READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE INSTALLING THIS SOFTWARE. INSTALLING THIS SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT INSTALL THE SOFTWARE.
Installation may include eAcceleration Download Receiver, *depending on user acceptance during the Webcelerator install.* To uninstall the Download Receiver, please go to add remove program in your systems control panel. Select the eAcceleration Download Receiver and click uninstall. Installation may also include n-case software, whose license aggreement can be found at the end of this one.
1. License - In this license agreement ("License Agreement"), you are referred to as "Licensee" or "You." In accordance with the terms and conditions of this License Agreement, Acceleration Software International Corporation ("Licensor") grants Licensee the non-exclusive license to use the accompanying software ("Licensed Product") free of charge for personal non-commercial use outside of Japan. All rights to and in the Licensed Product, including, but not limited to, copyrights and trade secret rights, belong to Licensor and Licensor holds title to each copy of the Licensed Product. Use or distribution of the Licensed Product in Japan is strictly prohibited.
2. Term - This License Agreement is effective until terminated. Licensee may terminate this License Agreement by deleting all copies of the Licensed Product in Licensee's possession or control. Licensor may terminate this License Agreement at any time. All provisions of this Agreement relating to disclaimers of warranties, limitation of liability, remedies, or damages, and Licensor's proprietary rights shall survive termination.
3. Object Code - The Licensed Product is delivered in computer program object code format only. Licensee shall not reverse compile or otherwise reverse engineer the Licensed Product.
4. Limited Warranty - Licensor does not warrant that the functions contained in the Licensed Product will meet Licensee's requirements or that the operation of the Software will be uninterrupted or error-free. THE LICENSED PRODUCT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED PRODUCT IS WITH LICENSEE.
5. Limitation Of Liability - IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, OR LOSS OF PROFITS OR LOST SAVINGS, ARISING OUT OF USE OF OR INABILITY TO USE THE LICENSED PRODUCT, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY DAMAGES.
6. General - This Agreement shall be governed by and interpreted under the laws of the State of Washington, United States of America, without regard to conflicts of provisions. In the case of the United States Government or an agency thereof as Licensee, the following additional terms apply: Restricted Computer Software, as defined in the Rights in Data-General clause at Federal Acquisition Regulations 52.227-14; and as applicable,
RESTRICTED RIGHTS LEGEND
Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013.
Acceleration Software International Corporation, Licensor Corporation, Poulsbo, Washington
LICENSEE ACKNOWLEDGES THAT IT HAS READ AND UNDERSTANDS THIS AGREEMENT AND AGREES TO BE BOUND BY ITS TERMS. LICENSEE FURTHER AGREES THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN LICENSEE AND LICENSOR, AND SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
-- 180 Solutions n-Case --
This agreement ("Agreement") governs the affiliation between the member ("You") and 180Solutions, Inc. ("180Solutions") and your use of the software you receive from 180Solutions in connection with the nCase application ("nCase") provided by 180Solutions. By clicking on the "I Accept" button and installing nCase, you agree to be bound by all of the terms of this Agreement. If you do not agree to these terms, you should click on the "I donÆt accept" button and the installation process will not continue.
180Solutions may change the terms of this Agreement and the Privacy Statement at any time. Such changes and their effective dates will be posted on the 180Solutions website at http://www.180Solutions.com/privacy and/or 180Solutions will attempt to notify You of these changes through other means. You agree to review changes to this Agreement and the Privacy Statement and if any change is not acceptable to You, You agree to terminate use of nCase. Your continued use of nCase after the effective date of any such change constitutes acceptance of all the changes.
1.0 Software License
nCase is protected under U.S. and international laws. The 180Window is licensed to You for use only in accordance with all of the terms and conditions of this Agreement.
2.0 Prohibited Uses
You may not (except to the extent applicable law expressly prohibits the following restrictions or as expressly permitted in this Agreement):
- modify, translate, reverse engineer, decompile, disassemble or create derivative works based on nCase or permit others to do so;
- distribute the 180Window in exchange for any fee, whether fixed or hourly, whether charged separately for services or bundled with a sale of nCase;
- rent, lease, grant a security interest in, or otherwise transfer rights in nCase;
- remove or modify any proprietary notices or labels in nCase
3.0 Ownership
180Solutions and its suppliers retain all title, rights (including, without limitation intellectual property rights) and interest in nCase and all copies of nCase, except as expressly licensed in this The Agreement. All rights in the content, information and materials accessed through use of nCase are the property of the applicable content owner and may be protected under applicable law. The license granted under this Agreement gives You no rights in such content, information or materials.
4.0 Software Upgrades
180Solutions may, at any time in its sole discretion, provide You with an upgrade of nCase. However, nothing in this Agreement grants You any right to receive any enhancement, upgrade, update or support of nCase. 180Solutions may from time to time require an upgrade of nCase. You agree that these upgrades may be done silently, without requesting your authorization in advance. Unless 180Solutions indicates otherwise in providing an update of nCase, the terms of this The Agreement shall apply to any upgrade, enhancement, or update of nCase.
5.0 Limitation of 180SolutionsÆ Liability
In no event shall 180Solutions be liable under any section of this the Agreement or under contract, negligence, strict liability or any other legal or equitable theory for any indirect, incidental, exemplary or consequential damages (including, without limitation, loss of use, lost profits, loss of data or information of any kind or loss of business goodwill or opportunity) whether or not 180Solutions has been advised of the possibility of such loss or damages. 180Solutions shall not be liable for the cost of procurement of substitute goods, services or technology and in no event shall 180SolutionsÆ liability to you exceed fifty US dollars ($50.00). No action, regardless of form, that arises out of this Agreement, may be brought by you or 180Solutions more than one (1) year after the cause of action has occurred.
6.0 Relationship with Advertisers
You may choose to purchase goods or services, or otherwise enter into relationships with advertisers or other third parties You meet through Your use of nCase or through 180Solutions email. You acknowledge that all such purchases are agreements between You and those third parties, and that unless expressly stated, 180Solutions has no connection with that relationship. If You choose to make purchases from those advertisers or other third parties, or to provide Your personal information to them, You do so at Your own risk and agree that 180Solutions will have no liability to You in connection with any such purchase or disclosure. You further acknowledge and agree that 180Solutions makes no representations about and does not endorse the content or accuracy of any information provided to You by any third party, nor does it endorse any of its advertisersÆ products or services.
7.0 Miscellaneous
Entire Agreement. This Agreement and the Privacy Policy (the terms of which are hereby incorporated by reference) together constitute the sole Agreement between 180Solutions and You respecting the subject matter hereof and fully supersede any and all other agreements, either oral or in writing. You acknowledge and agree that You have read this Agreement and the Privacy Policy and understand their terms. No Assignment. You may not assign this Agreement to anyone else.
Legal Actions. This Agreement will be governed by and construed in accordance with the laws of the State of Washington, excluding its conflict of laws principles. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. The exclusive personal jurisdiction of and venue for all disputes arising out of this The Agreement shall be the state and federal courts located in Seattle, Washington, USA and You consent to such jurisdiction and waive all objections to such jurisdiction and venue.
Severability. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to affect the original intentions of the parties, and the remainder of this Agreement shall remain in full force and effect.
No Waiver. Any failure of 180Solutions to enforce any provision of this The Agreement shall not constitute a waiver of any rights under such provision or any other provision under this The Agreement.
8.0 How to Contact Us
Specific questions about The Agreement or the Privacy Policy should be directed to: support@180Solutions.com.
