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This is a legal and binding agreement between you, the Customer,
and deXaweb.
By using, installing or accessing the deXaweb
web site, the Services and certain Products that are offered, as
our Customer you agree to all of the terms and conditions of this
agreement. If you do not agree to these terms, the Acceptable Use
Policy or any other Terms and Conditions posted on the deXaweb
web site, all services will be discontinued, activation of the account
will cease and your account terminated.
END
USER LICENSE AGREEMENT
LICENSE GRANT. Subject to the provisions contained
herein and payment of applicable fees, deXaweb hereby grants to
you a non-exclusive, nontransferable, license to use its accompanying
proprietary software application products offered on the deXaweb
web site ("Software",) for your own use. Such Software
is protected by the laws of the United States and international
treaties.
RESTRICTED USE. All rights not expressly granted
herein are retained by deXaweb and its licensors. Except as stated
above, this Agreement does not grant the Customer any intellectual
property rights in the Software. Customer shall not rent, lease,
transfer or sublicense the Software. Customer shall not under any
circumstances or shall Customer permit a third party to (i) decompile,
disassemble, reverse engineer or otherwise attempt to reconstruct
or discover the source code of the Software or (ii) prepare derivative
of the Software or (iii) remove any product identification, deXaweb,
trademark or other notice from the Software. Any such copy made
by you shall be subject to this Agreement and shall contain all
of deXaweb's notices regarding deXaweb's, trademarks and other proprietary
rights as contained in the Software originally provided to you.
TITLE. The Software's organization, structure,
sequence, logic, and source code are valuable to the Company. Any
and all title, ownership rights, and intellectual property rights
in and to the Software and Documentation shall remain at any and
all times in deXaweb and/or its suppliers. Title, ownership rights,
and intellectual property rights in and to the content accessed
through the Software is the property of the applicable content owner
and may be protected by applicable deXaweb or other law. This icense
does not give Customer any rights to such content.
LIMITED WARRANTY. deXaweb warrants to the Customer,
for a period of ninety (90) days from the date of this agreement,
installation of Software, or use of services, whichever is earlier,
that it will replace any defective media on which the Software is
provided and that the Software, if not modified and if properly
installed and used, will substantially conform to the material specifications
set forth in the documentation, Such warranties are for the Customer's
benefit only and are not transferable. deXaweb does not warrant
that the Software will operate error free or uninterrupted or will
meet your requirements. Except for the express warranties stated
in this section, the Software are licensed "as is" and
deXaweb specifically excludes and disclaims all warranties of merchantability,
fitness for a particular purpose, statutory noninfringement of third
party intellectual property rights and any warranty that may arise
by reason of trade usage, custom or course of dealing and Customer
hereby expressly waives any and all such warranties.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL deXaweb OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTIER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTFER COMMERCIAL DAMAGES OR LOSSES, OR FOR ANY DAMAGES IN EXCESS OF DEXAWEB'S LIST PRICE FOR A LICENSE TO THE SOFTWARE AND DOCUMENTATION, EYEN IF DEXAWEB SHALL HAVE BEEN INFORMED OF TFE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTFER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
EXPORT CONTROLS. You may not download, use or
otherwise export the Software or any underlying information or technology
except in full compliance with all United States and other applicable
laws and regulations. In particular, but without limitation, none
of the Software or underlying information or technology may be
downloaded, used or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Haiti, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or
any other 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 Deny Orders. 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.
TERMINATION. This Agreement is effective until
terminated. deXaweb may terminate this Agreement immediately if
Customer attempts to reverse engineer the Software or otherwise
violate any of the restrictive uses as described herein. Otherwise,
this Agreement may be terminated by either party for a breach of
any of its material terms, provided the non-breaching party provides
to the breaching party 30 days written notice describing such breach
and offering the breaching party an opportunity to cure. Failure
to cure a material breach within the notice period shall result
in automatic termination of this Agreement. Should this Agreement
be terminated for your material breach, Customer agrees to remove
all copies of the Software or any part of the Software from any
and all computer storage devices, and destroy the Software and all
Documentation. At deXaweb's request, Customer or any of Customer's
authorized signatory on the account, shall certify in writing to
deXaweb that all complete and partial copies of the Software and
the Documentation have been destroyed and that none remain in Customer's
possession or under its control. The provisions of this Agreement
except for the Section 1, "License Grant," shall survive.
DOMAINS. A registration/renewal transaction is final, and cannot, under any circumstances, be canceled. Please be sure that you fully understand this before you attempt any domain registrations/renewals. We have no means of retrieving money from the registry for domain years purchased through registrations/renewals, and so we cannot refund users who register/renew names in error.
MISCELLANEOUS. This Agreement represents the complete
and exclusive statement of the agreements concerning this license
between the parties and supersedes
all prior agreements and representations between them. It may be amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ACCEPTANCE OF THE TERMS SET FORTH HEREIN, AND DEXAWEB AGREES TO FURNISH THE SOFTWARE AND DOCUMENTATION ONLY UPON THESE TERMS AND NOT THOSE CONTAINED IN YOUR PURCHASE ORDER. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make. It enforceable, and such decision shall not affect the enforceability (i) of such provision under other circumstances or (ii) of the remaining provisions hereof under all circumstances. Headings shall not be considered in interpreting this Agreement. This Agreement shall be governed by and construed under the law of Ohio as such law applies to agreements between Ohio residents entered into and to be performed entirely within Ohio, except as governed by Federal Law. This Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication
or disclosure by the Government is subject to restrictions set forth
in subparagraphs (a) through
(d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(l)(ii) of the Rights in Technical Data and
Computer Software clause at DFARS 252.227-7013, and in similar clauses in the NASA FAR Supplement. Contractor / manufacturer is deXaweb, 777 Columbus Ave,
Lebanon, OH 45036
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