGIES. |
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| 6.
LIMITED WARRANTY |
ACCURA
TECHNOLOGIES warrants solely that the SOFTWARE
will perform substantially in accordance with
the accompanying written materials for a period
of thirty (30) days. ACCURA TECHNOLOGIES does
not warrant the use of the SOFTWARE will be uninterrupted
or error free at all times and in all circumstances,
nor that program errors will be corrected. This
limited warranty shall not apply to any error
or failure resulting from (i) machine error, (ii)
LICENSEE's failure to follow operating instructions,
(iii) negligence or accident, or (iv) modifications
to the SOFTWARE by any person or entity other
than ACCURA TECHNOLOGIES. In the event of a breach
of warranty, LICENSEE 's sole and exclusive remedy,
is repair of all or any portion of the SOFTWARE.
If such remedy fails of its essential purpose,
LICENSEE 's sole remedy and Accura Technologies
maximum liability shall be a refund of the paid
purchase price for the defective SOFTWARE only.
This limited warranty is only valid if ACCURA
TECHNOLOGIES receives written notice of breach
of warranty within thirty days after the warranty
period expires. |
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| 8.
LIMITATION OF LIABILITY |
TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
IN NO EVENT WILL ACCURA TECHNOLOGIES BE LIABLE
FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES ARISING OUT OF THE USE OF OR INABILITY
TO USE THE PRODUCT, INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER
FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL
DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY
THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE
THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH
THE CLAIM IS BASED. IN ANY CASE, ACCURA ENTIRE
LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT
SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE
LICENSE FEES LICENSEE PAID TO ACCURA TECHNOLOGIES
FOR THE PRODUCT GIVING RISE TO SUCH DAMAGES, NOTWITHSTANDING
ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED
REMEDY, WITH THE EXCEPTION OF DEATH OR PERSONAL
INJURY CAUSED BY THE NEGLIGENCE OF ACCURA TECHNOLOGIES
TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION
OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND
LIMITATION MAY NOT BE APPLICABLE. ACCURA TECHNOLOGIES
IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT
OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY
THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY
MATERIAL LINKED THROUGH SUCH CONTENT. ANY DATA
INCLUDED IN A PRODUCT UPON SHIPMENT FROM ACCURA
TECHNOLOGIES IS FOR TESTING USE ONLY AND ACCURA
TECHNOLOGIES HEREBY DISCLAIMS ANY AND ALL LIABILITY
ARISING THEREFROM. THE EXTENT OF ACCURA LIABILITY
FOR THE LIMITED WARRANTY SECTION SHALL BE AS SET
FORTH THEREIN. |
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| 9.
MISCELLANEOUS |
This
License will be governed by the law of the Republic
of India. If any provision of this LICENSE is
to be held unenforceable, such holding will not
affect the validity of the other provisions hereof.
Failure of a party to enforce any provision of
this LICENSE shall not constitute or be construed
as a waiver of such provision or of the right
to enforce such provision. |
All
disputes, arising from this contract or related
to it, including those arising from or concerning
its interpretation, invalidity, performance or
termination, as well as the disputes for filling
gaps in this contract or its adaptation to newly
established facts, shall be referred for resolution
to the Court of Arbitration at the Indian Chamber
of Commerce and Industry in compliance with its
Rules for Litigations, based on arbitration agreements.
All disputes which arises will be dealt only inside
the frontier of Republic of India.
This License represents the entire understanding
between the parties with respect to its subject
matter. |
YOU
ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT,
THAT YOU UNDERSTAND THIS AGREEMENT, AND UNDERSTAND
THAT BY CONTINUING THE INSTALLATION OF THE SOFTWARE
PRODUCT, BY LOADING OR RUNNING THE SOFTWARE PRODUCT,
OR BY PLACING OR COPYING THE SOFTWARE ONTO YOUR
COMPUTER HARD DRIVE, YOU AGREE TO BE BOUND BY
THIS AGREEMENT'S TERMS AND CONDITIONS. YOU FURTHER
AGREE THAT, EXCEPT FOR WRITTEN SEPARATE AGREEMENTS
BETWEEN ACCURA TECHNOLOGIES AND YOU, THIS AGREEMENT
IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS
AND LIABILITIES OF THE PARTIES. |
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| Copyright
© 1998 - 2007, Accura Technologies. |
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