Hoplink Manager
END-USER LICENSE AGREEMENT FOR HOPLINK MANAGER
IMPORTANTREAD CAREFULLY: This
Affordable Internet Solutions End-User License Agreement (EULA)
is a legal agreement between you (either an individual or a single entity)
and Affordable Internet Solutions ("AIS") for Hoplink Manager ("SOFTWARE PRODUCT").
By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree
to be bound by the terms of this EULA. If you do not agree to the terms of
this EULA, do not install or copy the SOFTWARE PRODUCT.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright
treaties, as well as other intellectual property laws and treaties. The SOFTWARE
PRODUCT is licensed, not sold.
1. GRANT OF LICENSE. This EULA grants you the following rights:
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
3. COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT are owned by AIS or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions.
4. GOVERNING LAW:
5. DISCLAIMER OF WARRANTIES. To the maximum extent permitted by applicable law, AIS and its suppliers provide the SOFTWARE PRODUCT and any (if any) support services related to the SOFTWARE PRODUCT (Support Services) AS IS AND WITH ALL FAULTS, and hereby disclaim all warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties or conditions of merchantability, of fitness for a particular purpose, of lack of viruses, of accuracy or completeness of responses, of results, and of lack of negligence or lack of work man like effort, all with regard to the SOFTWARE PRODUCT, and the provision of or failure to provide Support Services. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT. THE ENTIRE RISK AS TO THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT AND SUPPORT SERVICES, IF ANY, REMAINS WITH YOU.
6. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AIS OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF AIS OR ANY SUPPLIER, AND EVEN IF AIS OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. LIMITATION OF LIABILITY AND REMEDIES. Not with
standing any damages that you might incur for any reason whatsoever (including,
without limitation, all damages referenced above and all direct or general
damages), the entire liability of AIS and any of its suppliers with regard
to the SOFTWARE PRODUCT or this EULA and your exclusive remedy for all of
the foregoing shall be limited to the amount actually paid for the SOFTWARE
PRODUCT. The foregoing limitations, exclusions and disclaimers shall apply
to the maximum extent permitted by applicable law, even if any remedy fails
its essential purpose.