End-User License Agreement for LiteSpeed
Software
IMPORTANT READ CAREFULLY
This End-User License Agreement ("EULA") is a legal agreement between
"You", the end user (either an individual or a single entity) and Lite
Speed Technologies Inc. a company registered in New Jersey, United
States ("LITESPEED") for a software product ("SOFTWARE PRODUCT").
YOU MUST READ THE TERMS BELOW BEFORE DOWNLOADING, INSTALLING, OR
OTHERWISE USING THE SOFTWARE PRODUCT. BY DOWNLOADING, INSTALLING, OR
USING THE SOFTWARE PRODUCT YOU AGREE TO BE AND WILL BE BOUND BY THE
TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO
NOT DOWNLOAD, INSTALL, OR USE THE SOFTWARE PRODUCT AND YOU SHOULD
DESTROY OR DELETE THE SOFTWARE PRODUCT.
1. LICENSE TO USE.
In consider of your agreement to comply with the terms and conditions
under this EULA, LITESPEED hereby grants You a non-exclusive and
nontransferable license to use the SOFTWARE PRODUCT and documentation
on a computer for which you have paid corresponding fee. You cannot use
the SOFTWARE PRODUCT for any illegal activity or to host pornographic
content.
2. COPYRIGHT AND RESTRICTIONS.
The SOFTWARE PRODUCT and the associated intellectual property is
protected by copyright laws and international treaty provisions. Title
to the SOFTWARE PRODUCT and all associated intellectual property
rights is retained by LITESPEED. Unauthorized copying or use of the
SOFTWARE PRODUCT, including any portion of the SOFTWARE PRODUCT that
has been modified, merged, or included with other software is
expressly forbidden. Unless prohibited by applicable law, you may not
modify, decompile, or reverse engineer the SOFTWARE PRODUCT.
3. NO WARRANTY.
THIS SOFTWARE PRODUCTS ARE PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT
FOR A PARTICULAR PURPOSE.
4. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL
LITESPEED BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR
CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION LOSS OF
PROFITS OR DATA, BUSINESS INTERRUPTION, OR ANY OTHER TANGIBLE OR
INTANGIBLE PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO
USE THE SOFTWARE PRODUCT OR THE PROVISION OF, EVEN IF LITESPEED HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5. TERMINATION.
This EULA shall remain in full force on the date You download, install
or otherwise use the SOFTWARE PRODUCT are and shall be effective. This
EULA will terminate immediately without notice from LITESPEED if you
fail to comply with any provision of this EULA. Upon Termination, you
must destroy all copies of the SOFTWARE PRODUCT. You may terminate this
EULA at any time by destroying all copies of the SOFTWARE PRODUCT.
6. SEVERABILITY.
If any provision of this EULA is held unenforceable, this EULA shall
remain in effect with the provision reformed to the extent necessary
to make it enforceable, unless to do so would frustrate the intent of
the parties, in which case the EULA will immediately terminate.
7. GOVERNING LAW.
This EULA shall be governed and be construed by the laws of state of
New Jersey and controlling U.S. federal law.
8. EXPORT RESTRICTIONS
The SOFTWARE PRODUCT may be subject to U.S. export laws or regulations
and/or export or import regulations in other countries. Each party
shall comply fully with all such laws and regulations to the extent
applicable and further acknowledges its responsibility to obtain such
licenses to export or import as may be required.
9. U.S. GOVERNMENT.
If any or all of the SOFTWARE PRODUCT are being acquired by or on
behalf of the U.S. Government or by a U.S. Government prime contractor
or subcontractor (at any tier), then the Government's rights in
SOFTWARE PRODUCT and accompanying documentation shall be only as set
forth in this EULA.
Copyright (c) 2002-2003 Lite Speed Technologies Inc. All rights reserved.