IMPORTANT - READ CAREFULLY: This DynIP License Agreement ("Agreement") is a legal agreement between you (either an individual or a single entity) and DynIP, a division of CanWeb Internet Services Ltd. ("DYNIP") for DYNIP's computer software and associated media (collectively, the "Licensed Software"). By continuing to use the Licensed Software, you agree to be bound by the terms of this Agreement.
1. COPYRIGHT
The Licensed Software is owned by DYNIP but may be freely copied and distributed provided that you: (i) do not receive any direct or indirect payment for its distribution or use by third parties; and (ii) do not redistribute modified copies of this Licensed Software.
2. OTHER RESTRICTIONS
You may not modify the files containing the licensed software, or any backup copy, in whole or in part, or translate such files into any other file format or language, except as expressly provided for in this agreement. You may not rent, lease or sublicense the Licensed Software. You may not reverse engineer, decompile or disassemble the Licensed Software for any purpose whatsoever.
3. TERM
Your license is effective upon your acceptance of this agreement and installing the Licensed Software. You may terminate it at any time by destroying the Licensed Software together with all copies. It will also terminate upon conditions set forth elsewhere in this Agreement or if you fail to comply with any term or condition of this Agreement. You agree upon such termination to destroy all copies of the Licensed Software in any form in your possession or under your control.
4. WARRANTY
DYNIP OFFERS NO WARRANTY OF PERFORMANCE, EXPRESS OR IMPLIED, WITH REGARD TO THE LICENSED SOFTWARE AND ALL ACCOMPANYING MATERIALS. DYNIP FURTHER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE LICENSED SOFTWARE AND ALL ACCOMPANYING MATERIALS.
5. CUSTOMER REMEDY
DYNIP DISCLAIMS ALL LIABILITY AND OFFERS NO CUSTOMER REMEDY WITH REGARD TO THE LICENSED SOFTWARE AND ALL ACCOMPANYING MATERIALS.
6. DISCLAIMER OF DAMAGES
You assume responsibility for, among other things, (i) the selection of the Licensed Software to achieve your intended results, (ii) the acquisition of other software (including any programming or operating system software) and/or equipment compatible with the Licensed Software, and (iii) the installation, use and results obtained from the Licensed Software. Further, for the express purpose of limiting the liability against DYNIP, you agree that, to the maximum extent permitted by law, DYNIP SHALL IN NO EVENT BE LIABLE FOR ANY 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 OR INABILITY TO USE THE LICENSED SOFTWARE, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR OTHERWISE, REGARDLESS OF THE FORM OF ACTION, EVEN IF DYNIP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. UPDATES & SUPPORT
DYNIP may, from time to time, revise or update the Licensed Software. In so doing, DYNIP incurs no obligation to furnish such revision or updates to you.
8. GENERAL
This License is personal between you and DYNIP. It is not transferable and any attempt by you to rent, lease, sublicense, assign or transfer any of the rights, duties or obligations hereunder, except as provided in Section 2, above, is void. This Agreement and the conduct of the parties hereto shall be governed by the laws of the State of Illinois. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND DYNIP WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND DYNIP OR DYNIP'S AGENT(S) RELATING TO THE LICENSED SOFTWARE.
