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End-User License Agreement for LiteSpeed Software

IMPORTANT READ CAREFULLY

This End-User License Agreement ("EULA") is a legal agreement between "You", the end user (either an individual or a single entity) and LiteSpeed Technologies Inc., a company registered in New Jersey, United States ("LITESPEED"), for a software product ("SOFTWARE PRODUCT").

YOU MUST READ THE TERMS BELOW BEFORE DOWNLOADING, INSTALLING, OR OTHERWISE USING THE SOFTWARE PRODUCT. BY DOWNLOADING, INSTALLING, OR USING THE SOFTWARE PRODUCT YOU AGREE TO BE AND WILL BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT DOWNLOAD, INSTALL, OR USE THE SOFTWARE PRODUCT.

1. LICENSE TO USE.

In consideration of your agreement to comply with the terms and conditions of this EULA, LITESPEED hereby grants you a non-exclusive and nontransferable license to use the SOFTWARE PRODUCT and documentation on a computer for which you have paid the corresponding fee. You may not use the SOFTWARE PRODUCT for any illegal activity.

1(a) Evaluation Use. Users are granted a trial license to use the SOFTWARE PRODUCT for evaluation and trial purposed only for a period not to exceed thirty (30) days. When the trial license expires, users must either register (purchase a license for continued use) or cease using the SOFTWARE PRODUCT and remove it from their computer.

1(b) Permanent Use. Users are granted a permanent license to use the SOFTWARE PRODUCT after registration and payment of licensing fees. Certain hardware information for the computer that the software is running on is collected in order to generate the license.

1(c) This section is applicable to both section 1(a) and 1(b). A single license may only be used with one copy of the SOFTWARE PRODUCT. A license for the SOFTWARE PRODUCT may not be shared among multiple copies of the SOFTWARE PRODUCT running on a same computer or used concurrently on different computers. You may access the SOFTWARE PRODUCT through a network by multiple remote computers. If You need another copy of the SOFTWARE PRODUCT, you must obtain another license.

2. COPYRIGHT AND RESTRICTIONS.

The SOFTWARE PRODUCT and the associated intellectual property are protected by copyright laws and international treaty provisions. Title to the SOFTWARE PRODUCT and all associated intellectual property rights are retained by LITESPEED. Unauthorized copying or use of the SOFTWARE PRODUCT, including any portion of the SOFTWARE PRODUCT that has been modified, merged, or included with other software, is expressly forbidden. Unless prohibited by applicable law, you may not modify, decompile, or reverse engineer the SOFTWARE PRODUCT.

3. LIMITED WARRANTY/LIMITATIONS ON LIABILITY.

3.1 Limited Warranty. With respect to the SOFTWARE PRODUCT licensed under Section 1(b) (i.e. permanent license), LITESPEED warrants you and for your benefit only that (a) the SOFTWARE PRODUCT will perform substantially in accordance with the accompanying written materials for a period of thirty (30) days from the date of purchase, and (b) any Support Services provided by LITESPEED shall be substantially as described and LITESPEED support staff will make commercially reasonable efforts to solve any problem issues. If, during this time period, the SOFTWARE PRODUCT does not perform as warranted, LITESPEED's entire liability and your exclusive remedy shall be, at LITESPEED's option, upon presentation of a copy of Your receipt, either (a) return of the price paid, if any, or (b) repair or replacement of the SOFTWARE PRODUCT that does not meet this Limited Warranty. This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, or misapplication.

3.2 No Other Warranties. EXCEPT AS PROVIDED IN SECTION 3.1, THIS SOFTWARE PRODUCT IS PROVIDED "AS-IS"; LITESPEED MAKES NO OTHER REPRESENTATIONS OR WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, OR FIT FOR A PARTICULAR PURPOSE.

3.3 Software Changes. LITESPEED reserves the right at any time not to release or to discontinue release of any SOFTWARE PRODUCTS and to alter prices, features, specifications, licensing terms, release dates, general availability, or other characteristics of the SOFTWARE PRODUCT. LITESPEED has no obligation to notify You of any changes of the SOFTWARE PRODUCT or any other products or programs.

4. LIMITATION OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LITESPEED BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR DATA, BUSINESS INTERRUPTION, OR ANY OTHER TANGIBLE OR INTANGIBLE PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF LITESPEED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LITESPEED IS NOT LIABLE FOR THE CONTENT OF ANY WEB SITES POWERED WITH OUR SOFTWARE.

5. DATA PROTECTION AND GDPR COMPLIANCE.

LITESPEED agrees to deal with personal data relevant to your end-users in accordance with applicable data protection laws and regulations and the following: (a) with respect to personal data provided in connection with sales and marketing activities or use of LITESPEED websites, the LiteSpeed Privacy Policy at https://www.litespeedtech.com/company/privacy-policy ; and (b) with respect to any personal information of European Union residents processed in connection with the SOFTWARE PRODUCT, the GDPR Statement included within the aforementioned Privacy Policy. You agree to provide any notices and obtain any consent necessary for LITESPEED to access and process personal and other data as specified in this Agreement. The Privacy Policy, and the GDPR Statement are incorporated herein by reference.

6. TERMINATION.

This EULA shall be effective from the date You download, install or otherwise use the SOFTWARE PRODUCT. This EULA will terminate immediately without notice from LITESPEED if you fail to comply with any provision of this EULA. Upon Termination, you must destroy all copies of the SOFTWARE PRODUCT. You may terminate this EULA at any time by destroying all copies of the SOFTWARE PRODUCT.

7. SEVERABILITY.

If any provision of this EULA is held unenforceable, this EULA shall remain in effect with the provision reformed to the extent necessary to make it enforceable, unless to do so would frustrate the intent of the parties, in which case the EULA will immediately terminate.

8. GOVERNING LAW.

This EULA shall be governed and be construed by the laws of state of New Jersey and controlling U.S. federal law.

9. EXPORT RESTRICTIONS.

The SOFTWARE PRODUCT may be subject to U.S. export laws or regulations and/or export or import regulations in other countries. Each party shall comply fully with all such laws and regulations to the extent applicable and further acknowledges its responsibility to obtain such licenses to export or import as may be required.

10. U.S. GOVERNMENT.

If any SOFTWARE PRODUCT is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government's rights in SOFTWARE PRODUCT and accompanying documentation shall be only as set forth in this EULA.

Privacy Policy

Privacy Policy

LiteSpeed Technologies, Inc. (aka “LiteSpeed”) is committed to protecting your privacy. This policy ("Privacy Policy" or "Policy") explains our practices for our site, www.litespeedtech.com ("Site"). You can visit most pages of the Site without giving us any information about yourself, but sometimes we do need information to provide services that you request. By using this Site or any products or services provided through the Site, you expressly consent to the use and disclosure of information as described in this Privacy Policy.

LiteSpeed reserves the right to revise, modify, add, or remove provisions to this Privacy Policy at any time. If we make changes to this Privacy Policy, we will update the Effective Date to note the date of such changes. LiteSpeed encourages you to review this Privacy Policy periodically for any changes. IF YOU DO NOT AGREE WITH ANY OF THE TERMS BELOW, YOU SHOULD NOT USE THIS SITE OR THE PRODUCTS OR SERVICES OFFERED BY LITESPEED TECHNOLOGIES AT THIS SITE.

Collection of Information

Personal Information.

LiteSpeed will ask you for certain “Personal Information” when you complete registration or product information request forms on the Site, including but not limited to your name, address, telephone number, email address, and credit card information. You can always choose not to provide us with the requested information, however, you may not be able to complete the transaction or use our products or services if you do not provide the information requested.

Non-Personal Information.

LiteSpeed may collect non-personally identifiable information from you such as the type of browser you use, your operating system, the screen resolution of your browser, your ISP, your IP address, which pages you view on the Site and the time and duration of your visits to the Site (collectively, “Non-Personal Information”). LiteSpeed may associate Non-Personal Information with Personal Information if you register with the Site.

User Communications.

If you communicate with us, we may collect information relating to that communication whether it takes the form of email, fax, letter, forum posting, blog comments, testimonials or any other form of communication between you and LiteSpeed or Submitted by you to the Site (collectively, “User Communications”).

Server Information.

If you use one of our software products such as LiteSpeed Web Server or LiteSpeed Web ADC, we may collect certain information concerning such software and concerning the server upon which the software operates. This information includes: (a) the licensed or unlicensed status of the software; (b) the source from which the license for the software was obtained (i.e., LiteSpeed or a LiteSpeed affiliate); or (c) information about the server upon which the software is installed including (i) the public IP address, (ii) the operating system and (iii) the use of any virtualization technologies on such server ((a) through (c) collectively, “Server Information”). Additionally, “Server Information” may also include information collected from you by LiteSpeed in the event that you request technical support services including without limitation, IP addresses, usernames, and passwords necessary to login to SSH, the root directory of the server upon which you installed the LiteSpeed software and any affected accounts including email accounts, control panel accounts, MySQL accounts, CMS accounts and other accounts.

Use and Storage of Collected Information

LiteSpeed may use Personal Information to create and authenticate your account, to respond to your requests, to provide you with customer and technical support, or to provide you with information regarding our products, services, partners, and company. You may update your Personal Information with us at any time, but we may maintain records of any Personal Information you disclose to us indefinitely, unless otherwise requested as outlined below.

We may use User Communications in the same ways we use Personal Information. If you communicate with us for a particular purpose, we may use your User Communications for that purpose. For example, if you contact us for technical support, we may use your communications to provide technical support to you. We may maintain records of User Communications you transmit to us indefinitely, unless otherwise requested as outlined below.

LiteSpeed may use Non-Personal Information to maintain, evaluate, improve and provide our Site, the Services and any other LiteSpeed products and services. We may retain Non-Personal Information indefinitely.

We may use Server Information to provide you with technical support services and to maintain, evaluate, improve and provide LiteSpeed products and services. We may also use such information to investigate unlicensed (and therefore unauthorized) uses of our software. LiteSpeed may maintain Server Information indefinitely, with the exception of usernames, passwords, and other login information given in connection with support service requests. Such login information will be purged when the ticket is closed.

Disclosure of Collected Information

LiteSpeed will only disclose Personal Information to third parties if acting under a good faith belief that such action is necessary, including but not limited to: (a) to resolve disputes, investigate problems, or comply with laws or regulations; (b) to enforce our Terms of Service; (c) to protect and defend the rights, property, or safety of our company or our users; or (d) in the event of a merger, acquisition or sale of all or substantially all LiteSpeed assets. Other than this limited activity, we do not share, sell, or rent any personal information to third parties.

You will receive notice in the form of modifications to this Policy when information about you might go to third parties other than as described in this Policy, and you always have the opportunity to contact us as set forth below if you do not wish your information to go to third parties.

LiteSpeed cannot be responsible for protecting your information if you share such information in publicly available sections of the Site such as the user forums, blog comments, or testimonials section. You should use your own judgment in disclosing this information on the Site.

Use of Cookies

“Cookies” are small pieces of information that your browser stores on your computer on behalf of a website that you have visited. Cookies may be used in order to complete transactions on our site. You can always choose not to accept cookies with the settings of your web browser, however, you may not be able to complete these transactions if you do not accept cookies.

Security of Personal Information

We use reasonable security methods to protect your personal information from unauthorized access, use or disclosure. No data transmission over the Internet or any wireless network can be guaranteed to be perfectly secure. While we try to protect your personal information, we cannot guarantee the security of any information you transmit to us, and you do so at your own risk.

LiteSpeed uses industry-standard SSL-encryption to protect sensitive data.

In the event that LiteSpeed becomes aware of a security breach, unauthorized disclosure or inadvertent disclosure concerning your information, you agree that LiteSpeed may notify you of such an event using the Personal Information previously provided.

You are responsible for maintaining your account’s security.

GDPR Statement

LiteSpeed Technologies values your users’ privacy. Although our software does not directly collect any personally identifiable information from visitors to your site, LiteSpeed may still be considered a data processor, as user information may be temporarily cached and/or logged, as outlined in this document.

Servers

LiteSpeed Web Server, OpenLiteSpeed, LiteSpeed Web ADC, and related software may record IP addresses as a part of normal logging. An access log and an error log may record visitor IP addresses and URL visited. The logs are stored locally on the system where LiteSpeed server software is installed and are not transferred to or accessed by LiteSpeed employees in any way, except as necessary in providing routine technical support if you request it. This logging may be turned off through configuration. It is up to individual server administrators to come up with their own schedule for removing such logs from the file system.

Cache Solutions

Our cache plugins potentially store a duplicate copy of every web page on display on your site. The pages are stored locally on the system where LiteSpeed server software is installed and are not transferred to or accessed by LiteSpeed employees in any way, except as necessary in providing routine technical support if you request it. All cache files are temporary, and may easily be purged before their natural expiration, if necessary, via a Purge All command. It is up to individual site administrators to come up with their own cache expiration rules.

LSCache for WordPress

In addition to caching, our WordPress plugin has an Image Optimization feature. When optimization is requested, images are transmitted to a remote LiteSpeed server, processed, and then transmitted back for use on your site. LiteSpeed keeps copies of optimized images for 7 days (in case of network stability issues) and then permanently deletes them.

Similarly, the WordPress plugin has a Reporting feature whereby a site owner can transmit an environment report to our server so that we may better provide technical support.

Neither of these features collects any visitor data. Only server and site data is involved.

Support Services

Sometimes, when you request technical support, LiteSpeed may ask for login credentials to various areas of your site. You may refuse to share such credentials, however refusal may impact LiteSpeed’s ability to provide the requested support services.

Upon completion of a support ticket, LiteSpeed immediately deletes all login credentials you may have shared.

Any user data encountered by LiteSpeed is kept strictly confidential. We never provide your support ticket information to any third party without your explicit consent.

Contact Us

If you would like to update information that you have voluntarily provided to us, stop receiving information from us, or exercise any of the rights granted to you under Privacy Laws, including the EU’s General Data Protection Regulation, please e-mail info@litespeedtech.com.