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 or to host pornographic
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.
License registration includes 1 month of Email Support and 1 year of
Upgrades. After 1 year, registered users may continue using their current
version. Additional Support and Upgrade services can be purchased
separately by registered users.
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
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.
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.
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.
7. GOVERNING LAW.
This EULA shall be governed and be construed by the laws of state of New
Jersey and controlling U.S. federal law.
8. 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.
9. 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.