License and Limited Warranty Agreement  
 


This Legal Document is an Agreement between YOU, THE USER, and WEBXPACE.COM, hereinafter referred to as WEBXPACE or webXpace.com

By installing, copying, downloading, accessing or otherwise using the WEBXPACE SOFTWARE, you agree to be bound by the terms of this License Agreement. If you do not agree to the license agreement then do not install or use the WEBXPACE SOFTWARE.

In order to preserve and protect its rights under applicable laws, webXpace.com does not sell any rights in the software. webXpace.com, only grants the right to use this software by means of a software license. webXpace.com specifically retains title to all its computer software.

The WEBXPACE SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The WEBXPACE SOFTWARE is licensed, not sold.

The entire and exclusive liability and remedy for breach of this limited warranty shall be limited to the replacement of defective diskette(s) or documentation and shall not include or extend to any claim for or right to recover any other damages, including but not limited to loss of profit, data, or use of the software, or special, incidental, or consequential damages or other similar claims, even if webXpace.com has been specifically advised of the possibility of such damages. In no event will webXpace.com's liability for any damages to you or any other person ever exceed the lower of suggested list price or actual price paid for the license to use the software, regardless of any form of the claim.

webXpace.com specifically disclaims all warranties, express or implied, including but not limited to, any implied warranty of merchantability or fitness for a particular purpose. Specifically, webXpace.com makes no representation or warranty that the software is fit for any particular purpose and any implied warranty of merchantability is limited to the one hundred and eighty days duration of the limited warranty covering the physical diskette(s) and documentation only, if any, (and not the software) and is otherwise expressly and specifically disclaimed.


Customer Remedies

webXpace.com and its suppliers entire liability and your exclusive remedy shall be, at webXpace.com’s option, either (a) return of the price paid, if any, or (b) repair or replacement of the WEBXPACE SOFTWARE that does not meet webXpace.com’s Limited Warranty and that is returned to webXpace.com with a copy of your receipt. This Limited Warranty is void if failure of the WEBXPACE SOFTWARE has resulted from accident, abuse, or misapplication. Any replacement of WEBXPACE SOFTWARE will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.


No other Warranties

To the maximum extent permitted by applicable law, webXpace.com and its suppliers disclaim all other warranties and conditions, either express or implied, including, but not limited to, implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement, with regard to the WEBXPACE SOFTWARE, and the provision of or failure to provide support services.


Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall webXpace.com or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the WEBXPACE SOFTWARE or the failure to provide support services, even if webXpace.com has been advised of the possibility of such damages. In any case, webXpace.com's entire liability under any provision of this license agreement shall be limited to the greater of the amount actually paid by you for the WEBXPACE SOFTWARE or US$ 5.00.

webXpace.com support engineers will make commercially reasonable efforts to solve any problem. To the extent allowed by applicable law, implied warranties on the WEBXPACE SOFTWARE, if any, are limited to one hundred and eighty days (180) days.


Installation

You may install and use one copy of the WEBXPACE SOFTWARE on a single computer, including a workstation, terminal or other digital electronic device ("COMPUTER").

This software is designed in such a way that it can be used only on the computer for which it has been ordered and only on the computer on which it is installed. If you happen to lose that computer then webXpace.com may, at it sole discretion reinstall the WEBXPACE SOFTWARE or provide you media to reinstall for one such occasion only. In case the software has been provided to you with a hardware portlock device, then the above reinstallation option may not be available to you.

Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the WEBXPACE SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

No training, whatsoever, will be provided for using this software. It is the user's responsibility to be able to understand and operate the software.

With respect to technical information you provide to webXpace.com as part of the Support Services, webXpace.com may use such information for its business purposes, including for product support and development.


Copyright

All title and intellectual property rights in and to the WEBXPACE SOFTWARE, the accompanying printed materials, if any, and any copies of the WEBXPACE SOFTWARE are owned by webXpace.com and author/s of the software. All title and intellectual property rights in and to the content which may be accessed through use of the WEBXPACE SOFTWARE is the property of webXpace.com. All rights not expressly granted are reserved by webXpace.com.

Without prejudice to any other rights, webXpace.com may terminate this LICENSE AGREEMENT if you fail to comply with the terms and conditions of this LICENSE AGREEMENT. In such event, you must destroy all copies of the WEBXPACE SOFTWARE and all of its component parts.


General Law and Governing Provisions

This license statement shall be construed, interpreted and governed by the laws of EEC. If any provision of this statement is found to be void or unenforceable, it will not affect the validity of the balance of this statement, which shall remain valid and enforceable according to its terms. If any remedy provided is determined to have failed of its essential purpose, all limitations of liability and exclusions of damages set forth in the limited warranty shall remain in full force and effect. This statement may only be modified in writing signed by you and an authorized officer of webXpace.com. All rights not specifically granted in this statement are reserved by webXpace.com.


Jurisdiction

BY USING THIS SOFTWARE, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ THIS LICENSE AND LIMITED WARRANTY, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEIR TERMS AND CONDITIONS. YOU ALSO AGREE THAT THE LICENSE AND LIMITED WARRANTY ARE THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN THE PARTIES AND SUPERSEDE ALL PROPOSALS OR PRIOR AGREEMENTS, WHETHER ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THE LICENSE OR LIMITED WARRANTY. HOWEVER, WEBXPACE MAY CHOOSE TO HONOUR SUCH OTHER COMMITMENTS ONLY AT ITS OWN OPTION.


Contact Information

webXpace.com
R. do Alecrim, 3 - Guimarota
2410-066 Leiria - Portugal
software@webxpace.com

or post any questions at:
http://blog.webxpace.com

 
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