Webster Pro DLL Company Site License Agreement

THIS SOFTWARE PRODUCT IS A PROPRIETARY PRODUCT OF HOME PAGE SOFTWARE AND IS PROTECTED BY COPYRIGHT LAWS. THE SOFTWARE IS LICENSED BY HOME PAGE SOFTWARE TO YOU FOR YOUR USE STRICTLY IN ACCORDANCE WITH THE FOLLOWING TERMS AND CONDITIONS. THIS AGREEMENT SUPERSEDES ANY PREVIOUS AGREEMENTS WITH HOME PAGE SOFTWARE.

LICENSE - YOU MAY:

1. Install the Webster Pro DLL release package (hereinafter referred to as the "Software") on one or more computers within a single site of your company, provided that this site is no larger larger than twenty five (25) miles in radius, for use by developers working for your company or on behalf of your company.

2. Distribute an unlimited number of copies of WebPro32.DLL (hereinafter referred to as the "Redistributable Components") as part of the application developed using the Software. The application must include proper attribution to Home Page Software near every occurrence of the application copyright notice. The attribution must state "Webster Pro DLL Copyright © 1995-2005 Home Page Software Inc.".

PROHIBITED USES - YOU MAY NOT:

3. Transfer this License to another party or disclose your Product Serial Number to another party.

4. Loan or rent the software or software documentation.

5. Otherwise transfer or use, copy or merge the software, in whole or in part, except as expressly permitted in this license.

6. Modify, decompile, disassemble, reverse engineer or translate the software.

7. Reproduce, modify or translate the software documentation.

8. Remove any proprietary notices, labels or marks on the software or software documentation.

9. Develop or distribute applications that provide direct access to the software’s programming interface.

10. Bundle the software with a development environment, or an operating system, or an embedded application or system.

11. Permit further redistribution of the Redistributable Components by your end-user customers.

IF YOU DO ANY OF THE FOREGOING, YOUR LICENSE AND THIS AGREEMENT ARE AUTOMATICALLY TERMINATED. SUCH TERMINATION SHALL BE IN ADDITION TO AND NOT IN LIEU OF ANY CRIMINAL, CIVIL, OR OTHER REMEDIES AVAILABLE TO HOME PAGE SOFTWARE.

TERM:

You may terminate your License and this Agreement at any time by destroying the Software and Software documentation together with all copies in any form. The License and this Agreement will also terminate automatically if you fail to comply with any term or condition of this Agreement, in which event you agree to destroy the Software and Software documentation together with all copies in any form, and to provide us upon our request with written certification of such destruction.

LIMITED WARRANTY/LIMITATION OF REMEDIES:

EXCEPT AS SPECIFICALLY STATED IN THIS AGREEMENT, THE SOFTWARE AND SOFTWARE DOCUMENTATION IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL HOME PAGE SOFTWARE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS OR REVENUES, LOSS OF DATA, BUSINESS INTERRUPTION LOSS, RECOVERY OR SUBSTITUTION COSTS, OR CLAIMS BY THIRD PARTIES, OR OTHER INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF HOME PAGE SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL HOME PAGE SOFTWARE' LIABILITY EXCEED THE AMOUNT OF THE LICENSE FEE PAID BY YOU FOR THE SOFTWARE.

This limited warranty gives you specific legal rights. Some jurisdictions provide other rights, and some jurisdictions do not allow the exclusion or limitation of implied warranties or limitation of liability for incidental or consequential damages. As a result, the above limitations and/or exclusions may not apply to you.

U.S. GOVERNMENT RESTRICTED RIGHTS:

The Software and Software documentation are provided with Restricted and Limited Rights. Use, duplication or disclosure by the Government is subject to restrictions as set forth in DFAR §252.227-7013(c)(1)(ii) or FAR §2.227-19, as applicable, and additional restrictions set forth in this Agreement. Contractor/ Manufacturer is Home Page Software Inc, 1029 Franklin St., Santa Monica, CA 90403.

GENERAL:

This Agreement is governed by the laws of the State of California. The prevailing party in any action or proceeding brought in connection with a breach of this Agreement will be entitled to reimbursement by the other party for costs and reasonable attorneys' fees. Any questions concerning this Agreement should be referred in writing to Home Page Software Inc, 1029 Franklin St., Santa Monica, CA 90403.
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