End-User License Agreement for LiteSpeed Software
IMPORTANT READ CAREFULLY
This End-User License Agreement ("EULA") is a legal agreement between
"You", the end user (either an individual or a single entity) and
LiteSpeed Technologies Inc., a company registered in New Jersey, United
States ("LITESPEED"), for a software product ("SOFTWARE PRODUCT").
YOU MUST READ THE TERMS BELOW BEFORE DOWNLOADING, INSTALLING, OR
OTHERWISE USING THE SOFTWARE PRODUCT. BY DOWNLOADING, INSTALLING, OR
USING THE SOFTWARE PRODUCT YOU AGREE TO BE AND WILL BE BOUND BY THE TERMS
OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT
DOWNLOAD, INSTALL, OR USE THE SOFTWARE PRODUCT.
1. LICENSE TO USE.
In consideration of your agreement to comply with the terms and
conditions of this EULA, LITESPEED hereby grants You a non-exclusive and
nontransferable license to use the SOFTWARE PRODUCT and documentation on
a computer for which you have paid the corresponding fee. You may not use
the SOFTWARE PRODUCT for any illegal activity or to host pornographic
content.
2. COPYRIGHT AND RESTRICTIONS.
The SOFTWARE PRODUCT and the associated intellectual property are
protected by copyright laws and international treaty provisions. Title to
the SOFTWARE PRODUCT and all associated intellectual property rights are
retained by LITESPEED. Unauthorized copying or use of the SOFTWARE
PRODUCT, including any portion of the SOFTWARE PRODUCT that has been
modified, merged, or included with other software, is expressly
forbidden. Unless prohibited by applicable law, you may not modify,
decompile, or reverse engineer the SOFTWARE PRODUCT.
3. NO WARRANTY.
THIS SOFTWARE PRODUCT IS PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES
THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, OR FIT FOR A
PARTICULAR PURPOSE.
4. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL
LITESPEED BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR
CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOSS OF
PROFITS OR DATA, BUSINESS INTERRUPTION, OR ANY OTHER TANGIBLE OR
INTANGIBLE PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE
THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT
SERVICES, EVEN IF LITESPEED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. LITESPEED IS NOT LIABLE FOR THE CONTENT OF ANY WEBSITES POWERED
WITH OUR SOFTWARE.
5. TERMINATION.
This EULA shall be effective from the date You download, install or
otherwise use the SOFTWARE PRODUCT. This EULA will terminate immediately
without notice from LITESPEED if you fail to comply with any provision of
this EULA. Upon termination, you must destroy all copies of the SOFTWARE
PRODUCT. You may terminate this EULA at any time by destroying all copies
of the SOFTWARE PRODUCT.
6. SEVERABILITY.
If any provision of this EULA is held unenforceable, this EULA shall
remain in effect with the provision reformed to the extent necessary to
make it enforceable, unless to do so would frustrate the intent of the
parties, in which case the EULA will immediately terminate.
7. GOVERNING LAW.
This EULA shall be governed and be construed by the laws of state of New
Jersey and controlling U.S. federal law.
8. EXPORT RESTRICTIONS.
The SOFTWARE PRODUCT may be subject to U.S. export laws or regulations
and/or export or import regulations in other countries. Each party shall
comply fully with all such laws and regulations to the extent applicable
and further acknowledges its responsibility to obtain such licenses to
export or import as may be required.
9. U.S. GOVERNMENT.
If any SOFTWARE PRODUCT is being acquired by or on behalf of the U.S.
Government or by a U.S. Government prime contractor or subcontractor (at
any tier), then the Government's rights in SOFTWARE PRODUCT and
accompanying documentation shall be only as set forth in this EULA.