GoTryThis.com License
GoTryThis.com
Copyright (C) 2005-2006 Green Web Services
GoTryThis.com Software License Agreement
1. This is an agreement between Licensor and Licensee, who
is being licensed to use the GoTryThis Software, in the
version specified in the Licensee’s receipt (hereinafter
“Software”). Licensee is hereby granted a license to use
said Software for Licensee’s personal or business use.
Nothing contained herein is intended to grant to Licensee
any right to resell, redistribute, or give away said
Software.
2. Licensee acknowledges that this is only a limited
non-exclusive license. Licensor is and remains the owner of
all titles, rights, and interests in the Software.
3. This License permits Licensee to install the free version
and the white hat version of the Software on a single web
site. This License permits Licensee to install the black hat
version of Software on multiple domains, provided that each
domain is owned by the Licensee or Licensee’s business. With
this exception, Licensee will not make copies of the
Software or allow copies of the Software to be made by
others, unless authorized by this License Agreement.
Licensee may make copies of the Software for backup purposes
only. Licensee may not attempt to reverse-engineer the
Software or use components of the Software outside of the
Software.
4. This Software is subject to a limited warranty. Licensor
warrants that the Software will perform according to its
included documentation, and to the best of the Licensor's
knowledge, Licensee's use of this Software according to the
included documentation is not an infringement of any third
party's intellectual property rights. This limited warranty
lasts for a period of 30 days after delivery. In no event
shall we be liable for special, incidental, consequential or
punitive damages, including, without limitation, any damages
resulting from loss of profits, loss of business or loss of
goodwill arising out of or in connection with this Agreement
or the Software, whether or not we have been advised of the
possibility of such damages. In addition, our aggregate
liability arising under or with respect to this Agreement
and the Product shall in no event exceed the total license
fee paid by you under this Agreement. THE ABOVE-STATED
LIMITED WARRANTY REPLACES ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED, AND LICENSOR DISCLAIMS ALL IMPLIED WARRANTIES
INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY,
NON-INFRINGEMENT, OR OF FITNESS FOR A PARTICULAR PURPOSE.
No agent of Licensor is authorized to make any other
warranties or to modify this limited warranty. Any action
for breach of this limited warranty must be commenced within
one year of the expiration of the warranty. Because some
jurisdictions do not allow any limit on the length of an
implied warranty, the above limitation may not apply to this
Licensee. If the law does not allow disclaimer of implied
warranties, then any implied warranty is limited to 30 days
after the delivery of the Software to the Licensee. Licensee
has specific legal rights pursuant to this warranty and,
depending on Licensee's jurisdiction, may have additional
rights.
5. In case of a breach of the Limited Warranty, Licensee's
exclusive remedy is as follows: Licensee will delete all
copies of the Software. At Licensor's options, Licensor will
either send Licensee a replacement copy of the Software, at
Licensor's expense, or issue a full refund.
6. Notwithstanding the foregoing, LICENSOR IS NOT LIABLE TO
LICENSEE FOR ANY DAMAGES, INCLUDING COMPENSATORY, SPECIAL,
INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES,
CONNECTED WITH OR RESULTING FROM THIS LICENSE AGREEMENT OR
LICENSEE'S USE OF THIS SOFTWARE.
7. Licensee agrees to defend and indemnify Licensor and hold
Licensor harmless from all claims, losses, damages,
complaints, or expenses connected with or resulting from any
losses resulting from Licensee's business operations in
connection with the Software. Furthermore, Licensee accepts
all the risk, including any risk of loss, from using any
features of the Software including, but not limited to,
those considered or described as “black hat”.
8. Licensor has the right to terminate this Agreement and
Licensee's right to use this Software upon any material
breach by Licensee.
9. Upon termination of the License, Licensee agrees to
return to Licensor or to destroy all copies of the Software.
10. This License Agreement is the entire and exclusive
agreement between Licensor and Licensee regarding this
Software. This License Agreement replaces and supersedes all
prior negotiations, dealings, and agreements between
Licensor and Licensee regarding this Software.
11. This License Agreement is governed by the laws of
Ontario, Canada applicable to Ontario contracts.
12. This License Agreement is valid without Licensor's
signature. It becomes effective upon the earlier of
Licensee's electronic signature or Licensee's use of the
Software
|