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- Terms and Conditions of Installing the
- BeFaster, "THE BEST WAY TO SPEED UP YOUR CONNECTION"
-
- BeFaster is shareware and freely distributable which is sponsored
- by WebHancer Corporation. You may install this program to test and
- evaluate for 15 days; after that time you must either register this
- program or delete it from your computer hard drive.
-
- BEFASTER IS DISTRIBUTED "AS IS".
- NO WARRANTY OF ANY KIND IS EXPRESSED OR IMPLIED.
- YOU USE AT YOUR OWN RISK. THE AUTHOR WILL NOT BE
- LIABLE FOR DATA LOSS, DAMAGES, LOSS OF PROFITS OR
- ANY OTHER KIND OF LOSS WHILE USING OR MISUSING THIS SOFTWARE.
-
- Refunds will not be approved, if you order BeFaster.
-
- You may not alter this software in any way, including changing
- or removing any messages or windows. You are hereby licensed to
- make as many copies of the shareware version of this software and
- documentation as you wish; give exact copies of the original
- shareware version to anyone; and distribute the shareware version
- of the software and documentation in its unmodified form.
- There is no charge for any of the above.
-
- This product is designed to run under 32bit Windows.
-
- Installing and using BeFaster signifies acceptance of these
- terms and conditions of the license. If you do not agree with
- the terms of this license you must remove BeFaster files
- from your storage devices and cease to use the product.
-
- -
-
- Terms and Conditions of Installing the
- webHancer Customer Companion (the "Software").
-
- IMPORTANT NOTICE:
-
- THIS SOFTWARE CONFIDENTIALLY RELAYS YOUR WEB
- SURFING PERFORMANCE METRICS TO WEBHANCER CORP.
- TO GENERATE PERFORMANCE REPORTS FOR THIRD
- PARTIES. AS SUCH, YOUR INTERNET CONNECTION
- WILL BE USED PERIODICALLY TO SEND AND RECEIVE
- DATA. YOU REMAIN ANONYMOUS - NO PERSONAL OR
- IDENTIFIABLE INFORMATION IS COLLECTED -
- ONLY QUANTITATIVE PERFORMANCE DATA.
-
- WE RESPECT OUR CUSTOMERS PRIVACY.
- TO VIEW WEBHANCER'S PRIVACY POLICY,
- GO TO: http://www.webhancer.com/products/privacy.
-
- THIS SOFTWARE SUPPORTS WINDOWS 98/2000 and
- WINDOWS NT 4.0 Service Pack 4 and higher.
- INSTALLATION ON OTHER SYSTEMS MAY LEAD TO
- SYSTEM FAILURE.
-
- THIS IS A LICENSE, NOT A SALE. THIS END
- USER LICENSE AGREEMENT ("AGREEMENT") IS A
- LEGAL CONTRACT BETWEEN YOU AND WEBHANCER
- CORP. ("WEBHANCER") FOR THE CUSTOMER
- COMPANION SOFTWARE (THE 'SOFTWARE'). THIS
- SOFTWARE WILL MAKE USE OF YOUR INTERNET
- CONNECTION. YOU ARE SOLELY RESPONSIBLE FOR
- ANY AND ALL NETWORK USAGE COSTS OR ANY
- OTHER COSTS ASSOCIATED WITH YOUR USE OF
- THE SOFTWARE. BY DOWNLOADING, INSTALLING
- OR USING THE SOFTWARE YOU AGREE TO BE BOUND
- BY THE TERMS AND CONDITIONS OF THIS
- AGREEMENT. IF YOU DO NOT AGREE WITH THESE
- TERMS AND CONDITIONS, UNINSTALL, AND DO
- NOT USE THE SOFTWARE.
-
- WEBHANCER grants to you a non-exclusive, non-transferable and
- restricted license to use the Software on a single computer
- for your internal use, subject to the terms and conditions of this
- Agreement. You may make and distribute unlimited copies of the
- Software, excluding copies for commercial distribution, as long
- as each copy that you distribute is distributed subject to this
- Agreement, and you reproduce in full all copyright and other
- proprietary notices pertaining to the Software that appear in
- the Software.
-
- This Agreement shall remain in effect for as long as you are in
- compliance with its terms and conditions. This Agreement shall
- immediately terminate if you fail to comply with any of its
- provisions. The limitations of liabilities and warranties will
- survive any termination of this Agreement and will remain in full
- force and effect even after termination. Should WEBHANCER release
- any updates, upgrades or new versions of the Software or
- supplemental code or supporting materials for the Software
- ("Additional Software Releases"), all such Additional Software
- Releases shall be considered part of the Software and subject to
- the terms and conditions of this Agreement and any additional
- terms and conditions that accompany the Additional Software
- Releases. In consideration of the foregoing license from
- WEBHANCER to you, you grant to WEBHANCER the perpetual,
- unrestricted right to record and use your web surfing
- performance metrics, in whole or in part, in any form or format.
-
- THE SOFTWARE IS PROVIDED TO YOU "AS IS". YOU
- ARE SOLELY RESPONSIBLE FOR THE ADEQUATE
- PROTECTION AND BACKUP OF THE DATA AND
- EQUIPMENT USED IN CONNECTION WITH THE SOFTWARE.
- WEBHANCER MAKES NO REPRESENTATIONS, WARRANTIES
- OR CONDITIONS, EXPRESS OR IMPLIED, WRITTEN OR
- ORAL, INCLUDING, BUT NOT LIMITED TO, WARRANTIES
- OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY,
- MERCHANTABILITY, FITNESS FOR A PARTICULAR
- PURPOSE OR NON-INFRINGEMENT, OR THOSE ARISING BY
- LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR
- OTHERWISE. WEBHANCER DOES NOT WARRANT THAT THE
- OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED
- OR ERROR FREE. YOU ASSUME THE ENTIRE RISK AS
- TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE.
-
- NEITHER WE NOR OUR DEALERS OR SUPPLIERS SHALL
- HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON
- OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
- CONSEQUENTIAL OR ANY DAMAGES WHATSOEVER,
- INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE
- OR PROFIT, LOST OR DAMAGED DATA OR OTHER
- COMMERCIAL OR ECONOMIC LOSS, EVEN IF WE HAVE
- BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
- OR THEY ARE FORESEEABLE. WE ARE ALSO NOT
- RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. OUR
- MAXIMUM AGGREGATE LIABILITY TO YOU AND THAT OF
- OUR DEALERS AND SUPPLIERS SHALL NOT EXCEED FORTY
- DOLLARS CANADIAN ($40.00 CDN). THE LIMITATIONS
- IN THIS SECTION SHALL APPLY WHETHER OR NOT THE
- ALLEGED BREACH OR DEFAULT IS A BREACH OF A
- FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL
- BREACH.
-
- The limited warranty, exclusive remedies and limited liability set out
- herein are fundamental elements of the basis of the bargain between
- you and WEBHANCER. You acknowledge and agree that WEBHANCER
- would not be able to provide the Software free of charge without such
- limitations. In jurisdictions which do not allow the exclusion or
- limitation of consequential, incidental or special damages,
- WEBHANCER's liability for such damages shall be limited to the
- maximum extent permitted by applicable law.
-
- The Software, including all copies, and all copyrights and all other
- rights, title and interest subsisting in or related to the Software,
- and all data collected there from, shall at all times remain the
- property of WEBHANCER or its licensors. You must reproduce any
- copyright or other proprietary notices on the Software in their
- entirety in all copies of the Software. WEBHANCER and its licensors
- reserve all rights not expressly granted to you. You shall not
- translate, reverse engineer, decompile or disassemble the Software
- or any part of the Software, except to the extent this restriction is
- not permitted by the laws of your jurisdiction; or modify or adapt
- or create derivative works based on the Software or any part of the
- Software or merge the Software or any part of the Software with any
- other software program.
-
- Notice to U.S. Government end users. If this product is acquired under
- the terms of a: GSA contract-Use, reproduction or disclosure is subject
- to the restrictions set forth in the applicable ADP Schedule contract;
- U.S. DoD contract- Use, duplication or disclosure by the Government is
- subject to restrictions as set forth in subparagraph (c) (1) (ii) of
- 252.227-7013; Civilian agency contract- Use, reproduction, or
- disclosure is subject to 52.227-19 (a) through (d) and restrictions
- set forth in the accompanying end user agreement. Unpublished-rights
- reserved under the copyright laws of the United States. WebHancer
- Corp. 2255 Carling Avenue, 3rd Floor Ottawa, Ontario Canada K2B 7E9.
-
- This Agreement is the entire agreement between WEBHANCER
- and you and supercedes all other agreements, discussions and
- negotiations, whether oral or written. This Agreement cannot be
- modified or amended except by a written agreement signed by an
- authorized officer of WEBHANCER. This shall be governed
- by the laws of the Province of Ontario, Canada, excluding conflicts
- of law and choice of law principles and the United Nations Convention
- on Contracts for the International Sale of Goods, and any legislation
- implementing such Convention. You consent and attorn to the
- exclusive jurisdiction of Ontario courts and waive trial by jury,
- except to the extent a waiver of a jury trial is not permitted by
- applicable law. If any provision of this Agreement is found to be
- illegal, invalid or unenforceable, such provision shall be deemed
- severed and the remainder of the Agreement shall continue in full
- force and effect. You agree to comply with all applicable laws
- including export restrictions as they relate to this Agreement and
- your use of the Software. The parties have requested that this
- Agreement and all documents contemplated hereby be drawn up
- in English.
- Les parties aux prΘsentes ont exigΘ que cette entente et tous
- autres documents envisagΘs par les prΘsentes soient rΘdigΘs en anglais.
-