USER LICENSE AGREEMENT
LICENSE GRANT. Subject to the provisions contained herein and payment of applicable fees, Web & Cloud hereby grants you a non-exclusive, nontransferable, license to use its accompanying application offered on the Web & Cloud website (“Software”,) for your own use. Such Software is protected by the Web & Cloud international laws treaties.
RESTRICTED USE. All rights not expressly granted herein are retained by Web & Cloud and its licensors. Except as stated above, this Agreement does not grant the Customer any intellectual property rights on any software that are installed on our server. Customer shall not rent, lease, transfer or sublicense the Software he´s/control panel. Customer shall not under any circumstances nor shall Customer permit a third party to
- decompile, disassemble, reverse engineer or otherwise attempt to reconstruct or discover the source code of the Software or
- prepare derivative of the Software or
- remove any product identification, Web & Cloud, trademark or other notice from the Software.
Any such copy made by you shall be subject to this Agreement and shall contain all of Web & Cloud’s
notices regarding Web & Cloud’s trademarks and other proprietary rights as contained in the Software originally provided to you.
TITLE. The control panel, Software’s organization, structure, sequence, logic, and source code are valuable to the Company. Any and all title, ownership rights, and intellectual property rights in and to the control panel, Software and Documentation shall remain at any and all times in Web & Cloud and/or its suppliers. Title, ownership rights, and intellectual property rights in and to the content accessed through the Software is the property of Web & Cloud. This License does not give customer any ownership rights to such content.
LIMITED WARRANTY. Web & Cloud warrants to the Customer, for a period of (30) days from the date of this agreement, installation of Software, or use of services, whichever is earlier, that it will replace any defective media on which the Software is provided and that the Software, if not modified and if properly installed and used, will substantially conform to the material specifications set forth in the documentation, Such warranties are for the Customer’s benefit only and are not transferable. Web & Cloud does not warrant that the Software will operate without any error or uninterrupted or will meet your requirements. Except for the express warranties stated in this section, our Software´s are licensed “as is” and Web & Cloud specifically excludes and disclaims all warranties of merchantability, for a particular purpose, statutory noninfringement of third party intellectual property rights and any warranty that may arise by reason of trade usage, custom or course of dealing and Customer hereby expressly waives any and all such warranties.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER LEGAL RIGHTS
THAT VARY FROM STATE TO STATE OR BY JURISDICTION.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL Web & Cloud OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTIER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTFER COMMERCIAL DAMAGES OR LOSSES, OR FOR ANY DAMAGES IN EXCESS OF Web & Cloud’S LIST PRICE FOR A LICENSE TO THE SOFTWARE AND DOCUMENTATION, EYEN IF Web & Cloud SHALL HAVE BEEN INFORMED OF TFE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTFER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
TERMINATION. This Agreement is effective until terminated. Web & Cloud may terminate this Agreement immediately if Customer attempts to reverse engineer the Software or otherwise violate any of the restrictive uses as described herein. Otherwise, this Agreement may be terminated by either party for a breach of any of its material terms, provided the non-breaching party provides to the breaching party 30 days written notice describing such breach and offering the breaching party an opportunity to cure. Failure to cure a material breach within the notice period shall result in automatic termination of this Agreement. Should this Agreement be terminated for your material breach, Customer agrees to remove all copies of the Software or any part of the Software from any and all computer storage devices, and destroy the Software and all Documentation. At Web & Cloud’s request, Customer or any of Customer’s authorized signatory on the account, shall certify in writing to Web & Cloud that all complete and partial copies of the Software and the Documentation have been destroyed and that none remain in Customer’s possession or under its control. The provisions of this Agreement except for the Section 1, “License Grant,” shall survive.
MISCELLANEOUS. This Agreement represents the complete and exclusive statement of the agreements concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO TIE TFRMS SET FORTH HEREIN, AND Web & Cloud AGREES TO FURNISH TFE SOFTWARE AND DOCUMENTATION ONLY UPON THESE TERMS AND NOT THOSE CONTAINED IN YOUR PURCHASE ORDER.
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 make. It enforceable, and such decision shall not affect the enforceability
- of such provision under other circumstances or
- of the remaining provisions hereof under all circumstances.
Headings shall not be considered in interpreting this Agreement. This Agreement shall be governed by and construed under the law of Web & Cloud as such law applies to agreements between Web & Cloud residents entered into and to be performed entirely within Web & Cloud, except as governed by Federal Law.
This Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the The Netherlands, except as may be set forth in the Dispute Policy. Except as otherwise set forth in the Dispute Policy with respect to disputes, any action to enforce this Agreement or any matter relating to your use of the Web & Cloud website shall be brought exclusively in The Netherlands Court.
Notwithstanding the foregoing, for the adjudication of disputes concerning or arising from use of domain names registered hereunder, you acknowledge and agree that you shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (a) of the account holder’s domicile, and (b) where Web & Cloud is located. Web & Cloud. Witte Wal 64, 3823 AR Amersfoort, The Netherlands.