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This End-User License Agreement ("EULA") is a legal agreement between you, the user (either an individual or a single entity), and «ISPsystem LLC» Developer (hereinafter «ISPsystem») for the «Control panel ISPmanager 4» software product (hereinafter Software), which includes computer software and may include associated media, printed materials, "online" or electronic documentation.
Software product is a web-interface controlling servers from a web browser.
«Software» is also all the software updates and add-ons (ISPsystem baseline).
«Documentation» is a software product counterpart that consists of printed materials and text files with the software product description.
The Agreement comes into legal force at the moment when you download this Software. This License Agreement is effective as of the Date of full payment for the License.
The rights granted under the terms of this License include any software upgrades that replace and/or supplement the original ISPsystem Software product, unless such upgrade contains a separate license. You agree to be bound by the terms of this EULA by installing, copying, or otherwise using the product. If you do not agree, do not install or use the product; you may return it to your place of purchase for a full refund.
1. Grant of license
The Product is protected by copyright and other intellectual property laws and treaties. The Product is licensed and sold.
2. Extent of license
ISPsystem gives no rights except the ones to the extent and as provided for herein.
3. Copyright
The Software is protected by copyright and other intellectual property laws and treaties. ISPsystem owns the title, copyright, and other intellectual property rights in the Software.
ISPsystem is a copyright and property rights holder of the Software (including but not limited to any images, photographs, animation, video, audio, music, text, and applets incorporated into the software product), the accompanying, printed materials and any copies of the program.
Title and intellectual property rights in and to any content displayed by or accessed through the ISPsystem Software belongs to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. This License does not grant you any rights to use such content.
Any activity that infringes terms of this Agreement violates copyright law and will be prosecuted according to the current law.
The Agreement does not accord you a right for the content access. In case the Software program has electronic documentation only, you have the right to print it. Any distribution of the documentation without preliminary ISPsystem consent, including noncommercial distribution is regarded as violation of this Agreement and entails liability, according to the current law.
4. License agreement subject-matter
You may install, use, access, display and run one copy of the Software.
All the provisions of the agreement are regarded to the Software in a whole and every its single components.
5. Description of other rights and limitations
5.1. Limitations on reverse engineering, decompilation, and disassembly. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
5.2. Limitations on component separation. The software product is licensed as a single product. Its component parts may not be separated for use on more than one computer. You are not permitted to incorporate or otherwise use the Software in any other media distributed to third parties. The publication and/or distribution of documents and/or other software which contains, includes or otherwise incorporates the Software, by way of example not limitation, on the Internet, CD-ROM or DVD requires the purchase a Special License.
5.3. Trademarks. You agree to identify the Software by trademark and the owner of the trademark in any design credits. All use of the trademark associated with the Software inures solely to the benefit of the trademark owner. No ownership right is granted by this License Agreement. ISPsystem reserves all rights not expressly granted herein.
5.4. Engineering service. You agree that ISPsystem may collect and use technical information gathered as part of the product support services provided to you, if any, related to the Software. ISPsystem may use this information solely to improve our products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you.
5.5. Software transfer. The initial user of the Software may make a one-time permanent transfer of this EULA and Software to another end user, provided the initial user retains no copies of the Software. This transfer must include all of the Software (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity). The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the Software must agree to all the EULA terms.
5.6. Termination. Without prejudice to any other rights, ISPsystem may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software and all of its component parts.
6. Upgrades
To use Software identified as an upgrade, you must first be licensed for the software identified by ISPsystem as eligible for the upgrade. After upgrading, you may no longer use the software that formed the basis for your upgrade eligibility.
The software product labeled or otherwise identified by ISPsystem as an upgrade; replaces and/or supplements the product that formed the basis for your eligibility for such upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the software product is an upgrade of a component of a package of software programs that you licensed as a single product, the software product may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.
7. Permitted License Uses and Restrictions
7.1. This License allows you to install and use one copy of the Software on a single computer at a time. You may use the copy in the manner specified below:
7.1.1. Only the software product purchaser has a license and may distribute the product to the third party. The software product distribution means the transferring of all of your license rights to the Software to another party by renting, leasing, and lending.
7.1.2. You may not run more than one copy of the Software on one or more servers. Only one software product on a single server is licensed.
7.2. Uses not permitted:
7.2.1. You may not decompile programs, data bases, and any other components of the Software;
7.2.2. You have the right to make any changes into the initial code of the Software at your discretion. On condition that further on the Software is used in compliance to this Agreement and on condition of copyright reservation. The Author is not liable for performance of this Software if you make any changes;
7.2.3. You may not use the Software against law and infringe the rules of International Law.
7.3. Your rights under this License will terminate automatically without notice from ISPsystem if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Software and destroy all copies, full or partial, of the ISPsystem Software.
8. Warranties
8.1. ISPsystem warrants the Software product versions purchased by the user only.
8.2. ISPsystem warrants the software quality under the terms specified in the documentation.
8.3. ISPsystem warrants the media on which the Software is recorded and delivered by ISPsystem to be free from defects in materials and workmanship under normal use for a period of thirty (30) days from the date of original retail purchase.
8.4. ISPsystem provides the Software and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Software, and the provision of or failure to provide support or other services, information, software, and related content through the Software or otherwise arising out of the use of the Software.
8.5. The Software is not supposed to be certificated for its further usage in the spheres demanding certification. The order of the Software usage is regulated by the current law.
9. Technical Support Terms
9.1. ISPsystem guarantees the technical support of the software product versions purchased from ISPsystem only.
9.2. Technical support means round-the-clock consultation of the user by e-mail.
9.3. The technical support regulations and its purchase conditions are presented on the ISPsystem official page: http://www.ispsystem.com
9.4. ISPsystem is not responsible for technical support regulations and conditions of the third party distributing the Software.
9.5. The user can purchase the Software technical support at extra cost.
9.6 The third party sites are not under the control of ISPsystem, and ISPsystem is not responsible for the contents of any third party sites, any links contained in third party sites, or any changes or updates to third party sites. ISPsystem is not responsible for webcasting or any other form of transmission received from any third party sites. ISPsystem is providing these links to third party sites to you only as a convenience, and the inclusion of any link does not imply an endorsement by ISPsystem of the third party site.
10. License Agreement Changing and Termination
10.1. ISPsystem reserves the right to change the Agreement at any time with 30 days prior notice to the users publishing the changes on the site.
10.2. Without prejudice to any other rights, ISPsystem may terminate this EULA if you fail to comply with the terms and conditions of this EULA
10.3. Upon the termination of this License, you shall cease all use of the Software and destroy all copies, full or partial, of the Software.
10.4. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
11. Disclaimer of Warranties
11.1. ISPsystem and its suppliers do not warrant that the Software will fit for your particular purposes and wishes. ISPsystem is not responsible for any damages whatsoever (including without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising out of the use or inability to use the Software, even if ISPsystem has been advised of the possibility of such damages.
11.2. No other oral agreement or agreement in written can alter this warranty boundaries.
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