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AUTHORIZATION
This is a legal and binding agreement between you, "the Customer", and
PrestoWebsite.com, "the Company" provider. By using, installing or accessing
the PrestoWebsite.com website, the Services and certain Products that are
offered, as our Customer you agree to all of the terms and conditions of
this agreement. If you do not agree to these terms, the Acceptable Use
Policy or any other Terms and Conditions posted on the PrestoWebsite.com
website, all services will be discontinued, activation of the account will
cease and your account terminated.
END USER LICENSE AGREEMENT
LICENSE GRANT. Subject to the provisions contained herein and payment
of applicable fees, PrestoWebsite.com hereby grants to you a non-exclusive,
nontransferable, license to use its accompanying proprietary software
application products offered on the PrestoWebsite.com website is Software
provided for your own use. Such Software is protected by the laws of the
United States & international treaties.
RESTRICTED USE. All rights not expressly granted herein are retained
by PrestoWebsite.com and its licensors. Except as stated above, this
Agreement does not grant the Customer any intellectual property rights in
the Software. Customer shall not rent, lease, transfer or sublicense the
Software. Customer shall not under any circumstances, nor shall Customer
permit a third party to (i) decompile, disassemble, reverse engineer or
otherwise attempt to reconstruct or discover the source code of the Software
or(ii) prepare derivative of the Software or (iii) remove any product
identification, PrestoWebsite.com, trademark or other notice from the
Software. Any such copy made by you shall be subject to this Agreement and
shall contain all of PrestoWebsite.com's notices regarding its trademarks
and other proprietary rights as contained in the Software originally
provided to you.
TITLE. The 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 Software and
Documentation shall remain at any and all times in PrestoWebsite.com and/or
its suppliers. Title, ownership rights, & intellectual property rights in
and to the content accessed through the Software is the property of the
applicable content owner and may be protected by applicable
PrestoWebsite.com or other laws. This License does not give the Customer any
rights to such content.
LIMITED WARRANTY. PrestoWebsite.com warrants to the Customer, for a
period of thirty (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.
PrestoWebsite.com does not warrant that the Software will operate error free
or uninterrupted or will meet your requirements. Except for the express
warranties stated in this section, the Software is licensed "as is" and
PrestoWebsite.com specifically excludes and disclaims all warranties of
merchantability, fitness for a particular purpose, statutory
non-infringement 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 PRESTOWEBSITE.COM OR ITS
SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER 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 OTHER COMMERCIAL DAMAGES OR
LOSSES, OR FOR ANY DAMAGES IN EXCESS OF PRESTOWEBSITE.COM'S LIST PRICE FOR A
LICENSE TO THE SOFTWARE AND DOCUMENTATION, EVEN IF PRESTOWEBSITE.COM SHALL
HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY
ANY OFFER 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. PrestoWebsite.com may terminate this Agreement immediately if Customer
attempts to illegally tamper 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 the breach of contract. 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, the 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 PrestoWebsite.com's request, the
Customer, shall certify in writing to PrestoWebsite.com that all complete
and partial copies of the Software and the Documentation have been destroyed
and that none remain in the 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 MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS
SET FORTH HEREIN, AND PRESTOWEBITE.COM AGREES TO FURNISH THE 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. Headings shall not be considered in interpreting this Agreement. This
Agreement shall be governed by and construed under the law of the state of
Maine as such law applies to agreements between Maine residents entered into
and to be performed entirely within the state of Maine, except as governed
by Federal Law. This Agreement will not be governed by the United Nations
Convention of Contracts for the International Sale of Goods, the application
of which is hereby expressly excluded.
PrestoWebsite.com
Legal Dept.
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