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- OCEANTEK, INC. ADSHARK LICENSE AGREEMENT & LIMITED WARRANTY
-
-
- This legal document is an agreement between you, the end user,
- and OceanTek, Inc. By installing the program files, scripts or
- documentation, you agree to be bound by the terms of the Software
- License and Limited Warranty. If you do not agree to the terms
- presented in this agreement, DO NOT OPEN OR INSTALL the product.
-
- COPYRIGHT
- This Software is protected by the copyright laws of the United States
- and international copyright treaties. Unauthorized copying of the
- Software, including executable files, scripts and documentation either
- in their original or modified form, is expressly forbidden. You may
- be held legally responsible for any copyright infringement which has
- been encouraged or caused by the failure to abide by the terms of this
- License. This license and your right to use the product terminate
- automatically if you violate any part of this agreement. In the event of
- termination, you must immediately destroy all copies of the product or
- return them to OceanTek, Inc.
-
- GRANT OF LICENSE
-
- If you are using the Software free of charge, the following grant applies:
-
- OceanTek, Inc. grants you a license to use its accompanying Software free
- of charge. You may not: modify, translate, reverse engineer, decompile,
- disassemble (except to the extent applicable laws specifically prohibit
- such restriction) the compiled executable code included in the Software;
- redistribute derivative works based on the Software; copy the Software;
- rent, lease, transfer or otherwise transfer right to the Software; or remove
- any proprietary notices or labels on the Software. You are not entitled
- to product support or assistance.
-
- If you have purchased a single domain license from OceanTek, Inc., the
- following grant applies:
-
- Subject to payment of applicable license fees, OceanTek, Inc. hereby
- grants to you a license to use its accompanying Software product on
- one web site, defined as the collection of HTML documents, scripts,
- application and executable files accessible via HTTP on a single computer,
- and at a single network address (URL). You may use the Software on any
- number of pages or scripts within the single web site. The Software is
- licensed as a single product. Its component parts may not be separated
- for use on more than one web site. One back up copy of the Software may
- be made. You may not: permit other individuals to use the Software except
- under the terms listed above and any such use would be limited to the
- original single web site specified above; modify, translate, reverse
- engineer, decompile, disassemble (except to the extent applicable laws
- specifically prohibit such restriction) the compiled executable code
- included in the Software; redistribute derivative works based on the
- Software; copy the Software (except as specified above); rent, lease,
- transfer or otherwise transfer right to the Software; or remove any
- proprietary notices or labels on the Software. You are entitled to to
- product support via electronic mail for issues pertaining to the installation,
- setup and general use of the software, for a period of ninety (90) days from
- the date of purchase.
-
- If you have purchased a multiple domain, single server license from
- OceanTek, Inc., the following grant applies:
-
- Subject to payment of applicable license fees, OceanTek, Inc. hereby
- grants to you a license to use its accompanying Software product on
- one web server, defined as the single physical server or personal computer
- accessible via HTTP. You may use the Software on any number of
- virtual domains, pages or scripts hosted on the single server. The Software
- is licensed as a single product. Its component parts may not be separated
- for use on more than one web site. One back up copy of the Software may
- be made. You may not: permit other individuals to use the Software except
- under the terms listed above and any such use would be limited to the
- original single web site specified above; modify, translate, reverse
- engineer, decompile, disassemble (except to the extent applicable laws
- specifically prohibit such restriction) the compiled executable code
- included in the Software; redistribute derivative works based on the
- Software; copy the Software (except as specified above); rent, lease,
- transfer or otherwise transfer right to the Software; or remove any
- proprietary notices or labels on the Software. You are entitled to to
- product support via electronic mail for issues pertaining to the installation,
- setup and general use of the software, for a period of ninety (90) days from
- the date of purchase.
-
- TERMINATION
- The license will terminate automatically if you fail to comply with the
- limitations described herein. On termination, you must destroy all copies
- of the Software and Documentation, or return them to OceanTek, Inc.
-
- LIMITED WARRANTY
-
- If you are using the Software free of charge, the following warranty applies:
-
- OCEANTEK INC. MAKES NO WARRANTY EXPRESS OR IMPLIED, AS TO ANY
- MATTER WHATSOEVER, INCLUDING ANY WARRANTY OF MERCHANTIBILITY
- OR FITNESS FOR A PARTICULAR PURPOSE.
-
- If you have purchased a single domain, or multiple domain, single server
- license from OceanTek, Inc., the following warranty applies:
-
- You assume all responsibility for the selection of the Software as
- appropriate to achieve the results you intend. Due to the complex nature
- of the computer Software, OceanTek, Inc. does not warrant that the
- Licensed Programs are completely error free, will operate without
- interruption, or are compatible with all equipment and Software
- configurations. You expressly assume all risk for use of the Software.
- Repair, replacement or refund (at the option of OceanTek, Inc.) is the
- exclusive remedy. If you have purchased a license, OceanTek, Inc.
- warrants that the Software shall perform substantially as described
- in its documentation for a period of thirty (30) days from the date of
- purchase. This Limited Warranty is void if the noncompliance has
- resulted from accident, abuse, neglect, or misapplication.
-
- LIMITATION OF LIABILITY
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, SHALL
- OCEANTEK, INC. OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY
- OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
- DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS
- OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND
- ALL OTHER COMMERCIAL DAMAGES OR LOSSES ARISING OUT OF THE USE OF OR
- INABILITY TO USE THE SOFTWARE, EVEN IF OCEANTEK INC. HAS BEEN ADVISED
- OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow the exclusion
- or limitation of incidental or consequential damages, so this limitation
- may not apply to you.
-
- VENUE
- Each party submits to the jurisdiction and venue of any New York State
- or federal court generally serving the New York County area with respect
- to the subject matter of this license.