WebTransporter 3.5


EULA - End User License Agreement



WebTransporter
TERMS AND CONDITIONS OF USE OF WEBTRANSPORTER SOFTWARE ("AGREEMENT")

PLEASE READ THE FOLLOWING AGREEMENT WHICH GOVERNS
YOUR USE OF THE WEBTRANSPORTER COMPUTER SOFTWARE ("SOFTWARE").
IF YOU AGREE TO THE TERMS AND CONDITIONS, CLICK ON THE LINK MARKED "I
AGREE" BELOW. IF YOU DO NOT AGREE TO THE TERMS AND
CONDITIONS, CLICK ON THE LINK MARKED "I DECLINE" BELOW.
Grant of License. By reviewing the terms and conditions set forth
herein and accepting the terms and conditions set forth herein by clicking on
the "I agree" link below, I, as licensee, and any and all representatives
acting as a licensee herein (hereinafter "Licensee"), accept a
nontransferable, nonexclusive right to use the Software as set forth
herein. As used in this Agreement, "Software" means the object code
version of RealSofts as delivered to Licensee (hereinafter "RealSofts") hereunder.
1. RealSofts assumes no liability and is not responsible for any misuse
or damage caused by this software product. It is the software user's responsibility
to obey all applicable local, state, federal and individual countries laws and terms.

2. Title. All right, title and interest in and to the Software and all copies
thereof, including all copyrights subsisting therein, shall remain vested in RealSofts.

3. Use of the Software.

3.1 Licensee acknowledges that this software is for use on computers
using Microsoft Windows 95/98/ME or greater including 2000, XP and
NT only. Licensee further acknowledges that fully functional use
of the Software requires the separate purchase of a key (codes and
passwords, etc.) which Licensee may purchase from RealSofts.
Licensee further acknowledges that the Software may contain devices
that enable RealSofts to disable the Software remotely if
RealSofts deems it necessary.

3.2 Licensee shall not make any copies of this software, other than for
use on one computer owned and operated only by the Licensee. Each
installation will require a separate purchase. To install on more than one
computer system license is required to purchase separate licensed
copies. Licensee shall not distribute this software to others.

3.3 Licensee shall use the Software only in its original form, and shall
not modify, create any derivative works from, or otherwise use the Software
except as specifically permitted in this Agreement. Nor shall Licensee
reverse compile, reverse engineer, disassemble, translate, or otherwise
attempt to discover the structural framework of or derive the source
code for the Software.

3.3 Licensee has the right on free updates during 6 mouths.
After the expiry of this term you can get each update with the discount 50%.

3.5 Licensee acknowledges and understands that neither this
Agreement nor Licensee's rights to use the Software as a result of this
Agreement may be assigned, licensed, pledged, or otherwise
transferred voluntarily, by operation of law, or otherwise, without the
prior written consent of RealSofts, and any such prohibited assignment
shall be null and void. Any dissolution, merger, consolidation or other
reorganization of Licensee, or the sale of a controlling interest of Licensee
or of a majority of its assets, shall be deemed an assignment subject to the provisions
herein.
4. Limited Warranty.

4.1 THE SOFTWARE IS PROVIDED TO LICENSEE "AS IS" AND
WITHOUT ANY WARRANTY WHATSOEVER. RealSofts
HEREBY DISCLAIMS ALL OTHER WARRANTIES AND
CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING, BUT NOT
LIMITED TO, ANY IMPLIED AND/OR STATUTORY WARRANTIES OF
MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A
PARTICULAR PURPOSE, AS WELL AS ANY IMPLIED AND/OR
STATUTORY WARRANTIES ARISING FROM THE COURSE OF
PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE,
AND LICENSEE HEREBY WAIVES ALL OTHER RIGHTS,
OBLIGATIONS AND/OR WARRANTIES, AND ASSUMES ALL RISKS
AND LIABILITIES IN RESPECT THEREOF. RealSofts MAKES
NO WARRANTY THAT THE OPERATION OF THE SOFTWARE
WILL BE ERROR FREE OR WITHOUT INTERRUPTION.

4.2 ANY SECURITY BREACHES OR DELAYS IN DATA
TRANSMISSIONS RELATED TO THE SOFTWARE ARE AT
LICENSEE'S SOLE RISK, AND RealSofts, ITS SUPPLIERS
AND LICENSORS HEREBY DISCLAIM ANY LIABILITY AS TO SAME.
RealSofts is not liable for any lawsuits which may arise from the
use of this software.

4.3 RealSofts is not liable for any damage caused by running
the Software on other than the recommended hardware configuration.

5. Limitation of Liability. ALL CLAIMS CONCERNING PERFORMANCE
OR NONPERFORMANCE OF RealSofts PURSUANT TO, OR
IN ANY WAY RELATED TO, THE SUBJECT MATTER OF THIS
AGREEMENT SHALL BE LIMITED TO ACTUAL DAMAGES ONLY,
UP TO, BUT NOT EXCEEDING, THE AMOUNT PAID TO RealSofts BY
LICENSEE HEREUNDER FOR USE OF THE SOFTWARE. IN NO
EVENT SHALL RealSofts BE LIABLE FOR ANY LOSS OF USE, DATA OR
PROFITS OR INDIRECT, SPECIAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION IN
CONTRACT OR TORT, EVEN IF RealSofts HAS BEEN SPECIFICALLY ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. NO ACTION,
REGARDLESS OF FORM, ARISING OUT OF THE TRANSACTIONS
UNDER THIS AGREEMENT MAY BE BROUGHT BY LICENSEE MORE THAN ONE
(1) YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED.

6. Proprietary Rights. The Software is copyrighted material under the
laws of the United States and international treaty provisions.
Notwithstanding the copyright, the Software contains trade secrets and
confidential information of RealSofts. Licensee acknowledges
that no copies may be made of the Software or any part thereof, except
as specifically permitted herein.

7. Protection of Software.

7.1 Licensee acknowledges that RealSofts represents that the
Software and the applicable documentation and all copies thereof,
regardless of the form or media in which the original or copies may exist,
are the sole and exclusive property of RealSofts. Licensee
further acknowledges that RealSofts represents that the Software and
the applicable documentation, including the source and object codes,
logic, and structure, constitute valuable trade secrets of RealSofts.

7.2 Licensee further acknowledges that RealSofts is engaged in
activities that involve, and continue to involve, the use of skilled
experts and the expenditure of substantial amounts of time and money. Except
as expressly permitted herein, Licensee agrees to hold in confidence
and not directly or indirectly use, copy, reveal, report, publish, disclose,
transfer, or otherwise make available any part of the Software or trade
secrets of RealSofts to any third party on any basis, or utilize any
of the trade secrets for any purpose not explicitly authorized by RealSofts
at any time whatsoever. Licensee agrees to secure and
protect the Software consistent with the maintenance of RealSofts's
rights in the Software, as set forth herein. Licensee further acknowledges that
disclosure of the trade secrets, including the Software, contrary to the
terms set forth herein, would cause substantial loss of competitive
advantage and other serious injury to RealSofts. By accepting
this License, Licensee does not become the owner of the Software;
RealSofts retains all right, title and interest in and to the
Software.

7.3 Because of the unique nature of the trade secrets, Licensee
understands and agrees that RealSofts will suffer irreparable
harm in the event that Licensee fails to comply with any of its
obligations under this Agreement and that monetary damages may be inadequate
to compensate RealSofts for such breach. Accordingly, Licensee
agrees that RealSofts will, in addition to any other remedies
available to it at law or in equity, be entitled to injunctive relief to
enforce the terms of this Section.

7.4 This section shall survive any termination or expiration of this
Agreement.

8. Term and Termination.

8.1 This Agreement is effective from the date on which Licensee
accepts this Agreement and shall remain in effect until terminated in accordance
with the terms of this Agreement. RealSofts reserves the right to
terminate this Agreement for any reason. Notwithstanding the
foregoing, this Agreement shall terminate immediately upon notice from RealSofts
if Licensee breaches any of its terms. Licensee may
terminate this Agreement at any time by discontinuing use of the
Software and providing notice to RealSofts in accordance with
paragraph 9.2
hereinbelow.

8.2 Upon any termination of this Agreement, Licensee shall immediately
discontinue use of the Software. Also, upon termination, Licensee shall
within 10 days: 1) deliver to RealSofts the Software and all
materials furnished by RealSofts or, in the alternative, destroy all
copies of the Software and materials, and 2) warrant in writing that all
copies thereof have been returned to RealSofts or have been
destroyed.

9. General.

9.1 This Agreement supersedes in full all prior discussions and
agreements between the parties relating to the Software, constitutes
the
entire Agreement between the parties relating to the Software, and may
be modified or supplemented only by a written document signed by an
authorized representative of each party.

9.2 Neither RealSofts nor Licensee shall be liable for delays in
any of its performance hereunder due to causes beyond its reasonable
control, including, but not limited to, acts of God, strikes, inability to
obtain labor or materials on time, or telecommunications failures.

9.3 No waiver of any breach of any provision of this Agreement shall
constitute a waiver of any prior, concurrent, or subsequent breach of
the
same, or any other provisions hereof, and no waiver shall be effective
unless made in writing and approved by an authorized representative of
each party.

9.4 In the event that any provision of this Agreement shall be illegal or
otherwise unforeseeable, such provision shall be severed and the
entire
Agreement shall not fail on account thereof and the balance of the
Agreement shall continue in full force and effect. RealSofts
reserves all rights not specifically granted herein. IT IS EXPRESSLY
UNDERSTOOD AND AGREED THAT EACH AND EVERY
PROVISION
OF THIS AGREEMENT WHICH PROVIDES FOR A LIMITATION OF
LIABILITY OR DISCLAIMER OF WARRANTIES IS INTENDED BY
THE PARTIES TO BE SEVERABLE AND INDEPENDENT OF ANY
OTHER PROVISION AND TO BE ENFORCED AS SUCH.

9.5 Upon reasonable prior notice, RealSofts shall have the right
to audit Licensee's use of the Software to ensure Licensee's
compliance with the terms and conditions of this Agreement.

9.6 This Agreement shall be governed by the laws of United States and
shall inure to the benefit of RealSofts, its

Copyright (c) RealSofts, All rights reserved.

Website: http://www.realsoftsco.com
Email: support@realsoftsco.com



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Users Rating:  
  4.0/5     1
Downloads: 165
Updated At: 2024-03-19
Publisher: RealSofts
Operating System: windows
License Type: Free Trial