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IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE CONTINUING WITH THE INSTALLATION PROCESS OF THE SOFTWARE ("THE SOFTWARE"). BY INSTALLING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL THE SOFTWARE.
1. License. If you have purchased a license to the Software, Web.com ("Web.com") grants you a non-exclusive right and license to use the Software and the related documentation (the "Documentation") as set forth in this Agreement. You may use the Software on a single computer. You may also use the Software on a second (portable or home) computer so long as only one copy is used at a time. You may make a single copy of the Software for backup and archival purposes only provided that any copy must contain all proprietary notices included in the original. You may use the Documentation to assist in your use of the Software. If you download the Software without physical delivery of Documentation, you may review the Documentation online, but you may not make further copies of the Documentation. You own the media on which the Software is recorded, but not the Software itself or any copy of it. This license is not a sale of the original or any copy of the Software.
If you have obtained an evaluation copy of the Software, and have not purchased a license to the Software, Web.com grants you a 30-day non-exclusive license to use the Software free of charge for the purpose of evaluating whether you wish to purchase an ongoing license for the Software. WARNING: Evaluation copies of the Software will become non-functional thirty (30) days following initial installation in your computer. Web.com disclaims all liability and responsibility for any loss of data or other information which may occur as a result thereof.
2. Copying, Transferring or Modifying Software. The Software contains copyrighted material, trade secrets and other proprietary intellectual property. You may not permit concurrent use of the Software unless each user has an applicable license. You may not permit other individuals to use the Software except under the terms listed above. For the purposes of protecting Web.com trade secrets, you may not decompile, disassemble, reverse-engineer or otherwise display the Software in human-readable form. You may not modify, translate, rent, lease, distribute or lend the Software, and you may not sell to others the right to use the Software on your computer. You may not remove any proprietary notices or labels on the Software. You may not copy, transfer, transmit, sublicense or assign this license or the Software except as expressly permitted in this Agreement. You agree that the terms of this paragraph apply to the Software or any portion thereof, whether owned by Web.com or Web.com' licensors, including without limitation NetCarta Corporation.
3. License to Use Content. All artwork, graphics, icons, media and other files contained in the Software, including without limitation Sample Sites, Templates (AutoSites, Forms, Pages), SiteStyles, Sample Content and Extras (collectively, the "Content"), are copyrighted material owned by Web.com or its licensors. Web.com grants you a non-exclusive right and license to: (i) incorporate object code copies of the Content into your own works created using the Software in accordance with the Documentation, such as your own web site or a web site you design for someone else (the "User Works"); (ii) duplicate the Content to the extent it is embedded in the User Works, in object code form only; (iii) and distribute or display the Content to the extent it is embedded in the User Works, in object code form only. You have no right to, and agree not to, duplicate, distribute, display or use the Content or any portion thereof (whether on a web site or through any other medium, and whether separately or as part of another product or work), other than as embedded in the User Works created using the Software and as set forth in this Agreement.
4. Term. If you have purchased a license to the Software, this Agreement and license are effective from the time you accept the terms of this Agreement until this Agreement is terminated. You may terminate this Agreement at any time by destroying all copies of the Software. This Agreement will terminate immediately and without further notice if you fail to comply with any provision of this Agreement. All obligations of confidentiality and restrictions on use, and all other provisions that may reasonably be interpreted to survive termination of this Agreement, will survive termination of this Agreement for any reason. Upon termination, you agree to destroy all copies of the Software. If you have obtained an evaluation copy of the Software, and have not purchased a license to the Software, this Agreement and license are effective for a period of thirty (30) days from the date of installation of the Software.
5. Limited Warranty. If you have purchased a license to the Software, and if the Software is delivered using a computer storage media such as a CD ROM or diskette, Web.com warrants that the media on which the Software is furnished will be free from defects in materials and workmanship under normal use for ninety (90) days from the date you received the Software, as shown by your receipt. This warranty is limited to you and is not transferable. This warranty does not cover damage caused by improper use or neglect. Web.com' entire liability and your exclusive remedy shall be, at Web.com' option (i) to replace the defective media; (ii) to advise you how to achieve substantially the same functionality with the Software as described in the Documentation through a procedure different from that set forth in the Documentation; or (iii) to refund the license fee you paid for the Software. If you have obtained an evaluation copy of the Software, and have not purchased a license to the Software, Web.com makes no warranties of any kind with respect to the media (if any) on which the Software is furnished, and such media is provided "as is" and without warranties of any kind.
6. Warranty Disclaimers. THE SOFTWARE, THE DOCUMENTATION AND (EXCEPT AS PROVIDED IN SECTION 5) THE MEDIA UPON WHICH THE SOFTWARE IS RECORDED (IF ANY) ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE AND THE DOCUMENTATION IS WITH YOU. SHOULD THE SOFTWARE OR THE DOCUMENTATION PROVES DEFECTIVE, YOU (AND NOT Web.com OR ITS DISTRIBUTORS, LICENSORS OR DEALERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.
Web.com DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR OPERATE IN THE COMBINATION THAT YOU MAY SELECT FOR USE, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN STATEMENT BY Web.com OR BY A REPRESENTATIVE OF Web.com SHALL CREATE A WARRANTY OR INCREASE THE SCOPE OF THIS WARRANTY.
Web.com DOES NOT WARRANT THE SOFTWARE AGAINST INFRINGEMENT OR THE LIKE WITH RESPECT TO ANY COPYRIGHT, PATENT, TRADE SECRET, TRADEMARK OR OTHER PROPRIETARY RIGHT OF ANY THIRD PARTY AND DOES NOT WARRANT THAT THE SOFTWARE DOES NOT INCLUDE ANY VIRUS, SOFTWARE ROUTINE OR OTHER SOFTWARE DESIGNATED TO PERMIT UNAUTHORIZED ACCESS, TO DISABLE, ERASE OR OTHERWISE HARM SOFTWARE, HARDWARE OR DATA, OR TO PERFORM ANY OTHER SUCH ACTIONS.
Notwithstanding the above, you may have certain warranty rights which vary from state to state and which cannot be disclaimed by contract. Any warranties that by law survive the foregoing disclaimers shall terminate ninety (90) days from the date you received the Software as shown by your receipt. Some states do not allow limitations on how long an implied warranty lasts, so the foregoing limitation may not apply to you if prohibited by law.
7. Pre-release Product Additional Terms. If the product you have received with this license is pre-commercial release ("Pre-release Software"), then the following Section applies. To the extent that any provision in this Section is in conflict with any other term or condition in this Agreement, this Section shall supercede such other term(s) and condition(s) with respect to the Pre-release Software, but only to the extent necessary to resolve the conflict. You acknowledge that the Software is a pre-release version, does not represent final product from Web.com, and may contain bugs, errors and other problems that could cause system or other failures and data loss. Consequently, the Pre-release Software is provided to you "AS-IS", and Web.com disclaims any warranty or liability obligations to you of any kind. WHERE LEGAL LIABILITY CANNOT BE EXCLUDED FOR PRE-RELEASE SOFTWARE, BUT IT MAY BE LIMITED, Web.com 'S LIABILITY AND THAT OF ITS SUPPLIERS SHALL BE LIMITED TO THE SUM OF FIVE DOLLARS (U.S. $5.) IN TOTAL. You acknowledge that Web.com has not promised or guaranteed to you that Pre-release Software will be announced or made available to anyone in the future, that Web.com has no express or implied obligation to you to announce or introduce the Pre-release Software and that Web.com may not introduce a product similar to or compatible with the Pre-release Software. Accordingly, you acknowledge that any research or development that you perform regarding the Pre-release Software or any product associated with the Pre-release Software is done entirely at your own risk. During the term of this Agreement, if requested by Web.com, you will provide feedback to Web.com regarding testing and use of the Pre-release Software, including error or bug reports. You agree that you may not and certify that you will not sublicense, lease, loan, rent, or transfer the Pre-release Software. Upon receipt of a later unreleased version of the Pre-release Software or release by Web.com of a publicly released commercial version of the Software, whether as a stand-alone product or as part of a larger product, you agree to return or destroy all earlier Pre-release Software received from Web.com and to abide by the terms of the End User License Agreement for any such later versions of the Pre-release Software. Notwithstanding anything in this Section to the contrary, if you are located outside the United States of America, you agree that you will return or destroy all unreleased versions of the Pre-release Software within thirty (30) days of the completion of your testing of the Software when such date is earlier than the date for Web.com 's first commercial shipment of the publicly released (commercial) Software.
8. Limitation of Liability. YOUR SOLE REMEDIES AND Web.com' ENTIRE LIABILITY ARE SET FORTH ABOVE. IN NO EVENT WILL Web.com OR ITS DISTRIBUTORS OR DEALERS BY LIABLE FOR DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THE SOFTWARE, THE INABILITY TO USE THE SOFTWARE, OR ANY DEFECT IN THE SOFTWARE, INCLUDING ANY LOST PROFITS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL Web.com' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT YOU PAID FOR THIS PRODUCT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF RELIEF, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree that Web.com and its distributors and dealers will not be liable for defense or indemnity with respect to any claim against you by any third party arising from your possession or use of the Software or the Documentation.
9. Export Control Laws. You agree to comply with all laws, rules and regulations applicable to the export of the Software or the Documentation. Specifically, you shall not export, re-export or transship the Software or the Documentation, or the direct product thereof, in violation of any United States laws and regulations which may from time to time be applicable. None of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Order. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.
10. High Risk Activities. The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as online equipment control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage. Web.com and its suppliers specifically disclaim any express or implied warranty of fitness for any high risk uses listed above.
11. Government Restricted Rights. The Software has been developed at private expense and is "commercial computer software" or "restricted computer software" within the meaning of the FARs, the DFARs, and any other similar regulations relating to government acquisition of computer software. Nothing contained herein will be deemed to grant any government agency any license or other rights greater than are mandated by statute or regulation for commercial computer software developed entirely at private expense.
12. Governing Law and Interpretation. This Agreement shall be interpreted under and governed by the laws of the State of Florida, without regard to its rules governing the conflict of laws. If any provision of this Agreement is held illegal or unenforceable by a court or tribunal of competent jurisdiction, the remaining provisions of this Agreement shall remain in effect and the invalid provision deemed modified to the least degree necessary to remedy such invalidity.
13. Entire Agreement. This Agreement is the complete agreement between Web.com and you and supersedes all prior agreements, oral or written, with respect to the subject matter hereof. If you have any questions concerning this Agreement, you may write to Web.com, Customer Service, 12808 Gran Bay Parkway, West, Jacksonville, Florida 32258.
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