Xpeedite © End User License Agreement
Xpeedite (Xpeedite.com) Website (the "Website" or "Site") is an online communications service ("Service") through which the Xpeedite (Xpeedite.com) Software (as defined below) may be downloaded, which is provided by Xpeedite (Xpeedite.com). ("Xpeedite (Xpeedite.com)"), subject to your compliance with the terms and conditions set forth below.
This End User License Agreement (the "Agreement") is a legal agreement between you (either an individual or an entity) and Xpeedite (Xpeedite.com) regarding the use of Xpeedite (Xpeedite.com)'s software including all programs, related documentation and updates which may be periodically provided by Xpeedite (Xpeedite.com) including without limitation software made available to download from Xpeedite (Xpeedite.com)'s website (the "Software"). BEFORE YOU CLICK ON THE "I AGREE" BUTTON AT THE END OF THIS DOCUMENT, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CLICKING ON THE "I ACCEPT" BUTTON, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "I DECLINE" BUTTON AND THE SOFTWARE WILL NOT BE DOWNLOADED TO YOUR COMPUTER. If you do not wish to be bound by these terms and conditions, you may not access or use the Site, Software or Service. Xpeedite (Xpeedite.com) may modify this Agreement or the attached Xpeedite (Xpeedite.com) End User License Agreement at any time without notice and such modifications shall be deemed effective immediately upon posting of the modified Agreement. You agree to review the Agreement periodically to be aware of such modifications and your continued access or use of the Site, Software or Service shall be deemed your conclusive acceptance of the modified Agreement.
GRANT OF LICENSE.
This Agreement permits you to use one copy of the specified version of the Software, for internal purposes only, on only one computer, and only by one user, at a time. The Software is "in use" on a computer when it is loaded into the temporary memory (i.e. RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that computer in USA AND CANADA. The Software is made available solely for use by you in accordance with the terms of this agreement. Any violation of any of the terms and conditions contained in this agreement is expressly prohibited by law and may result in severe penalties. Violators will be prosecuted to the maximum extent possible. The Software that is made available to download from this Site is the copyrighted work of Xpeedite (Xpeedite.com) and/or its suppliers. Use of the Software is governed by the terms set forth in this Agreement. An end-user will be unable to download the Software unless he or she first agrees to the terms set forth in this Agreement. The Software is made available for downloading solely for use by end users according the terms set forth herein. Any reproduction or redistribution of the Software not in accordance with the terms set forth herein is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
TRADEMARK AND COPYRIGHT.
All corporate names, service marks, logos, trade names, trademarks, websites and domain names of "Xpeedite (Xpeedite.com)" (collectively "Marks") are and shall remain the exclusive property of Xpeedite (Xpeedite.com) and nothing in this agreement shall grant you the license to use such Marks. All intellectual property rights in the Software including without limitation all copyrights, patents, trade secrets, audio, images and text incorporated into the Software are owned by Xpeedite (Xpeedite.com) and are protected by the USA and Canada copyright laws and international treaty provisions. Xpeedite (Xpeedite.com) retains all rights in the Software and its Marks including without limitation ownership and proprietary rights. You may not reverse engineer, decompile or disassemble the Software. The restrictions contained herein apply equally to any updates or new Xpeedite (Xpeedite.com) products that may be periodically provided to you by Xpeedite (Xpeedite.com). Any violation of the terms set forth herein is expressly prohibited by law and may result in severe civil and criminal penalties.
NOTICE TO WEBSITE USERS.
Xpeedite (Xpeedite.com) reserves the right to change or update information on its website without notice. All images, text, graphics, programs and any other material found on Xpeedite (Xpeedite.com)'s website are protected by USA and Canada copyright law and are the exclusive property of Xpeedite (Xpeedite.com). Any reproduction or use of such material by you is expressly prohibited.ï¿½ Elements of Xpeedite (Xpeedite.com)'s Website are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Xpeedite (Xpeedite.com) Website may be copied or retransmitted unless expressly permitted by Xpeedite (Xpeedite.com).
ANY LINKS AVAILABLE ON THIS SITE WILL ENABLE YOU TO LEAVE XPEEDITE (Xpeedite.com)'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF XPEEDITE (Xpeedite.com) AND XPEEDITE (Xpeedite.com) IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES.
It is up to you take precautions to ensure that whatever you select for your use is free of viruses, worms, trojan horses and other items of a destructive nature.
XPEEDITE (Xpeedite.com) IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY XPEEDITE (Xpeedite.com) OF THE SITE. ADDITIONALLY, OTHER MARKS WHICH APPEAR ON THIS SITE MAY BE MARKS OF THIRD PARTIES THAT ARE NOT AFFILIATED WITH XPEEDITE (Xpeedite.com). XPEEDITE (Xpeedite.com) AND ITS AFFILIATES DO NOT CONTROL OR ENDORSE THE CONTENT OF THIRD PARTY WEBSITES. IN NO EVENT WILL XPEEDITE (Xpeedite.com) BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE, OR ON ANY OTHER HYPER LINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Xpeedite (Xpeedite.com) cannot and does not guarantee or warrant that the files available for downloading from the Site will be free of infection or viruses, worms, trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, SOFTWARE, SERVICE AND THE INTERNET. ALL SERVICES PROVIDED BY XPEEDITE (Xpeedite.com) ARE PROVIDED "AS IS". XPEEDITE (Xpeedite.com) DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY TRANSACTION PERFORMED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND XPEEDITE (Xpeedite.com) SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. XPEEDITE (Xpeedite.com) DOES NOT WARRANT THAT THE SITE, SOFTWARE OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS IN THE SITE, SOFTWARE OR SERVICE WILL BE CORRECTED.
IN NO EVENT WILL XPEEDITE (Xpeedite.com) BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, SOFTWARE OR SERVICE, OR ANY TRANSACTIONS PROVIDED ON THE SERVICE OR DOWNLOADED OR HYPERLINKED FROM THE SITE, EVEN IF XPEEDITE (Xpeedite.com) OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH, OR HYPERLINKED FROM, THE SITE.
THIRD PARTY PRODUCTS/SERVICES.
NO OTHER WARRANTIES.
YOU ASSUME ALL RESPONSIBILITIES FOR SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, XPEEDITE (Xpeedite.com) DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES.
YOU ASSUME THE ENTIRE COST OF ANY DAMAGE RESULTING FROM THE INFORMATION CONTAINED IN OR COMPILED BY THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL XPEEDITE (Xpeedite.com) OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL XPEEDITE (Xpeedite.com)'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN ANY ONE OR MORE CAUSE OF ACTION EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE. BECAUSE SOME JURISDICTONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
U.S. GOVERNMENT-RESTRICTED RIGHTS.
The Software and accompanying documentation are deemed to be "commercial computer Software" and "commercial computer Software documentation" respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, modification, reproduction release, performance, display or disclosure of the Software and accompanying documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.
You may not download, export, or re-export the Software (a) into, or to a national or resident of, any country to which the USA and Canada has embargoed goods, or (b) to anyone on the USA and Canada Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders or the Canadian Ministry of Trade and Commerce. By downloading or using the Software, you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.
You agree to indemnify and hold harmless Xpeedite (Xpeedite.com), its officers, directors, employees, agents, shareholders, licensors, suppliers and any third party providers from and against any and all damages, losses, costs including attorney's fees and expenses resulting from any violation of this agreement.
Xpeedite (Xpeedite.com) reserves the right to terminate the services provided by Xpeedite (Xpeedite.com) and your use of the Software if you violate any of the terms contained in this agreement. You may terminate this agreement at any time simply be ceasing to use the Software, however, the provisions contained herein shall survive such termination.
This Agreement is governed by the laws of the USA and Canada .This Agreement is the entire agreement between you and Xpeedite (Xpeedite.com) and supersedes any other communications or advertising with respect to the Software an documentation. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. Xpeedite (Xpeedite.com)'s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties not trade practice shall act to modify any provision of this Agreement. Xpeedite (Xpeedite.com) may assign its rights and duties under this Agreement to any party at any time without notice to you.
Should you have any questions concerning this Agreement, or if you desire to contact Xpeedite (Xpeedite.com) for any reason, please contact: firstname.lastname@example.org.