WEBXLOO End User License Agreement
PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE USING THE PRODUCT (AS DEFINED BELOW). THIS IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND WEBXLOO LLC. BY ASSENTING ELECTRONICALLY, INSTALLING OR USING THIS PRODUCT YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. FURTHERMORE, YOU CONSENT THAT THIS PRODUCT IS BEING PURCHASED “AS-IS” AND THE RESPONSIBILITY OF ANY ENHANCEMENT, MODIFICATIONS, CHANGES OR UPGRADES WILL BE YOUR RESPONSIBILITY. If you do not agree with the terms and conditions of this Agreement, do not continue the installation process and delete or destroy all copies of the Product in your possession.
This Agreement accompanies certain product.
WEBXLOO grants you a non-exclusive license to use the Product for the agreed term and conditions indicated in this Agreement.
2. Permitted use of the PRODUCT
The Product must be installed only once and used exclusively by you or your company.
Any resale or further distribution of the Product is not allowed. By accepting the terms of this Agreement, you hereby agree to pay and purchase any additional copies of this application that are discovered installed with matching serial number or instance case that correspond to your original copy.
ANY TAMPERING OR MISUSE OF THE PRODUCT CONSTITUTES A MATERIAL BREACH OF THIS AGREEMENT AND MAY VIOLATE APPLICABLE COPYRIGHT LAWS LEADING TO LITIGATION.
3. Upgrades and updates
You will not be entitled to receive any feature or content updates, upgrades and patches of the Product unless you purchase a support package.
4. Ownership rights
The Product is the intellectual property of WEBXLOO and is protected by applicable copyright laws, international treaty provisions and other applicable laws of the country in which the Product is being used. The structure, organization and code of the Product are valuable trade secrets and confidential information of WEBXLOO. To the extent you provide any comments or suggestions about the Product to WEBXLOO, WEBXLOO shall have the right to retain and use any such comments or suggestions in our current or future products or services, without further compensation to you and without your approval of such retention or use.
Except as stated in this Agreement, your possession, installation and use of the Product does not grant you any rights or title to any intellectual property rights in the Product. All rights to the Product, including all associated copyrights, patents, trade secret rights, trademarks and other intellectual property rights, are reserved by WEBXLOO.
You may not copy or use the Product. You may not remove any proprietary notices or labels on the Product. You agree not to modify, adapt, translate, reverse engineer, decompile or disassemble the Product or otherwise attempt to discover the source code of the Product or algorithms contained therein or create any derivative works from the Product. You are not permitted to use the Product in connection with the provision of any commercial services which include processing or transferring the data of or for other persons or entities (“Data”), including cloud computing and “PRODUCT as a Service” solutions, providing storage capacities for Data; transmitting, routing of or providing connection to Data or providing information search tool services. You may not permit third parties to benefit from the use or functionality of the Product via a timesharing, service bureau or other similar arrangement. You agree to compensate and cover any expenses and lost sales review to WEBXLOO resulting from any additional copies that are illegally installed, distributed, with matching serial number to your original copy.
You may not rent, lease, sub-license, or lend the Product or any portions thereof. You may, however, transfer all your rights to use the Product to another person provided that (i) the transferee accepts the terms of this Agreement; (ii) you transfer the Product, including all copies, updates and prior versions to such person; and (iii) you retain no copies of the Product, including but not limited to copies stored on your computer. Partial transfer of your rights under this Agreement is strictly prohibited.
7. Limited warranty; disclaimers and exclusion of liability
WEBXLOO AND ITS DISTRIBUTORS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE PRODUCT. THE PRODUCT IS PROVIDED “AS IS” AND WEBXLOO AND ITS DISTRIBUTORS MAKE NO EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, DISCLAIM ANY AND ALL CONDITIONS AND WARRANTIES IMPLIED BY STATUTE, COMMON LAW OR JURISPRUDENCE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SUITABLE QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
YOU AGREE AND ACCEPT THAT, TO THE FULL EXTENT PERMITTED BY LAW, IN NO EVENT WILL WEBXLOO OR ITS DISTRIBUTORS OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES, ESPECIALLY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS OR LOST DATA, EVEN IF WEBXLOO OR ITS DISTRIBUTOR OR AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.
THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY OF WEBXLOO AND ITS DISTRIBUTORS DO NOT LIMIT POTENTIAL LIABILITY FOR DEATH, PERSONAL INJURY OR FRAUD OVER THE EXTENT PERMITTED BY APPLICABLE LAWS.
This Agreement is the entire agreement between you and WEBXLOO relating to the Product. This Agreement supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to the Product. Notwithstanding the foregoing, nothing in this Agreement will diminish any rights you may have under existing consumer protection legislation or other applicable laws in your jurisdiction that may not be waived by contract.
This Agreement will immediately terminate upon your breach of any obligation contained herein (especially your obligations in Sections 2, 5). WEBXLOO reserves the right to any other remedies available under law in the event your breach of this Agreement adversely affects WEBXLOO or its distributors or agents. The limitations of liability and disclaimers of warranty and damages contained herein shall survive termination of this Agreement. No provision hereof shall be deemed waived unless such waiver shall be in writing and signed by WEBXLOO. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.