END-USER LICENSE AGREEMENT FOR Web+Center Version 10.x + SOFTWARE
(c) 2024 Meliora Innovations for Impact LLC (DBA: Internet Software Sciences & Web+Center)
IMPORTANT – READ CAREFULLY
This Internet Software Sciences End-User License Agreement (“EULA”) is a legal agreement between you and Internet Software Sciences for the Web+Center software product.
By installing, copying, or otherwise using the Web+Center product, you are bound to by the terms of this EULA. If you DO NOT AGREE to the terms of the EULA, then DO NOT install or use the Web+Center software product.
SOFTWARE PRODUCT LICENSE
The Web+Center 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 END USER LICENSE AGREEMENT (“EULA”) grants you, a Web+Center software user, the following rights:
* STORAGE/NETWORK USE. You may install one or more copies of the Web+Center software in your environments per the quote and purchase order terms. Each installation will be limited to the rights and responsibilities listed below.
2) OTHER RIGHTS AND LIMITATIONS
* REVERSE ENGINEERING. You may not reverse engineer the product into another product for resell. All of the code has been copy-righted, and it cannot be copied, modified, or distributed for any purpose without written permission from Internet Software Sciences.
* NOT FOR RESALE. You may not use the software for commercial purposes nor sell or otherwise transfer it for value. If you wish to host and sell web-hosted support services with this software, you must contact us for written approval before using the product in a pay hosted type environment.
* SUPPORT SERVICES. Annual Support contracts and software upgrade packages are available for licensed users and will be noted in agreed upon quotes and purchase orders.
* MAXIMUM NUMBER OF TECHICIANS. A maximum number of “Techs” can be configured into the techstaff database per the licensed quantity amount on a signed quote and purchase order. Additional techs can not be added to the database in any method without acquiring additional tech licenses from Internet Software Sciences. Additional techs require purchasing tech license agreements from Internet Software Sciences. Licensed versions can only be installed on a single server. Each Web+Center database instance requires a separate license agreement even if installed and configured on a single server. A licensed user can install one additional system for testing/debugging purposes only.
* TERMINATION. Without prejudice to any of Internet Software Sciences other rights, Internet Software Sciences may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy any and all copies of the software product and all of its components; to this end you grant to Internet Software Sciences the right to, with or without notice, monitor your Internet accessibility activities for the purpose of verifying Web+Center performance and/or your compliance with the terms hereof, including, but not limited to the remote monitoring and verification of your Web+Center implementation and tech licensing, use and duplication of the Web+Center software.
* U.S. GOVERNMENT RESTRICTED RIGHTS. The Web+Center software product and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the US Government is subject to restrictions as set forth in subparagraph C (1) (iii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or sub paragraphs c (1) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19 as applicable. Manufacturer of Web+Center is: Internet Software Sciences, 311 S. Washington St., East Rochester, NY 14445.
* NO WARRANTY. Internet Software Sciences provides NO warranty for any FREE version of Internet Software Science products.
3) LIMITATION OF LIABILITY – TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Internet Software Sciences OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDICENTAL, INDIRECT, OR CONSEQUENTIAL DAMANAGES 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 OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF Internet Software Sciences HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, Internet Software Sciences ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER AMOUNT ACTUALLY PAID FOR THE WEB+CENTER PRODUCT OR TEN UNITED STATES DOLLARS (US $10.00). BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXECLUSION OF LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.