EULA - End User License Agreement
Website Pros, Inc.
NETOBJECTS FUSION SOFTWARE LICENSE AGREEMENT
IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE
CONTINUING WITH THE INSTALLATION PROCESS OF THE SOFTWARE
("THE SOFTWARE"). BY CLICKING ON THE "I AGREE" BUTTON,
YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, CLICK
THE "NO" OR "DECLINE" BUTTON TO TERMINATE THE INSTALLATION
PROCESS. YOU MAY THEN RETURN THE SOFTWARE TO YOUR SUPPLIER
FOR A FULL REFUND.
1. License. If you have purchased a license to the Software, Website Pros, Inc.
("Website Pros") grants you a non-exclusive right and license to use the Software
and the related documentation (the "Documentation") as set forth in this Agreement.
You may use the Software on a single computer. You may also use the Software on a
second (portable or home) computer so long as only one copy is used at a time. You
may make a single copy of the Software for backup and archival purposes only
provided that any copy must contain all proprietary notices included in the
original. You may use the Documentation to assist in your use of the Software.
If you download the Software without physical delivery of Documentation, you may
review the Documentation online, but you may not make further copies of the
Documentation. You own the media on which the Software is recorded, but not the
Software itself or any copy of it. This license is not a sale of the original or
any copy of the Software.
If you have obtained an evaluation copy of the Software, and have not purchased a
license to the Software, Website Pros grants you a 30-day non-exclusive license to
use the Software free of charge for the purpose of evaluating whether you wish to
purchase an ongoing license for the Software. WARNING: Evaluation copies of the
Software will become non-functional thirty (30) days following initial installation
in your computer. Website Pros disclaims all liability and responsibility for any
loss of data or other information which may occur as a result thereof.
2. Copying, Transferring or Modifying Software. The Software contains copyrighted
material, trade secrets and other proprietary intellectual property. You may not
permit concurrent use of the Software unless each user has an applicable license.
You may not permit other individuals to use the Software except under the terms
listed above. For the purposes of protecting Website Pros trade secrets, you may
not decompile, disassemble, reverse-engineer or otherwise display the Software in
human-readable form. You may not modify, translate, rent, lease, distribute or
lend the Software, and you may not sell to others the right to use the Software on
your computer. You may not remove any proprietary notices or labels on the Software.
You may not copy, transfer, transmit, sublicense or assign this license or the
Software except as expressly permitted in this Agreement. You agree that the terms
of this paragraph apply to the Software or any portion thereof, whether owned by
Website Pros or Website Pros' licensors, including without limitation NetCarta
3. License to Use Content. All artwork, graphics, icons, media and other files
contained in the Software, including without limitation Sample Sites, Templates
(AutoSites, Forms, Pages), SiteStyles, Sample Content and Extras (collectively,
the "Content"), are copyrighted material owned by Website Pros or its licensors.
Website Pros grants you a non-exclusive right and license to: (i) incorporate object
code copies of the Content into your own works created using the Software in
accordance with the Documentation, such as your own web site or a web site you
design for someone else (the "User Works"); (ii) duplicate the Content to the
extent it is embedded in the User Works, in object code form only; (iii) and
distribute or display the Content to the extent it is embedded in the User
Works, in object code form only. You have no right to, and agree not to,
duplicate, distribute, display or use the Content or any portion thereof
(whether on a web site or through any other medium, and whether separately or
as part of another product or work), other than as embedded in the User Works
created using the Software and as set forth in this Agreement.
This product contains Adobe Flash Player software by Adobe Systems Incorporated,
Copyright 1995-2006 Adobe Macromedia Software LLC. All rights reserved. Adobe
and Flash are trademarks of Adobe Systems Incorporated.
4. Term. If you have purchased a license to the Software, this Agreement and license
are effective from the time you accept the terms of this Agreement until this Agreement
is terminated. You may terminate this Agreement at any time by destroying all copies of
the Software. This Agreement will terminate immediately and without further notice if
you fail to comply with any provision of this Agreement. All obligations of
confidentiality and restrictions on use, and all other provisions that may reasonably
be interpreted to survive termination of this Agreement, will survive termination of
this Agreement for any reason. Upon termination, you agree to destroy all copies of the
Software. If you have obtained an evaluation copy of the Software, and have not
purchased a license to the Software, this Agreement and license are effective for a
period of thirty (30) days from the date of installation of the Software.
5. Limited Warranty. If you have purchased a license to the Software, and if the
Software is delivered using a computer storage media such as a CD ROM or diskette,
Website Pros warrants that the media on which the Software is furnished will be free
from defects in materials and workmanship under normal use for ninety (90) days from
the date you received the Software, as shown by your receipt. This warranty is limited
to you and is not transferable. This warranty does not cover damage caused by improper
use or neglect. Website Pros' entire liability and your exclusive remedy shall be, at
Website Pros' option (i) to replace the defective media; (ii) to advise you how to
achieve substantially the same functionality with the Software as described in the
Documentation through a procedure different from that set forth in the Documentation;
or (iii) to refund the license fee you paid for the Software. If you have obtained an
evaluation copy of the Software, and have not purchased a license to the Software,
Website Pros makes no warranties of any kind with respect to the media (if any) on
which the Software is furnished, and such media is provided "as is" and without
warranties of any kind.
6. Warranty Disclaimers. THE SOFTWARE, THE DOCUMENTATION
AND (EXCEPT AS PROVIDED IN SECTION 5) THE MEDIA UPON WHICH
THE SOFTWARE IS RECORDED (IF ANY) ARE PROVIDED "AS IS" AND
WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO
THE QUALITY AND PERFORMANCE OF THE SOFTWARE AND THE
DOCUMENTATION IS WITH YOU. SHOULD THE SOFTWARE OR THE
DOCUMENTATION PROVES DEFECTIVE, YOU (AND NOT WEBSITE
PROS OR ITS DISTRIBUTORS, LICENSORS OR DEALERS) ASSUME
THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.
WEBSITE PROS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED
IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR OPERATE IN
THE COMBINATION THAT YOU MAY SELECT FOR USE, THAT THE
OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR
FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
NO ORAL OR WRITTEN STATEMENT BY WEBSITE PROS OR BY A
REPRESENTATIVE OF WEBSITE PROS SHALL CREATE A WARRANTY OR
INCREASE THE SCOPE OF THIS WARRANTY.
WEBSITE PROS DOES NOT WARRANT THE SOFTWARE AGAINST
INFRINGEMENT OR THE LIKE WITH RESPECT TO ANY COPYRIGHT,
PATENT, TRADE SECRET, TRADEMARK OR OTHER PROPRIETARY
RIGHT OF ANY THIRD PARTY AND DOES NOT WARRANT THAT
THE SOFTWARE DOES NOT INCLUDE ANY VIRUS, SOFTWARE
ROUTINE OR OTHER SOFTWARE DESIGNATED TO PERMIT
UNAUTHORIZED ACCESS, TO DISABLE, ERASE OR OTHERWISE
HARM SOFTWARE, HARDWARE OR DATA, OR TO PERFORM ANY
OTHER SUCH ACTIONS.
Notwithstanding the above, you may have certain warranty rights which vary from state
to state and which cannot be disclaimed by contract. Any warranties that by law survive
the foregoing disclaimers shall terminate ninety (90) days from the date you received
the Software as shown by your receipt. Some states do not allow limitations on how long
an implied warranty lasts, so the foregoing limitation may not apply to you if prohibited
7. Pre-release Product Additional Terms. If the product you have received with this license
is pre-commercial release ("Pre-release Software"), then the following Section applies.
To the extent that any provision in this Section is in conflict with any other term or
condition in this Agreement, this Section shall supercede such other term(s) and condition(s)
with respect to the Pre-release Software, but only to the extent necessary to resolve the
conflict. You acknowledge that the Software is a pre-release version, does not represent final
product from Website Pros, and may contain bugs, errors and other problems that could cause
system or other failures and data loss. Consequently, the Pre-release Software is provided to
you "AS-IS", and Website Pros disclaims any warranty or liability obligations to you of any kind.
WHERE LEGAL LIABILITY CANNOT BE EXCLUDED FOR PRE-RELEASE SOFTWARE, BUT IT MAY BE LIMITED,
WEBSITE PROS 'S LIABILITY AND THAT OF ITS SUPPLIERS SHALL BE LIMITED TO THE SUM OF FIVE DOLLARS
(U.S. $5.) IN TOTAL. You acknowledge that Website Pros has not promised or guaranteed to you that
Pre-release Software will be announced or made available to anyone in the future, that Website Pros
has no express or implied obligation to you to announce or introduce the Pre-release Software and
that Website Pros may not introduce a product similar to or compatible with the Pre-release Software.
Accordingly, you acknowledge that any research or development that you perform regarding the
Pre-release Software or any product associated with the Pre-release Software is done entirely at your
own risk. During the term of this Agreement, if requested by Website Pros, you will provide feedback
to Website Pros regarding testing and use of the Pre-release Software, including error or bug reports.
You agree that you may not and certify that you will not sublicense, lease, loan, rent, or transfer the
Pre-release Software. Upon receipt of a later unreleased version of the Pre-release Software or
release by Website Pros of a publicly released commercial version of the Software, whether as a
stand-alone product or as part of a larger product, you agree to return or destroy all earlier
Pre-release Software received from Website Pros and to abide by the terms of the End User License Agreement
for any such later versions of the Pre-release Software. Notwithstanding anything in this Section to
the contrary, if you are located outside the United States of America, you agree that you will return
or destroy all unreleased versions of the Pre-release Software within thirty (30) days of the completion
of your testing of the Software when such date is earlier than the date for Website Pros 's first
commercial shipment of the publicly released (commercial) Software.
8. Limitation of Liability. YOUR SOLE REMEDIES AND
WEBSITE PROS' ENTIRE LIABILITY ARE SET FORTH ABOVE.
IN NO EVENT WILL WEBSITE PROS OR ITS DISTRIBUTORS OR
DEALERS BY LIABLE FOR DIRECT, INDIRECT, INCIDENTAL OR
CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THE
SOFTWARE, THE INABILITY TO USE THE SOFTWARE, OR ANY
DEFECT IN THE SOFTWARE, INCLUDING ANY LOST PROFITS,
EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE. IN NO EVENT WILL WEBSITE PROS' TOTAL
LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES
OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING
NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT YOU PAID
FOR THIS PRODUCT. SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF RELIEF, INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU.
You agree that Website Pros and its distributors and dealers will not be liable for
defense or indemnity with respect to any claim against you by any third party arising
from your possession or use of the Software or the Documentation.
9. Export Control Laws. You agree to comply with all laws, rules and regulations
applicable to the export of the Software or the Documentation. Specifically, you
shall not export, re-export or transship the Software or the Documentation, or the
direct product thereof, in violation of any United States laws and regulations which
may from time to time be applicable. None of the Software or underlying information
or technology may be downloaded or otherwise exported or re-exported (i) into any
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 Denial Order. 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.
10. High Risk Activities. The Software is not fault-tolerant and is not designed,
manufactured or intended for use or resale as online equipment control equipment in
hazardous environments requiring fail-safe performance, such as in the operation of
nuclear facilities, aircraft navigation or communication systems, air traffic control,
direct life support machines, or weapons systems, in which the failure of the Software
could lead directly to death, personal injury, or severe physical or environmental
damage. Website Pros and its suppliers specifically disclaim any express or implied
warranty of fitness for any high risk uses listed above.
11. Government Restricted Rights. The Software has been developed at private
expense and is "commercial computer software" or "restricted computer software"
within the meaning of the FARs, the DFARs, and any other similar regulations
relating to government acquisition of computer software. Nothing contained herein
will be deemed to grant any government agency any license or other rights greater
than are mandated by statute or regulation for commercial computer software
developed entirely at private expense.
12. Governing Law and Interpretation. This Agreement shall be interpreted under and
governed by the laws of the State of Florida, without regard to its rules governing
the conflict of laws. If any provision of this Agreement is held illegal or unenforceable
by a court or tribunal of competent jurisdiction, the remaining provisions of this
Agreement shall remain in effect and the invalid provision deemed modified to the least
degree necessary to remedy such invalidity.
13. Entire Agreement. This Agreement is the complete agreement between Website Pros
and you and supersedes all prior agreements, oral or written, with respect to the
subject matter hereof. If you have any questions concerning this Agreement, you may
write to Website Pros, Inc., Customer Service, 12735 Gran Bay Parkway, West,
Bldg 200, Jacksonville, Florida 32258.