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This is a legal and binding agreement between you, the Customer, and Cybernight
Hosting.
By using, installing or accessing the Cybernight Hosting website, the Services
and
certain Products that are offered, as our Customer you agree to all of the terms
and conditions of this agreement. If you do not agree to these terms, the Acceptable
Use Policy or any other Terms and Conditions posted on the Cybernight Hosting
web site,
all services will be discontinued, activation of the account will cease and your
account terminated.
END USER LICENSE AGREEMENT
LICENSE GRANT.
Subject to the provisions contained herein and payment of applicable
fees, Cybernight Hosting hereby grants to you a non-exclusive, nontransferable,
license
to use its accompanying proprietary software application products offered on
the
Cybernight Hosting web site ("Software",) for your own use. Such Software
is protected
by the laws of the United States and international
treaties.
RESTRICTED USE. All rights not expressly granted herein are retained by Cybernight
Hosting
and its licensors. Except as stated above, this Agreement does not grant the
Customer
any intellectual property rights in the Software. Customer shall not rent, lease,
transfer or sublicense the Software. Customer shall not under any circumstances
nor
shall Customer permit a third party to
(i) decompile, disassemble, reverse engineer or otherwise attempt to reconstruct
or
discover the source code of the Software or
(ii) prepare derivative of the Software or (iii) remove any product identification,
Cybernight Hosting, trademark or other notice from the Software. Any such copy
made
by you shall be subject to this Agreement and shall contain all of Cybernight
Hosting's
notices regarding Cybernight Hosting's, trademarks and other proprietary rights
as
contained in the Software originally provided to you.
TITLE.
The Software's organization, structure, sequence, logic, and source
code are
valuable to the Company. Any and all title, ownership rights, and intellectual
property rights in and to the Software and Documentation shall remain at any
and all
times in Cybernight Hosting and/or its suppliers. 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
law. This License does not give Customer any rights
to
such content.
LIMITED WARRANTY.
Cybernight Hosting warrants to the Customer, for a period
of
ninety (90) days from the date of this agreement, installation of Software,
or
use of services, whichever is earlier, that it will replace any defective media
on which the Software is provided and that the Software, if not modified
and
if
properly installed and used, will substantially conform to the material
specifications set forth in the documentation, Such warranties are for the
Customer's benefit only and are not transferable. Cybernight Hosting does not
warrant that the Software will operate error free or uninterrupted or
will
meet
your requirements. Except for the express warranties stated in this section,
the
Software are licensed "as
is" and Cybernight Hosting specifically
excludes and
disclaims all warranties of merchantability, fitness for a particular purpose,
statutory non infringement of third party intellectual property rights and
any
warranty that may arise by reason of trade usage, custom or course of dealing
and Customer hereby expressly waives any and all such warranties.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, 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 CYBERNIGHT HOSTING OR ITS SUPPLIERS OR RESELLERS
BE
LIABLE TO YOU OR ANY OTIER 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 OTFER COMMERCIAL DAMAGES OR LOSSES, OR FOR ANY DAMAGES IN EXCESS OF
CYBERNIGHT HOSTING'S LIST PRICE FOR A LICENSE TO THE SOFTWARE AND DOCUMENTATION,
EYEN IF CYBERNIGHT HOSTING SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH
DAMAGES, OR FOR ANY CLAIM BY ANY OTFER 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.
EXPORT CONTROLS.
You may not download, use or otherwise export the Software
or any
underlying information or technology except in full compliance with all United
States and other applicable laws and regulations. In particular, but without
limitation, none of the Software or underlying information or technology may
be
downloaded, used or otherwise exported or re-exported (i) into (or to a national
or resident of) Cuba, Haiti, 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.
TERMINATION.
This Agreement is effective until terminated. Cybernight Hosting
may terminate this Agreement immediately if Customer attempts to reverse engineer
the Software or otherwise violate any of the restrictive uses as described
herein.
Otherwise, this Agreement may be terminated by either party for a breach of
any of
its material terms, provided the non-breaching party provides to the breaching
party
30 days written notice describing such breach and offering the breaching party
an
opportunity to cure. Failure to cure a material breach within the notice period
shall result in automatic termination of this Agreement. Should this Agreement
be
terminated for your material breach, Customer agrees to remove all copies of
the
Software or any part of the Software from any and all computer storage devices,
and destroy the Software and all Documentation. At Cybernight Hosting's request,
Customer or any of Customer's authorized signatory on the account, shall certify
in writing to Cybernight Hosting that all complete and partial copies of the
Software and the Documentation have been destroyed and that none remain in
Customer's possession or under its control. The provisions of this Agreement
except
for the Section 1, "License Grant," shall survive.
MISCELLANEOUS. This Agreement represents the complete and exclusive statement of the agreements 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.THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO TIE TFRMS SET FORTH HEREIN, AND CYBERNIGHT HOSTING AGREES TO FURNISH TFE SOFTWARE AND DOCUMENTATION ONLY UPON THESE TERMS AND NOT THOSE CONTAINED IN YOUR PURCHASE ORDER. 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, and such decision shall not affect the enforceability (i) of such provision under other circumstances or (ii) of the remaining provisions hereof under all circumstances. Headings shall not be considered in interpreting this Agreement. This Agreement shall be governed by and construed under the law of Cybernight Hosting <state> as such law applies to agreements between Cybernight Hosting <state> residents entered into and to be performed entirely within Cybernight Hosting <state>, except as governed by Federal Law. This Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby 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)(l)(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. Contractor / manufacturer is Cybernight Hosting.
P.O. Box 2230, Houston, TX 77549-2230
Contacting cybernighthosting.com:
If you have any questions about the End User License Agreement, the practices
of this site, or your dealings with cybernighthosting.com, please contact: support@cybernighthosting.com
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