This is a contract. By opening this package, you accept all the terms and conditions of this agreement. If you do not agree with the terms and conditions of this agreement, return the package to Global Internet Management Corporation (GIM) or the location where you obtained it.
This package contains software (software) and related explanatory written materials (documentation). The term Software shall also include any upgrades, modified versions, updates, additions, and copies of the software licensed to you by Global Internet Management. Global Internet Management grants to you a nonexclusive license to use the software and documentation, provided that you agree to the following:
- Use of the software. You may install the software in a single location on a hard disk or other storage device of up to the number of computers indicated in the purchase agreement. Provided the software is configured for network use, install and use the software on single file server for use on a single local area network for either (but not both) of the following purposes:
- Permanent installation onto a hard disk or other storage device of up to the permitted number of computers; or
- Use of the software over such network, provided the number of different computers on which the software is used does not exceed the permitted number of computers. Make one backup copy of the Software. Provided your backup copy is not installed and being used on any computer.
Copyright. The software is owned by Global Internet Management Corp. Its supplier, its structure, organization and code are the valuable trade secrets of Global Internet Management Corp. and suppliers. The software is also protected by United States copyright Law and International Treaty provisions. You must treat the software just as you would any other copyrighted materials such as a book. You may not copy the software or the documentation. Except as set forth in the above Use of the software section. Any copies that appear on or in the software;you agree not to modify, adapt, translate, reverse engineer, decompose, and disassemble or otherwise attempt to discover the source code of the Software. Such use of any trademark does not give you any rights of ownership in that trademark. Except as stated above, this agreement does not grant you any intellectual property rights in the software.
Transfer. You may not rent, lease, sub-license or lend the software or documentation. You may, however, transfer all your rights to use the software to another person or legal entity provided that you transfer this agreement, the software, including all copies, updates and prior versions, and all documentation to such person or entity and that you retain no copies, including stored on a computer.
Multiple Environment Software/Multiple Language Software/Dual Media Software/Multiple Copies. If this package contains, or in connection with the acquisition of the software contained in this package, you receive two or more operating environment versions of the software (e.g., Macintosh and Windows), two or more language translation version of the software, the same Software on two or more media (e.g., diskettes and a CD- ROM), and you otherwise receive two or more copies of the Software, the total aggregate number of computers. You may not rent lease, sub-license, lend or transfer versions or copies of the software you do not use, or Software contained on any unused media, except as part of the permanent transfer of all Software Documentation as described above.
Limited Warranty. Global Internet Management Corp. warrants to you that the software will perform substantially in accordance with the documentation for ninety (90) day period following your receipt of the software. To make a warranty Claim, you must return the software to the location where you obtained it along with a copy of your sales receipt within such ninety (90) day period. If the Software does not perform substantially in accordance with the documentation, the entire and exclusive liability and remedy shall be limited to either, at Global Internet Management's option, the replacement of the software or the refund of the license fee you paid for the software.
GLOBAL INTERNET MANAGEMENT AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR GLOBAL INTERNET MANAGEMENT OR ITS SUPPLIER'S OR IMPLIED, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL GLOBAL INTERNET MANAGEMENT OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS. EVEN IF A GLOBAL INTERNET MANAGEMENT REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.
Some States or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages. Or the exclusion of implied warranties or limitation on how long an implied warrant may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties are limited to ninety (90) days. This warranty gives you specific legal rights. You may have other rights, which vary, from state to state or jurisdiction to jurisdiction.
For further warranty information please contact Global Internet Management's customer support department.
Governing law and general provisions. This agreement will be governed by the laws in force the state of Pennsylvania excluding the application of its conflicts of law rules. Provided this agreement will be governed by the United Nations convention on contracts for the international sale of goods. The application of which is expressly excluded. If any part of this Agreement, which shall remain valid and enforceable according to its country, is used in any other export law, restrictions or regulations. This agreement may only be modified in writing signed by an authorized officer of Global Internet Management.
Notice to Government End Users. If this product is acquired under the terms of a GSA Contact use, reproduction or disclosure is subject to the restriction set forth in the applicable ADP Schedule contract; DOD (1)(ii) of 25.227-7013; civilian agency contract and use, reproduction or disclosure is subject to 52.2 7-19 (a) through (d) and restrictions set forth in the accompanying end user agreement. Unpublished rights reserved under the copyright laws of the United States. Global Internet Management Corp. 2 Bala Plaza, Suite 603, Bala Cynwyd, PA 19004
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