(Updated - April, 2006)
BizIsite - BizNetz, Inc.
Software License Agreement
This software license agreement ("this
license") applies to the software
you are purchasing, using or installing
("the software"). Please read
this license carefully. By checking the
"Agree" box or continuing to
use the software, you are agreeing to
be bound by the terms of this license.
If you do not agree to the terms of this
license, uncheck the Agree button and
cease using the software. If you do not
agree to this license, you are not permitted
to install or use any software from BizNetz,
Inc.
1. You acknowledge that the copyright in the software and its associated documentation
is the property of BizNetz, Inc. ("BizNetz")
or BizNetz's third party suppliers. You
also acknowledge that "BizIsite" is a
trademark of BizNetz, Inc. The software
is licensed, not sold. BizIsite licenses
you to use the software on a non-exclusive
basis, on the terms of this license. Unless
otherwise agreed with BizIsite, you may
install and use one copy of the software
under this licence.
2. If BizIsite requires payment for installation
or use of the software, you must make
that payment within 30 days of installation
or first use of the software. This license
terminates, and you may not continue to
use the software, if you have not made
that payment within that 30 day period.
3. You may NOT modify, decompile, disassemble,
reverse engineer, or create derivative
works of the software or its transmission
protocols (except where permitted by law).
4. The software may contain faults, inaccuracies,
errors, defects and/or bugs that could
cause failure, incorrect operation, loss
of data/information, or damage to computers.
You agree that the use of the software
is at your own risk. You must regularly
backup all important data.
5. The software is not intended for use
in the operation of life support machines,
power plants, manufacturing plants, aircraft
or air traffic systems, or other equipment
in which the failure of the software could
lead to death, personal injury, or physical
or environmental damage.
6. Subject to clause 9, BizIsite provides
NO warranty or guarantee in relation to
the software. NO oral or written information
or advice given by BizIsite or a representative
of BizIsite will create such a warranty.
BizIsite does NOT guarantee or warrant
that:
(a) The software will be error-free or
fault-free or reliable, or otherwise of
merchantable quality.
(b) The software is suitable for a particular
purpose.
(c) The software will not damage or interfere
with other software or equipment.
(d) The software will meet your requirements.
(e) Defects in the software will be corrected.
(f) The software is secure.
7. Subject to clause 9, BizIsite is NOT
responsible or liable for any loss, cost,
injury or damages (including for loss
of profits, loss of data/information,
business interruption or any other direct,
indirect or consequential damages or losses)
caused by or related to the software,
or your use of, or inability to use, the
software. BizIsite's liability to you
(if any) in relation to the software is
limited to the amount you actually paid
for the software.
8. Subject to clause 9, BizIsite does
NOT make any warranty or representation
about the security of the software. If
the software includes encryption, BizIsite
does NOT guarantee that the encryption
will be secure or safe or unbreakable.
It is possible that the encryption algorithms
will be broken by a smart person or a
very fast computer, or that a flaw will
be discovered, or that the security will
be compromised in some other way.
9. Subject to this clause, BizIsite excludes
any terms which would otherwise be implied
into this agreement. If a term is implied
by law, and cannot be excluded, then BizIsite
limits its liability under such term to
the maximum extent allowed by law.
10. If the software includes the ability
to copy, duplicate or reproduce electronic
data or information, then you agree that
you will carefully monitor any data or
information that you copy / duplicate
/ reproduce and ensure that in doing so,
you do not infringe any copyright. You
will hold BizIsite harmless from any liability
to others resulting from your use of the
software.
11. You may terminate this license at
any time. Your rights under this license
will also terminate automatically without
notice from BizIsite if you fail to comply
with any term(s) of this license. Upon
termination of this license, you must
cease all use of the software and destroy
all copies of the software.
12. If any part of this license is declared
unenforceable by a court of law, the remainder
will continue in full force and effect.
13. This license is the entire agreement
between the parties and supersedes any
previous understandings. No modification
of this license will be binding unless
in writing and signed by representatives
of BizNetz, Inc.
14. This license will be governed by
the laws of North Carolina, USA.
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