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Download WHMSubs v1.0 Software
Software License Agreement
BY CHECKING THE "I ACCEPT" BOX OR BY DOWNLOADING, INSTALLING OR USING THE SOFTWARE, THE INDIVIDUAL OR ENTITY LICENSING THE PRODUCT ("YOU") ARE CONSENTING TO BE BOUND BY AND IS BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THE CHECK BOX INDICATING "I DO NOT ACCEPT" MUST BE SELECTED, AND YOU MUST NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE.
READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE LICENSED TO YOU. THE SOFTWARE AND ANY DOCUMENTATION PROVIDED TO YOU (COLLECTIVELY THE "SOFTWARE") COVERED BY THIS AGREEMENT IS COPYRIGHTED AND IS LICENSED, NOT SOLD. THIS LICENSE REPRESENTS THE ENTIRE AGREEMENT CONCERNING ALL LICENSED SOFTWARE BETWEEN YOU AND «WEB STYLE» STUDIO, LLC ("WEBSTYLE"), AND IT SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES. BY TAKING POSSESSION OF THE SOFTWARE, YOU AND YOUR COMPANY (COLLECTIVELY "YOU" OR "LICENSEE") ARE ACCEPTING AND AGREEING TO THE TERMS OF THIS LICENSE AGREEMENT.
1. SCOPE.
You agree to take reasonable steps to keep in confidence and protect the Software from unauthorized copying or use. These steps include, without limitation, obtaining the agreement of all persons having access to the Software they will respect the terms of this License and using the Software in such a way as to prevent unauthorized copying. Licensee agrees it is fully responsible for the actions of each of its employees and agents with respect to the Software whether such individual is or was acting within the scope of his or her employment, and agrees to indemnify and save harmless WEBSTYLE from all loss and damages, however caused as a result of a breach of this license.
2. GRANT.
Subject to receipt by WEBSTYLE of the $0:00 licence fee, you are granted a non-exclusive right to use one copy of the Software only as authorized in this licence. You may use and execute one copy of the Software for your own benefit and purposes on one computer (including web server), owned, leased or controlled by you to create and manage CPanel Accounts on one web server. You may assign your right to use the Software and content to a third party provided you cease using your licenced copy of the Software and the content produced by it. You agree you understand you do not take ownership of the software but are granted usage of it.
3. RESTRICTED USE.
You may not sub-license, share, rent, or lease your right to use the Software. You also agree not to reverse engineer, decompile, modify, translate, create derivative works, modify, decipher, or disassemble the Software for any reason. You may not use the Software in a way which will result in any visible on-line notices relating to our copyright and ownership of the Software or its trademarks being invisible to an on-line user.
4. TITLE.
Title, ownership rights, and all intellectual property rights in and to all Software licensed to you, including without limitation all images, html, and text incorporated into the Software, remains with WEBSTYLE.
5. TRADEMARK/COPYRIGHT NOTICES.
All copyright notices used throughout the Software, within the scripts and within the HTML the scripts generate, must remain intact and cannot be altered and where applicable must remain visible on-line to the human eye.
6. DISCLAIMER OF WARRANTY.
The Software is provided on an "AS IS" basis, without warranty of any kind, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the Software is borne by you. Should the Software prove defective, you, and not WEBSTYLE, assume the entire cost of any service and repair. This disclaimer of warranty constitutes an essential part of the agreement.
7. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL WEBSTYLE, IT'S DIRECTORS, EMPLOYEES OR ANYONE ASSOCIATED WITH WEBSTYLE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, PUNITIVE, 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 OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL WEBSTYLE BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID TO LICENSE THE SOFTWARE, EVEN IF YOU OR ANY OTHER PARTY SHALL HAVE INFORMED WEBSTYLE OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM.
8. TERMINATION.
You agree to indemnify us for reasonable attorney fees in enforcing our rights pursuant to this licence. Upon any termination of this Agreement, you shall immediately discontinue the use of the Software and shall within ten (10) days return to WEBSTYLE all copies of the Software or confirmirmation you have destroyed all copies of it. You may terminate this Agreement at any time by destroying the Software and all copies thereof.
9. INTERPRETATION.
If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be ignored only to the extent necessary to make this license 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. Any amendment to this agreement must be in writing and signed by both parties.
10. NO WAIVER.
The failure of either party to enforce any rights granted hereunder or to take action against the other Party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
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