FXSINUS SOFTWARE LICENSE AGREEMENT
LICENSOR IN THIS DOCUMENT REFERS TO FXSINUS. LICENSOR'S PROGRAM IS COPYRIGHTED AND LICENSED (NOT SOLD). LICENSOR DOES NOT SELL OR TRANSFER TITLE TO THE LICENSED PROGRAM TO YOU.
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1. License Grant. Licensor hereby grants to you, and you accept, a nonexclusive license to use the downloaded computer programs, collectively referred to as the "Software", and any accompanying User Documentation, only as authorized in this License Agreement. The Software may be used and modified for use on any "Single Website" owned by Licensee, or if Licensee is a company or corporation, any Single Website owned by Licensee company or corporation. A Single Website is defined appearing on at most one domain name. You agree that you will not assign, sublicense, transfer, pledge, lease, rent, or share your rights under this License Agreement.
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Upon loading the Software into your computer, you may make a copy of the Software for backup purposes. You may make one copy of any User's Manual provided for backup purposes. Any such copies of the Software or the User's Manual shall include Licensor's copyright and other proprietary notices. Except as authorized under this paragraph, no copies of the Program or any portions thereof may be made by you or any person under your authority or control.
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Free technical support is provided via email and the forum for half a year from the date of entering this License Agreement. Should you choose to modify the Software for use on your site, we may choose at our sole discretion to void the technical support. The remainder of this agreement will remain enforced. MODIFYING THE SOFTWARE FOR USE ON YOUR SITE IS DONE AT YOUR OWN RISK and we will be unable to help you debug, fix or correct any of your alterations. Please note that modification of our Software may make it much more difficult to upgrade with any releases we offer in the future.
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2. License Fees. The license fees paid by you are paid in consideration of the licenses granted under this License Agreement. You are solely responsible for payment of any taxes (including sales or use taxes, intangible taxes, and property taxes) resulting from your acceptance of this license and your possession and use of the Licensed Program, exclusive of taxes based on Licensor's income. Licensor reserves the right to have you pay any such taxes as they fall due to Licensor for remittance to the appropriate authority. You agree to hold harmless Licensor from all claims and liability arising from your failure to report or pay such taxes.
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3. Term. This License Agreement is effective upon dowloading the Software.
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4. Limited Warranty. Licensor warrants, for your benefit alone, that the Licensed Program conforms in all material respects to the specifications for the current version of the Licensed Program. This warranty is expressly conditioned on your observance of the operating, security, and data-control procedures set forth in the User's Manual included with the Licensed Program.
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EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, LICENSOR DISCLAIMS ANY AND ALL PROMISES, REPRESENTATIONS, AND WARRANTIES WITH RESPECT TO THE LICENSED PROGRAM, INCLUDING ITS CONDITION, ITS CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, ANY NEGLIGENCE, AND ITS MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE.
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5. Limitation of Liability. Licensor's cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed half of the license fee paid to Licensor for the use of the Program. In no event shall Licensor be liable for any indirect, incidental, consequential, special, or exemplary damages or lost profits, even if Licensor has been advised of the possibility of such damages.
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6. Proprietary Protection. Licensor shall have sole and exclusive ownership of all right, title, and interest in and to the Licensed Program and all modifications and enhancements thereof (including ownership of all trade secrets and copyrights pertaining thereto), subject only to the rights and privileges expressly granted to you herein by Licensor. This Agreement does not provide you with title or ownership of the Licensed Program, but only a right of limited use. You must keep the Licensed Program free and clear of all claims, liens, and encumbrances.
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7. Restrictions. You may not use, copy, modify, or distribute the Licensed Program (electronically or otherwise), or any copy, adaptation, transcription, or merged portion thereof, except as expressly authorized by Licensor. Your rights may not be transferred, leased, assigned, or sublicensed except for a transfer of the Licensed Program in its entirety to (1) a successor in interest of your entire business who assumes the obligations of this Agreement or (2) any other party who is reasonably acceptable to Licensor, enters into a substitute version of this Agreement, and pays an administrative fee intended to cover attendant costs. If you use, copy, or modify the Licensed Program, except as expressly authorized by Licensor, or if you transfer possession of any copy, adaptation, transcription, or merged portion of the Licensed Program to any other party in any way not expressly authorized by Licensor, your license is automatically terminated.
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8. Injunctive Relief. You acknowledge that, in the event of your breach of any of the foregoing provisions, Licensor will not have an adequate remedy in money or damages. Licensor shall therefore be entitled to obtain an injunction against such breach from any court of competent jurisdiction immediately upon request. Licensor's right to obtain injunctive relief shall not limit its right to seek further remedies.
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