REDISTRIBUTION NOT PERMITTED
GRANT. 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.
SOFTWARE. This license does not grant you any right to any enhancement or update.
TITLE. 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.
DISCLAIMER OF WARRANTY. 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.
LIMITATION OF LIABILITY. 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.
REFUNDS. 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.
TRANSFER. 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.
KEYS. Your license key is the key to your server. This means that you must not allow your key to become known by those not authorized to administer your server. License keys 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 keys that will replace a canceled key. This temporary issuance is solely at the discretion of WebMaster Incorporated. 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.
TERMINATION. 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.
EXPORT CONTROLS. 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.
MISCELLANEOUS. 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.
U.S. Government Restricted Rights. 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.
Publisher is WebMaster, Incorporated
1601 Civic Center Drive, Suite 102
Santa Clara, California, 95050
Telephone: 01 (408) 345-1800
© Copyright 1995-2006 WebMaster Incorporated