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AESTIVA END-USER LICENSE AGREEMENT
For users of the product "Aestiva Punchout"
LICENSE FEES:
Subject to payment of application license fees, if any, Aestiva grants
to you a non-exclusive license to use this product and accompanying
documentation (herein known as the "The Software") in the manner
described herein.
GRANT OF LICENSE:
This Software is protected by copyright laws, international copyright
treaties, as well as other intellectual property laws and treaties. The
Software is licensed and not sold.
30 DAY WARRANTY:
Aestiva warrants for a period of thirty (30) days from the purchase
date, that The Software will substantially achieve the functionality
described in the documentation or on the Aestiva Web site. Aestiva
however, does not warrant that The Software will be error-free or
secure. Furthermore, you hereby agree that Aestiva's sole liability
for any breach of this warranty is (i) replacement of defective copies
of The Software, (ii) advisement of how to achieve similar functionality
through a procedure different from that described in the documentation
or (iii) provide a full refund for the purchase, at the discretion of the
buyer. Only if you inform the seller of your desire for a full refund, in
this thirty day warranty period, will Aestiva be obligated to honor this
warranty. Aestiva is not obligated to honor more than one refund per
customer and may deduct shipping and handling fees from such
refunds.
THIS WARRANTY IS LIMITED AND IT IS THE ONLY WARRANTY
MADE BY AESTIVA FOR THIS SOFTWARE PRODUCT. AESTIVA
MAKES NO WARRANTIES REGARDING FITNESS FOR A
PARTICULAR PURPOSE AND IS LIMITED BY THE WARRANTY
PERIOD. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON
HOW LONG A WARRANTY LASTS, SO LIMITATIONS MAY NOT
APPLY TO YOU. NO AESTIVA DEALER, AGENT OR EMPLOYEE IS
AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR
ADDITIONS TO THIS WARRANTY. THIS WARRANTY GIVES YOU
SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER LEGAL
RIGHTS THAT VARY BY JURISDICTION.
HIGH-RISK ACTIVITIES:
The Software is not fault-tolerant and is not designed, manufactured or
intended for use in high-risk, hazardous or fail-safe environments.
Aestiva and its suppliers specifically disclaim any expressed or implied
warranties of fitness for any High-Risk Activities.
SCOPE OF USE:
Users of The Software may (i) use The Software on any single computer
and (ii) may copy The Software for backup/archival purposes. To use
The Software on more than one computer, more than one domain name,
or for more than one Web site, multiple licenses must be purchased or
explicitly allowed in writing.
DOMAIN NAME USE:
The Software is designed to function on a single domain name registered
with Aestiva. Users may not change The Software to break this
copy-protection limitation. Users may not use The Software on multiple
Web sites.
IMPROPER USE:
Users may not (i) separate The Software into components for use on
more than one computer (The Software is licensed as a single product),
(ii) modify, translate, reverse engineer, decompile, dissassemble (except
to the extent applicable laws specifically prohibit such restriction), or
create derivative works based on The Software, (iii) remove any
proprietary notices, labels on The Software. (iv) run multiple copies of
The Software and/or extend the scope of use, as defined herein.
BY IMPROPERLY USING THE SOFTWARE YOU HEREBY AGREE TO
TRANSFER THE ENTIRE RIGHTS AND INCOME FROM SUCH
PRODUCTS OR SERVICES BENEFITTING FROM SUCH ACTIVITIES
TO AESTIVA AND AGREE TO PAY REASONABLE LEGAL AND
COLLECTION COSTS TO ENFORCE SUCH RIGHTS.
TITLE:
Title, ownership rights and intellectual property rights in The Software
shall remain in Aestiva. The Software is protected by copyright and
treaties. Title and related rights in the content developed with The
Software is the property of the applicable content owner and is
protected by applicable law.
TERMINATION:
The right to use The Software will terminate automatically if you fail to
comply with the limitations described herein. Upon termination you are
obligated to destroy The Software and Documentation. Improper use
penalties and transfer rights shall continue to be enforced with
termination of this license.
DISAGREEMENT:
If you do not agree with ANY of the terms in this agreement you must
immediately destroy your copy of The Software and destroy (or return
to seller) all printed materials, if any. Use of The Software constitutes
agreement with all the terms of this license.
This agreement shall be governed by California law (except for conflict
of law provisions).
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SOME HIGHLIGHTED AESTIVA CUSTOMERS
| - London Fog Pacific Trail
| - Annenberg Center for Health
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| - City of London, OH
| - Oregon Community College
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| - IBM
| - THQ, Inc.
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100%
BROWSER-BASED SOFTWARE PRODUCTS
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For more information contact: sales@aestiva.com 1-888-AESTIVA (237-8482) 1-310-697-0338
Copyright 2011, Aestiva Software. All rights reserved.
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