This is a legal and binding agreement between you, the Customer, and Web Your Business Inc..
By using, installing or accessing the Web Your Business Inc. 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 US Privacy Policies
all services will be discontinued, activation of the account will cease and your
AAA Business Hosting is a Division of Web Your Business, Inc.
END USER LICENSE AGREEMENT
LICENSE GRANT. Subject to the provisions contained herein and payment of applicable
fees, Web Your Business Inc. hereby grants to you a non-exclusive, nontransferable, license
to use its accompanying proprietary software application products offered on the
Web Your Business Inc. web site ("Software",) for your own use. Such Software is protected
by the Web Your Business Inc. laws of the United States and international Web Your Business Inc.
RESTRICTED USE. All rights not expressly granted herein are retained by Web Your Business Inc.
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,
Web Your Business Inc., trademark or other notice from the Software. Any such copy made
by you shall be subject to this Agreement and shall contain all of Web Your Business Inc.'s
notices regarding Web Your Business Inc.'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 Web Your Business Inc. 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
Web Your Business Inc. or other law. This License does not give Customer any rights to
LIMITED WARRANTY. Web Your Business Inc. does not
warrant that the Software will operate error free or uninterrupted or will meet
your requirements. The Software is licensed "as is" and Web Your Business Inc. specifically excludes and
disclaims all warranties of merchantability, fitness for a particular purpose,
statutory noninfringement 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 Web Your Business Inc. 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 OTHER COMMERCIAL DAMAGES OR LOSSES, OR FOR ANY DAMAGES IN EXCESS OF
Web Your Business Inc.'S LIST PRICE FOR A LICENSE TO THE SOFTWARE AND DOCUMENTATION,
EVEN IF Web Your Business Inc. 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 reexported (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. Web Your Business Inc.
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 Web Your Business for a breach of any of
its material terms. A material breach may 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 Web Your Business Inc.'s request,
Customer or any of Customer's authorized signatory on the account, shall certify
in writing to Web Your Business Inc. 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 THE TERMS SET
FORTH HEREIN, AND Web Your Business Inc. AGREES TO FURNISH THE 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.
If 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 Web Your Business Inc. as such law applies
to agreements between Web Your Business Inc. residents entered into and to be performed
entirely within Web Your Business Inc. , 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
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 Web Your Business Inc..
1714 Topaz Dr Suite 145, Loveland, CO 80537