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What are the terms of your license? SYMPTOMS License Terms End User License Agreement SOLUTION exoGameControl .:. Game Server Control Panel Software End User License Agreement ------------------------------------------------- CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS WITHIN THIS LICENSE AGREEMENT. BY INSTALLING OR USING THE EXOGAMECTL CONTROL PANEL, YOU INDICATE THE ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS AND YOU AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE EXOGAMECTL CONTROL PANEL. PLEASE DO NOT PURCHASE THE SOFTWARE IF YOU DO NOT AGREE TO THIS LICENSE AGREEMENT. SINGLE IDENTITY COMPANY/ORGANIZATIONAL/PERSONAL Webmaint Limited Notice to User: This End User License Agreement (EULA) is a CONTRACT between you (either an individual or a single entity) and Webmaint Limited, which covers your use of the Webmaint Limited software product that accompanies this EULA and related software components which may include but is not limited to associated media, printed materials, and "online" or electronic documentation. All such software and materials are referred to herein as the "Software Product". A software license, issued to a designated user only by Webmaint Limited or its authorized agents, is required for each user of the Software Product. If you do not agree to the terms of this EULA, then do not install or use the Software Product or the Software Product License. By explicitly accepting this EULA, however, or by installing, copying, downloading, accessing, or otherwise using the Software Product and/or Software Product License, you are acknowledging and agreeing to be bound by the following terms: 1. GRANT OF NON-EXCLUSIVE LICENSE. (a) Software Product License. The Software Product License, which is issued to a designated user, enables such designated user to use the Software Product on a single domain name / computer system. Each user on a multi-user computer system who uses the Software Product requires an additional Software Product License. You may not modify or create derivative copies of the Software Product License. (b) Grant of License. Subject to a validly issued Software Product License, Webmaint Limited grants to you the non-exclusive, non-transferable right for you to use the Software Product on a single computer running a validly licensed copy of the operating system for which the Software Product was designed. You may not modify or create derivative copies of the Software Product. All rights not expressly granted to you are retained by Webmaint Limited. (c) Backup Copy: Software Product. You may make copies of Software Product as reasonably necessary for the use authorized above, including as needed for backup and/or archival purposes. No other copies may be made. Each copy must reproduce all copyright and other proprietary rights notices on or in the Software Product. (d) Backup Copy: Software Product License. You may install each Software Product License on a single domain/computer system and make copies of the Software Product License as necessary only for backup and/or archival purposes. No other copies may be made. Each copy must reproduce all copyright and other proprietary rights notices on or in the Software Product License. 2. INTELLECTUAL PROPERTY RIGHTS RESERVED BY WEBMAINT LIMITIED. The Software Product is protected by U.S. and international copyright laws and treaties, as well as other intellectual property laws and treaties. You must not remove or alter any copyright notices on any copies of the Software Product. You may not copy the Software for DISTRIBUTION or RESELL in any way. You may not copy any written materials accompanying the Software without express written authorization from Webmaint Limited. All copies of the Software Product, in its original or altered state, MUST be in the possession of the by REGISTERED LICENSED company, organization or personal identity of the Software. Proofs of infringement of copyright violations include but not limited to similar code style and structures, similar layout and design, similar database design, and containing parts of the original Software source code. YOU MAY NOT REMOVE THE ORIGINAL WEBMAINT LIMITED COPYRIGHT NOTICE FROM THE SOURCE CODES OF THE SOFTWARE PRODUCT. Modification of the software is granted for source code license holders, but removing the copyright notice is PROHIBITED. You may display your code contribution copyright notice in conjunction with Webmaint Limited original copyright mark, BUT YOU MUST CLEARLY DISTINGUISH YOUR MODIFICATIONS FROM THAT OF WEBMAINT LIMITED'S ORIGINAL SOURCE CODE. This Software Product copy is licensed, not sold. Furthermore, this EULA does not grant you any rights in connection with any trademarks or service marks of Webmaint Limited. Webmaint Limited reserves all intellectual property rights, including copyrights, and trademark rights. 3. TRADEMARKS. The trademarks, logos and service marks ("Marks") displayed on this Site; Software and any accompanying written materials are the property of Webmaint Limited or other third parties. You are not permitted to use the Marks without the prior written consent of Webmaint Limited or such third party that may own the Marks. 4. NO RIGHT TO TRANSFER. You may not rent, lease, lend, or in any way distribute or transfer any rights in this EULA or the Software Product to third parties without Webmaint Limited's written approval and subject to written agreement by the recipient of the terms of this EULA. 5. ANALYSIS / REVERSE ENGINEERING / MODIFICATION / DECOMPILATION, AND DISASSEMBLY. Except insofar as the user is permitted to do so in accordance with applicable law: Any analysis of the program, embedded data or license files means and by any entity whether human or otherwise and including but without limitation to discover details of internal operation, to reverse engineer, to de-compile object code, or to modify for the purposes of modifying behaviour is forbidden. Any analysis of encoded files by any means and by any entity whether human or otherwise and including but without limitation to discover details of file format or modification for the purposes of modifying behaviour or scope of their usage is forbidden. 6. FEES AND PAYMENT. (a) Fees and Payment Obligation Please carefully review and consider the price list before purchasing any products covered by this Agreement. Webmaint Limited reserves the right to change our prices at any time. We will post all price changes on our Site. Your acceptance of this Agreement indicates consent to the published prices. By accepting this agreement, you consent to pay all fees and costs that You incur. Failure to pay timely and in full constitutes a material breach of this Agreement. (b) License Renewal Upon 1 year AFTER the initial software purchase date, an annual Software Product License renewal fee (posted on the website and subject to change without notice) may be issued for your continued usage of the Software Product, depending on your license type, for the following year. Your license will need to be renewed on regular yearly basis for continue Software usage. Failure to renew will result in termination of this license and you will be subject to the termination guidelines set forth on section 8 of this agreement. Failure to comply will result in legal actions. (c) Method of Payment i. Payment Webmaint Limited requires a credit card transaction, wire transfer, or a mailed check prior to obtaining the Software Product and Software Product License. Webmaint Limited will allow You to download or issues a release of purchased Software Product and Software Product License 1-5 business days upon receiving authorization from Your account holder. ii. Refunds Refunds are based on Software Product failure, NOT server issues or lack of features. Refunds are provided ONLY AFTER our technical support staff has assisted in your installation and the Software Product fails to function fully. Webmaint Limited will determine if a refund is necessary based on individual situations. If refund is provided you MUST follow the termination guidelines detailed on Section 8 of this License Agreement. REFUNDS ARE NOT AVAILABLE AFTER 1 MONTH FROM PURCHASE DATE. REFUNDS ARE NOT PROVIDED if a client has NOT fully evaluated the Software Product demo or the Software trial prior to purchase. 7. SUPPORT SERVICES. Webmaint Limited may provide you with support services related to the Software Product. Use of any such support services is governed by the Webmaint Limited polices and programs described in "online" documentation and/or other Webmaint Limited-provided materials. Any supplemental software code or related materials that Webmaint Limited provides to you as part of the support services is to be considered part of the Software Product and is subject to the terms and conditions of this EULA. With respect to any technical information you provided Webmaint Limited as part of the support services, Webmaint Limited may use such information for its business purposes without restriction, including or product support and development. Webmaint Limited will not use such technical information in a form that personally identifies you. 8. TERMINATION. This End User License Agreement (EULA) is effective IMMEDIATELY upon Your Software Product download and Software transfer from Webmaint Limited's server(s) to your computer. Proof of download will be based on Webmaint Limited's client status using OUR records and logs. Unless sooner terminated by Webmaint Limited, any license granted by this Agreement terminates in accordance with the method and timeframes specified in this License Agreement. Without prejudice to any other rights, Webmaint Limited may suspend, revoke, or terminate this agreement if You fail to comply with any of its provisions. In such event, You shall delete all copies and instances of Webmaint Limited's Software Product(s) and Software Product License(s) from your possession within 3 days of Webmaint Limited's License Agreement termination notice. IF YOU FAIL TO COMPLY WITH OUR TERMINATION PROCEDURE, LEGAL ACTIONS WILL BE TAKEN WITHIN 24 HOURS OF THE GIVEN 3 DAYS GRACE PERIOD OF COMPLIANCE. 9. NO WARRANTIES. YOU ACCEPT THE SOFTWARE PRODUCT AND SOFTWARE PRODUCT LICENSE "AS IS," AND WEBMAINT LIMITED (AND ITS THIRD PARTY SUPPLIERS AND LICENSORS) MAKE NO WARRANTY AS TO ITS USE, PERFORMANCE, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WEBMAINT LIMITED (AND ITS THIRD PARTY SUPPLIERS AND LICENSORS) DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU. 10. LIMITATION OF LIABILITY. THIS LIMITATION OF LIABILITY IS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL WEBMAINT LIMITED (OR ITS THIRD PARTY SUPPLIERS AND LICENSORS) BE LIABLE FOR ANY COSTS OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THIS EULA OR THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF WEBMAINT LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, WEBMAINT LIMITED'S (AND ITS THIRD PARTY SUPPLIERS' AND LICENSORS') ENTIRE LIABILITY ARISING OUT OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR U.S. $5.00; PROVIDED, HOWEVER, THAT IF YOU HAVE ENTERED INTO A WEBMAINT LIMITED SUPPORT SERVICES AGREEMENT, WEBMAINT LIMITED'S ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT. 11. GOVERNING LAW; ENTIRE AGREEMENT. This EULA is governed by the laws of the State of Rhode Island and Providence Plantations, U.S.A., excluding the application of its conflict of law rules. The United Nations Convention for the International Sale of Goods shall not apply. This EULA is the entire agreement between us and supersedes any other communications or advertising with respect to the Software Product; this EULA may be modified only by written agreement signed by authorized representatives of you and Webmaint Limited. 12. CONTACT INFORMATION. If you have any questions about this EULA, or if you want to contact Webmaint Limited for any reason, please direct all correspondence to: Webmaint Limited or you may call: 0870 745 0770 finally, you may e-mail: support@exocontrol.com exoGameCtl, ExoControl and exoControl.com are trademarks of Webmaint Limited. |
exoControl, exoGameCtl and exoGaming are Trademarks of Webmaint Limited