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HighWired Software License Agreement
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT "LICENSE" CAREFULLY BEFORE DOWNLOADING THE SOFTWARE. BY DOWNLOADING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, YOU ARE NOT AUTHORIZED TO DOWNLOAD THIS SOFTWARE.
1. License. The software accompanying this License whether on disk,
in read only memory, or on any other media are licensed, not sold,
to you by HighWired Internet Innovations Inc.. YOU OWN THE MEDIA ON WHICH THE SOFTWARE IS
RECORDED BUT HIGHWIRED AND/OR HIGHWIRED LICENSOR(S) RETAIN TITLE TO THE HIGHWIRED SOFTWARE.
The HighWired software and any copies which this License authorizes you to
make are subject to this License.
2. Permitted Uses and Restrictions.
This License allows you to install and use the
HighWired Software for a single IP Address ("site") which resides on a single
network server attached to any computer network. This does not include using
the software for multiple IP Addresses ("sites") that are assigned within a
"shared server" although the software may reside on a single server. In other
words, this License does not allow the HighWired Software to be used for more
than one "site" at a time without purchasing additional copies of the software.
Nor does this license allow the use of the software by one site for the operation
of many sites. You may make one copy of the HighWired Software in
machine-readable form for backup purposes only. The backup copy must
include all copyright information contained on the original. Except as
permitted by applicable law and this License,
you may not decompile, reverse engineer, disassemble, modify, rent,
lease, loan, distribute, create derivative works from the HighWired
Software. You may, however, transfer your rights under
this License provided you transfer the related documentation, this
License and a copy of the HighWired Software to a party who agrees to
accept the terms of this License and destroy any other copies of the
HighWired Software in your possession. Your rights under this License
will terminate automatically without notice from HighWired if you fail
to comply with any term(s) of this License.
3. Disclaimer of Warranty on HighWired Software. You expressly
acknowledge and agree that use of the HighWired Software is at your sole risk.
The HighWired Software is provided "AS IS" and without warranty of any
kind and HighWired and HighWired's licensor(s) (for the purposes of
provisions 3 and 4, HighWired and HighWired's licensor(s) shall be
collectively referred to as "HighWired") EXPRESSLY DISCLAIM ALL WARRANTIES
AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR
SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. HIGHWIRED
DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE HIGHWIRED SOFTWARE
WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE HIGHWIRED
SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE
HIGHWIRED SOFTWARE WILL BE CORRECTED. FURTHERMORE, HIGHWIRED DOES NOT
WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS
OF THE USE OF THE HIGHWIRED SOFTWARE OR RELATED DOCUMENTATION IN TERMS
OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL
OR WRITTEN INFORMATION OR ADVICE GIVEN BY HIGHWIRED OR AN HIGHWIRED
AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY
INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE HIGHWIRED SOFTWARE
PROVE DEFECTIVE, YOU (AND NOT HIGHWIRED OR AN HIGHWIRED AUTHORIZED
REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
THE TERMS OF THIS DISCLAIMER DO NOT AFFECT OR PREJUDICE THE STATUTORY
RIGHTS OF A CONSUMER ACQUIRING HIGHWIRED PRODUCTS OTHERWISE THAN IN
THE COURSE OF A BUSINESS, NEITHER DO THEY LIMIT OR EXCLUDE ANY
LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY HighWired NEGLIGENCE.
4. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING
NEGLIGENCE, SHALL HIGHWIRED BE LIABLE FOR ANY INCIDENTAL, SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO
THIS LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT
APPLY TO YOU. In no event shall HIGHWIRED's total liability to you
for all damages exceed the amount paid for this License to the
HighWired Software.
5. Government End Users. If the HighWired Software is supplied
to the United States Government, the HighWired Software is classified
as "restricted computer software" as defined in clause 52.227-19 of
the FAR. The United States Government's rights to the
HighWired Software are as provided in clause 52.227-19 of the FAR.
6. Controlling Law and Severability. This License shall be
governed by the laws of Canada and the Province of British Columbia.
If for any reason a court of competent jurisdiction finds any
provision, or portion thereof, to be unenforceable, the remainder
of this License shall continue in full force and effect.
7. Complete Agreement. This License constitutes the entire
agreement between the parties with respect to the use of the HighWired
Software and supersedes all prior or contemporaneous understandings
regarding such subject matter. No amendment to or modification of
this License will be binding unless in writing and signed by HighWired.
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