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PrestoWebsite User Agreement:

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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