» version 1.5.55 - posted on 2005-11-11
EULA - End User License Agreement
END USER LICENSE AGREEMENT
WEBMASTER TOOLS, WEBMASTER TOOLS PRO (Trial Version) and WEBMASTER TOOLS PRO (Fully Licensed Version)
THIS END USER LICENSE AGREEMENT ("Agreement") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER ON BEHALF OF YOURSELF AS AN INDIVIDUAL OR ON BEHALF OF AN ENTITY AS ITS AUTHORIZED REPRESENTATIVE) AND ADRIANSOFT, Inc.. ("ADRIANSOFT Software Labs"). PLEASE READ THIS AGREEMENT CAREFULLY AND PRINT OUT A COPY FOR YOUR RECORDS. THIS AGREEMENT SUPERSEDES PREVIOUS VERSIONS.
BY CHECKING THE AGREEMENT CHECKBOX BELOW AND DOWNLOADING, INSTALLING, COPYING OR OTHERWISE USING THE ADRIANSOFT Software Labs WEBMASTER TOOLS AND/OR WEBMASTER TOOLS PRO SOFTWARE YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, CLICK ON THE "CANCEL" BUTTON AND/OR DO NOT DOWNLOAD, INSTALL, COPY OR OTHERWISE USE THE SOFTWARE.
1. SOFTWARE: As used in this Agreement, the term "Software" refers to ADRIANSOFT Software Labs - WEBMASTER TOOLS and WEBMASTER TOOLS Pro software. The term "Software" also shall include any upgrades, modified versions or updates of the Software made available to you by ADRIANSOFT Software Labs. The Software is deemed accepted by you upon download of the Software.
2. GRANT OF LICENSE: Subject to the terms of this Agreement, ADRIANSOFT Software Labs hereby grants you a perpetual, non-exclusive, non-transferable license to: (i)install the Software, (ii)use the Software for your internal use, and (iii)copy the Software for back-up or archival purposes. Notwithstanding the foregoing, you acknowledge and agree that, depending on the version of Software you select to download, certain restrictions may apply to your use of the Software and certain features of the Software ("Special Features") may be unavailable to you or available subject to certain limitations, as follows:
2.1 WEBMASTER TOOLS PRO TRIAL VERSIONS: If you select to download a free trial version of WEBMASTER TOOLS Pro software, you will be able to access the Special Features of the Software only for a limited trial period (the "Trial Period"). Unless you pay the applicable one-time license fee for the Software and install a license key (as described in Section 6 ("License Keys")), the Special Features of the Software will become inoperable and automatically expire at the end of your Trial Period. In the event that you pay the applicable license fee for the Software, your ability to access the Special Features of the Software on the number of computers for which you have paid the applicable license fee will continue perpetually, subject to the terms of this Agreement.
2.2 WEBMASTER TOOLS PRO FULLY LICENSED VERSIONS: If you select to download a fully licensed version of WEBMASTER TOOLS Pro software and pay the applicable license fee, your ability to access the Special Features of the Software on the number of computers for which you have paid the applicable license fee will continue perpetually, subject to the terms of this Agreement.
3. SUBSCRIPTION SERVICES: If you select to download WEBMASTER TOOLS Pro software (or upgrade to WEBMASTER TOOLS Pro if you have previously downloaded WEBMASTER TOOLS software), you may receive Subscription Services as provided in this Section. The term "Subscription Services" includes technical support and such additional services as ADRIANSOFT Software Labs may, in ADRIANSOFT Software Labs discretion, make available to you.
3.1 TECHNICAL SUPPORT. Subject to payment of the applicable license fee, ADRIANSOFT Software Labs will provide you with technical support, free of charge, for a limited period commencing on your payment of such license fee. You may obtain continued technical support for a specified period of time by paying ADRIANSOFT Software Labs applicable then-current fee for Subscription Services and installing the applicable license keys, provided that such option is made available to you. All technical support is provided subject to ADRIANSOFT Software Labs then-current technical support policy, and includes such updates to the Software as ADRIANSOFT Software Labs may make generally available thereunder from time to time in ADRIANSOFT Software Labs sole discretion. In the event you are eligible to receive such updates to the Software, ADRIANSOFT Software Labs will notify you when such updates are available to be downloaded by you. All updates to the Software shall be governed by this Agreement unless other license terms are provided with the update.
3.2 ADDITIONAL SERVICES. During the time you are eligible to receive technical support, ADRIANSOFT Software Labs may, in ADRIANSOFT Software Labs sole discretion, also make certain additional web-based security services available to you. Such additional services will be provided subject to ADRIANSOFT Software Labs then-current policies regarding use of such additional services. ADRIANSOFT Software Labs reserves the right to discontinue any such additional services and/or offer new additional services at any time, without right to refund or set-off.
4. LICENSE RESTRICTIONS: You acknowledge that the foregoing license extends only to your use of the features and functionality of the Software as described in the online documentation accompanying the version of the Software downloaded by you (the "Documentation"), and you agree not to reconfigure or modify the Software in order to enable features or functionality different than those described in such Documentation or available in other ADRIANSOFT Software Labs products without notifying ADRIANSOFT Software Labs and paying the applicable Software upgrade fee. You may not: (i) reverse engineer, decompile, or disassemble the Software; (ii) modify, or create derivative works based upon, the Software in whole or in part; (iii) distribute copies of the Software; (iv) remove any proprietary notices or labels on the Software; or (v) resell, lease, rent, transfer, sublicense, or otherwise transfer rights to the Software. Any use in violation of this Section shall immediately terminate your license to the Software.
5. THIRD PARTY SOFTWARE: Certain third party software included with the Software is subject to additional terms and conditions imposed by ADRIANSOFT Software Labs third party licensor(s). Such terms and conditions are contained in the "About" pages of the Software and are deemed incorporated herein by reference. You agree to comply with all applicable terms and conditions.
6. LICENSE KEYS: You acknowledge that the Software contains a license key. If you select to download a trial or fully licensed version of the WEBMASTER TOOLS Pro software, and choose to pay the applicable license fee for the Software, ADRIANSOFT Software Labs will provide you an initial license key for installation with the Software which will enable you to (i) use the Software (including Special Features) during the term of your license and (ii) obtain certain subscription-based services ("Subscription Services") for a limited period pursuant to the terms of Section 3 ("Subscription Services"). In the event you subsequently purchase continued Subscription Services pursuant to Section 3 ("Subscription Services"bs AND ITS LICENSORS HAVE MADE NO EXPRESS WARRANTIES, ORAL OR WRITTEN, TO YOU REGARDING THE SOFTWARE AND SUBSCRIPTION SERVICES AND THAT THE SOFTWARE AND SUBSCRIPTION SERVICES ARE BEING PROVIDED TO YOU "AS IS" terms of this Agreement. No notice shall be required from ADRIANSOFT Software Labs to effect such termination. You may also terminate this Agreement at any time by notifying ADRIANSOFT Software Labs in writing of termination. Upon any termination of this Agreement, you must uninstall and destroy all copies of the Software.
11.1 SEVERABILITY. In the event of invalidity of any provision of this Agreement, the parties agree that such invalidity shall not affect the validity of the remaining portions of this Agreement.
11.2 WAIVER. No term or provision hereof will be considered waived by either party, and no breach excused by either party, unless such waiver or consent is in writing signed on behalf of the party against whom the waiver is asserted. No consent by either party to, or waiver of, a breach by either party, whether express or implied, will constitute a consent to, waiver of, or excuse of any other, different or subsequent breach by either party.
11.3 SURVIVAL. All defined terms and Sections 4 ("License Restrictions"), 5 ("Third Party Software"), 6 ("License Keys"), 7 ("Title"), 8 ("No Warranty"), 9 ("Limitation of Liability"), 10 ("Termination"), and 11 ("Miscellaneous") shall survive any termination of this Agreement.
11.4 COMPLIANCE WITH EXPORT CONTROL LAWS. You acknowledge that Software is subject to the export control laws and regulations of the United States ("U.S."agency, the U.S. Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms of this Agreement as specified in 48 C.F.R. 12.212 (Computer Software) and 12.211 (Technical Data) of the Federal Acquisition Regulations ("FAR") and its successors. If acquired by or on behalf of any agency within the Department of Defense ("DOD"), the U.S. Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms of this Agreement as specified in 48 C.F.R. 227.7202-3 of the DOD FAR Supplement ("DFAR") and its successors.
11.6 GOVERNING LAW. This Agreement will be governed by the laws of the State of California as they are applied to agreements between California residents entered into and to be performed entirely within California. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.
11.7 ENTIRE AGREEMENT. You agree that this is the entire agreement between you and ADRIANSOFT Software Labs, and that it supersedes any prior agreement, whether written or oral, and all other communications between ADRIANSOFT Software Labs and you relating to the subject matter of this Agreement. This Agreement may be amended, modified or supplemented only by a writing that is signed by the authorized representatives of both parties.
11.8 RESERVATION OF RIGHTS. All rights not expressly granted in this Agreement are reserved by ADRIANSOFT Software Labs.
(C)1998-2005 ADRIANSOFT, Inc. All rights reserved. All trademarks and/or service marks of ADRIANSOFT Software Labs used in connection with the Software (including but not limited to WEBMASTER TOOLS, ADRIANSOFT Software Labs and the ADRIANSOFT Software Labs logo) are trademarks and registered trademarks of ADRIANSOFT, Inc. in the United States and other countries. The Software is protected by Trademark & Copyright