Webster Pro Control Single User 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 Control release package or a subscription update package (together hereinafter referred to as the "Software") on one or more computers for the use of the single licensed individual, or, in the case where an entity is the licensee, for the use of a single individual designated by the entity as the licensed individual.

2. Distribute an unlimited number of copies of WebPro3.OCX, WebPr332.OCX, and WebPr316.OCX (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 Control Copyright © 1995-2005 Home Page Software Inc.".

3. Permanently transfer the Software together with this License to another party, but only if the other party agrees to accept the terms and conditions of this Agreement. If you transfer the Software and License, you must at the same time notify Home Page Software of the name and address of the transferee. You also must either transfer all copies, merged portions, upgrades and prior versions of the Software, together with all Software documentation, to the same party or destroy those not transferred. Any such transfer terminates your License.

PROHIBITED USES - YOU MAY NOT:

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 in a development environment.

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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