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END-USER LICENSE
AGREEMENT FOR
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HOSTING CONTROLLER PRODUCT
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READ THIS DOCUMENT CAREFULLY. IT CONTAINS
IMPORTANT INFORMATION THAT YOU SHOULD
KNOW BEFORE CONTINUING TO USE OUR SOFTWARE.
IF YOU REJECT THIS PRIVACY POLICY AND
END USER LICENSE AGREEMENT YOU SHOULD
REMOVE ALL HOSTING CONTROLLER SOFTWARE
FROM YOUR COMPUTER. FAILURE TO REMOVE
ALL OF THE SOFTWARE FROM YOUR COMPUTER
WILL INDICATE ACCEPTANCE OF THIS PRIVACY
POLICY AND END-USER LICENSE AGREEMENT
(EULA) |
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| I.
INTRODUCTION |
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This is an Agreement between, Advanced
Communications DBA HostingController.com,
and you ("Licensee"), for
the purpose of specifying the conditions
under which Licensee will use the Hosting
Controller. |
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| II.
DEFINITIONS |
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"Hosting Controller Documentation"
shall mean a guide in electronic format
describing the operation and of the
functions of Hosting Controller.
Licensee shall mean and include Licensee's
divisions and departments within Licensee's
organization at the licensed locations,
but shall not include wholly or partially
owned subsidiaries, affiliates, or
independent third parties.
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| III.
LICENSE GRANT |
Hosting Controller hereby grants to
Licensee, and Licensee hereby accepts,
subject to the terms and conditions
set forth in this End User License Agreement,
a non-exclusive and nontransferable
license to use the Hosting Controller
as set forth in this Agreement. The
term "license" as used in
this Agreement shall mean and include:
| A |
Transfer
or allow the transfer of copies
of Hosting Controller or its serial
number. |
| B |
Use
the templates on more than a single
server computer. |
| C |
Install
or use copies of Hosting Controller
on more server computers than
the number of licensed copies
of Hosting Controller delivered
to Licensee. |
| D |
Make
copies or make use of the Hosting
Controller or Hosting Controller
Documentation except as expressly
set forth in this Agreement. |
| E |
Attempt
to disassemble or reverse engineer
Hosting Controller. |
| F |
Rent,
lease or lend the software without
the express permission of the
copyright holder as prohibited
under the United States Software
Rental Amendments Act of 1990
(Public Law 101-650). |
| G |
This
software comes with 30 days trial
version and user is expected to
evaluate the software before placing
the order. Once license is purchased
no refund will be granted. |
| H |
Licensee
acknowledges that if Licensee
claims charge back through its
financial institution against
any of Advanced Communications
product then HostingController.com
has the right to terminate his/her
free technical support for all
products he/she has purchased.
Any rights not expressly granted
to Licensee are retained by HostingController.com.
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| IV.
ENHANCEMENTS AND SUPPORT |
HostingController.com shall make available
to Licensee all updates and enhancements
to
Hosting Controller. Licensee may accept
any update or enhancement at the time
it is offered to Licensee by paying
the applicable update charges or fee.
HostingController.com shall have the
sole discretion to determine the update
fee or charge. Use of all such updates
and enhancements by Licensee shall be
subject to the terms and conditions
of this Agreement. This EULA applies
to single licensed copy of Hosting Controller.
For further purchase of licenses for
more than one copy, Licensee is required
to observe applicable terms and agreement
mentioned herein explicitly. |
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| V.
CONSENT TO USE OF DATA |
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Hosting Controller is programmed to
contact its website from time to time
to report its existence through a HTTP
request or Email to HostingController.net
website and to find out new updates
which might have become available and
will prompt the administrator of such
upgrades if one is available. The licensee
agrees that he has no objection on such
a transfer of information which includes
product's serial number, the currently
installed version, the Email address
of the Host Administrator and the base
IP address on which hosting controller
is running. |
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| VI.
PRODUCT ACTIVATION |
The license rights granted under this
EULA are temporary, limited to a finite
number of Hosting Controller launch
days.
Use of the Hosting Controller after
such finite launch days will require
input of the license key and its subsequent
activation on http://server.hostingcontroller.net
server. |
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| VII.
TERM OF LICENSE |
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The term of this Agreement shall remain
in force unless Licensee breaches any
material term of this Agreement, in
which case HostingController.com shall
have the right to terminate the license.
Regardless of whether this license expires
or is terminated by either party, all
other articles of this Agreement shall
survive perpetually. |
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| VIII.
TERMINATION OF AGREEMENT |
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In the event of a default by the Licensee
or the Licensee's agent or representative,
of any provision of this Agreement,
HostingController.com may terminate
this Agreement upon thirty (30) days
written notice. Upon termination of
the Agreement, the Licensee shall either
destroy all licensed copies of Hosting
Controller, and all backups, or return
them to HostingController.com This obligation
shall survive the termination of this
Agreement. |
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| IX.
COPYRIGHT AND PROPRIETARY INFORMATION |
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Licensee acknowledges that Hosting Controller
and supporting documentation constitute
valuable property of HostingController.com
and that all title and ownership rights
in the templates and related materials
remain exclusively with HostingController.com.
HostingController.com reserves all
rights with respect to the templates
and user's guide under all applicable
laws for the protection of proprietary
information, including, but not limited
to, trade secrets, copyrights, trademarks
and patents.
Except as otherwise provided in this
Agreement, Licensee shall not cause
or permit unauthorized copying, reproduction
or disclosure of any portion of the
templates, or any instructions, manuals,
or other documentation, or the delivery
or distribution of any part thereof
to any third person or entity, for
any purpose whatsoever, without the
prior written permission of HostingController.com.
This restriction shall continue to
bind Licensee and its agents and representatives
beyond the termination of this Agreement.
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| X.
LIMITATION OF WARRANTIES |
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LICENSEE ACCEPTS Hosting Controller
"AS IS" "WITH ALL FAULTS",
AND IN LIEU OF ALL OTHER WARRANTIES
AND CONDITIONS, EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THOSE
FOR MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE.
HostingController.com accepts no
responsibility for the operation or
performance of the templates. The
entire risk of use and consequences
of use of Hosting Controller falls
completely on the Licensee and HostingController.com
shall not be liable in any respect
for any claims loss or injury alleged
to have resulted from use of or in
reliance on Hosting Controller. In
this respect, Licensee shall completely
indemnify and defend for any such
claim, loss or injury as provided
below.
Licensee acknowledges that it has
read the foregoing disclaimers of
warranty and limitation of liability
and understands that Licensee assumes
the entire risk of use of Hosting
Controller. Licensee also agrees that
Hosting Controller purchase is final
and no refund is issue afterward.
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| XI.
INDEMNIFICATION |
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Licensee shall indemnify and defend
against any and all claims, including
claims by third parties or employees
of Licensee, which arise directly or
indirectly out of Licensee's use or
operation of Hosting Controller.
HostingController.com shall not be
liable for any incidental or consequential
damages suffered by Licensee through
the use of Hosting Controller, whether
or not such damages were disclosed
to, or reasonably foreseen.
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| XII.
COPYRIGHT NOTICE |
Copyright (c) 1998-2006 Hosting Controller.
All rights reserved.
This software and documentation constitute
an unpublished work and contain valuable
trade secrets and proprietary information
belonging to
HostingController.com None of the foregoing
material may be copied, duplicated or
disclosed without the express written
permission of HostingController.com
Hosting Controller EXPRESSLY DISCLAIMS
ANY AND ALL WARRANTIES CONCERNING THIS
SOFTWARE AND DOCUMENTATION, INCLUDING
ANY WARRANTIES OF MERCHANTABILITY AND/OR
FITNESS FOR ANY ARTICULAR PURPOSE, AND
WARRANTIES OF PERFORMANCE, AND ANY WARRANTY
THAT MIGHT OTHERWISE ARISE FROM COURSE
OF DEALING OR USAGE OF TRADE. NO WARRANTY
IS EITHER EXPRESSED OR IMPLIED WITH
RESPECT TO THE USE OF THE SOFTWARE OR
DOCUMENTATION.
Under no circumstances shall HostingController.com
be liable for incidental, special, indirect,
direct or consequential damages or loss
of profits, interruption of business,
or related expenses which may arise
from use of software or documentation,
including but not limited to those resulting
from defects in software and/or documentation,
or loss or inaccuracy of data of any
kind. |
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| XIII.
PROPRIETARY INFORMATION |
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Protection of Proprietary Information:
Licensee agrees to keep in confidence
and not disclose to others all knowledge,
information and data furnished to Licensee
by HostingController.com. The Licensee
agrees not to use, nor reproduce for
use in any way, any proprietary information
of HostingController.com. The Licensee
agrees to protect the proprietary information
of HostingController.com with the same
standard of care and procedures used
to protect its own proprietary information
of similar importance but at all times
using at least a reasonable degree of
care. |
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| XIV.
NON-COMPETE AGREEMENT |
This License Agreement shall also serve
as a Non-Compete Agreement. This Agreement
is made effective as of the acceptance
date of this agreement, by and between
Advanced Communications of 8721 Santa
Monica Blvd # 252, Los Angeles, CA 90069-4507,
USA and The Licensee.
In this Agreement, the party who
is requesting the non-competition
from the other party shall be referred
to as "HostingController.com",
and the party who is agreeing not
to compete shall be referred to as
"Licensee". By accepting
this agreement, the licensee has access
to and possession of confidential
information that is proprietary to
HostingController.com
Company or product names referenced
hereby may be the trademark or registered
trademark of their respective companies
and owners.
No part of this software or manual
may be reproduced or retransmitted
in any form or by any means electronic,
mechanical, or otherwise, including
photocopying and recording for any
purpose other than the purchaser's
personal use without the prior written
permission of HostingController.com
This software is licensed for use
on a single server machine and is
not for resale.
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