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ConferenceRoom License Agreement
BY USING THIS SOFTWARE, YOU ARE CONSENTING
TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT,
DO NOT USE THIS SOFTWARE AND ERASE ANY COPIES WHICH
YOU HAVE OBTAINED.
REDISTRIBUTION NOT PERMITTED
WebMaster, Incorporated (WebMaster) hereby
grants you a non-exclusive license to use its accompanying
software product (Software) contingent on your payment
of the listed license fee (your purchase price if
you acquired this software through an authorized retail
channel).
You are permitted to use the software
free of charge for one period of 30 consecutive days
for the purpose of evaluating the software for purchase.
If you are using the Software free of charge, you
will not be entitled to support or telephone assistance.
You may not: Permit other individuals
to use the Software; Modify, translate, reverse engineer,
de-compile, disassemble (except to the extent applicable
laws specifically prohibit such restriction), create
derivative works based on the Software; Copy the Software
(except for back-up purposes); Rent, lease, transfer
or otherwise transfer rights to the Software; Remove
any proprietary notices or labels on the Software,
or Use the Java client with any other non-ConferenceRoom
server.
This license does not grant you any right
to any enhancement or update.
Title, ownership rights, and intellectual
property rights in and to the Software shall remain
with WebMaster and/or its suppliers. The Software
copyright laws of the United States and international
copyright treaties protect the Software. 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 copyright or other law. This License
gives you no rights to such content.
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 WebMaster assume the entire
cost of any service and repair. In addition, the security
mechanism implemented by the Software has inherent
limitations, and you must determine that the Software
sufficiently meets your requirements. This disclaimer
of warranty constitutes an essential part of the agreement.
SOME STATES DO NOT ALLOW EXCLUSIONS
OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT
APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT
VARY FROM STATE TO STATE OR BY JURISDICTION.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL WEBMASTER
OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR
ANY OTHER 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 OTHER COMMERCIAL DAMAGES OR LOSSES. IN
NO EVENT SHALL WEBMASTER BE LIABLE FOR ANY DAMAGES
IN EXCESS OF WEBMASTER'S LIST PRICE FOR A LICENSE
TO THE SOFTWARE, EVEN IF WEBMASTER SHALL HAVE BEEN
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR
ANY CLAIM BY ANY OTHER 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.
WebMaster permits a 30-day trial of ConferenceRoom
to ensure that the server will meet the needs of your
specific application or use. It is the customer's
responsibility to ask any specific questions about
implementation or scalability or arrange for a more
extensive trial prior to requesting that a permanent
key be issued. Once a permanent key has been issued
there are no refunds and all sales are final.
ConferenceRoom licenses are keyed
to the specific email address from which they were
ordered and to which they are sent. WebMaster will
record the email address to which the key is sent
and consider that email address to be the security
contact for that key. It is the customer's responsibility
to inform us if that email address changes or is no
longer valid, otherwise we will be unable to provide
some support services.
Your license certificate is the
key to your server. This means that you must not allow
your certificate to become known by those not authorized
to administer your server. License certificates that
are found to have been publicly distributed or otherwise
compromised will be canceled and may not be used to
upgrade the product. In some circumstances we can
issue temporary certificates that will replace a canceled
certificate. This temporary issuance is solely at
the discretion of WebMaster Incorporated and WebMaster
reserves the right to charge for this replacement.
It is your responsibility to keep your license key(s)
secure to protect against the unauthorized use of
both the ConferenceRoom software and your server.
This license will terminate automatically
if you fail to comply with the limitations described
above. On termination, you must destroy all copies
of the Software.
None of the Software or underlying
information or technology may be downloaded or otherwise
exported or re-exported (i) into (or to a national
or resident of) Cuba, 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.
This agreement represents the complete
agreement 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. 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. This Agreement shall
be governed by and construed under California law
as such law applies to agreements between California
residents entered into and to be performed within
California, except as governed by Federal law. The
application the United Nations Convention of Contracts
for the International Sale of Goods is expressly excluded.
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)(1)(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.
WebMaster Incorporated
1601 Civic Center Drive, Suite 102
Santa Clara, California, 95050
© Copyright 1995-2010 WebMaster
Incorporated
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