Web Speed Accelerator 1.03


EULA - End User License Agreement



TERMS AND CONDITIONS OF USE OF WEBSPEEDACCELERATOR.COM SOFTWARE ("AGREEMENT")
PLEASE READ THE FOLLOWING AGREEMENT WHICH GOVERNS YOUR USE OF THE JET SPY LIGHT
("SOFTWARE"). IF YOU AGREE TO THE TERMS AND CONDITIONS, CLICK ON THE LINK MARKED
"I ACCEPT" BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, CLICK ON THE
LINK MARKED "I DECLINE" BELOW.
1. 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 accept"
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 Jet Spy Light as delivered to Licensee by Present Owner Of
Record Of "WWW.WEBSPEEDACCELERATOR.COM" (hereinafter "WEBSPEEDACCELERATOR.COM") hereunder.

2. Delivery and Payment. The parties shall agree to any and all payments required by
WEBSPEEDACCELERATOR.COM for use of the Software at the time of acceptance of the terms
and conditions of this Agreement by Licensee.

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

4. Use of the Software.

4.1 Licensee acknowledges that this software is for use on computers using Microsoft
Windows Software only.

4.2 Licensee shall not make any copies of this software, one license per computer,
if you wish to install on multiple computers, additional copies must be
purchased.

4.3 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.

4.4 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 WEBSPEEDACCELERATOR.COM, 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.

4.5 Licensee will not export or re-export the Software. Licensee may not use the Software
outside of the United States without WEBSPEEDACCELERATOR.COM's prior written consent.

5. Limited Warranty.

5.1 THE SOFTWARE IS PROVIDED TO LICENSEE "AS IS" AND WITHOUT ANY WARRANTY WHATSOEVER.
WEBSPEEDACCELERATOR.COM 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. WEBSPEEDACCELERATOR.COM MAKES NO WARRANTY THAT THE OPERATION OF THE
SOFTWARE WILL BE ERROR FREE OR WITHOUT INTERRUPTION.

5.2 ANY SECURITY BREACHES OR DELAYS IN DATA TRANSMISSIONS RELATED TO THE SOFTWARE ARE AT
LICENSEE'S SOLE RISK, AND WEBSPEEDACCELERATOR.COM, ITS SUPPLIERS, OWNERS, AFFILIATES, AND LICENSORS
HEREBY DISCLAIM ANY LIABILITY AS TO SAME. WEBSPEEDACCELERATOR.COM is not liable for any lawsuits
which may arrise from the use of this software. WEBSPEEDACCELERATOR.COM has ZERO Liability
towards any claim, under any theory whatsoever. WEBSPEEDACCELERATOR.COM will only be liable
for the purchase price of the software license, royalties excluded.

5.3 WEBSPEEDACCELERATOR.COM is not liable for any damage caused by running the Software on
any computer, even when configuration of hardware is followed.

6. Limitation of Liability. ALL CLAIMS CONCERNING PERFORMANCE OR NONPERFORMANCE OF
WEBSPEEDACCELERATOR.COM SOFTWARE 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 WEBSPEEDACCELERATOR.COM BY LICENSEE HEREUNDER FOR USE OF THE SOFTWARE.
IN NO EVENT SHALL WEBSPEEDACCELERATOR.COM 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 WEBSPEEDACCELERATOR.COM 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.

7. 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 WEBSPEEDACCELERATOR.COM.
Licensee acknowledges that no copies may be made of the Software
or any part thereof, except as specifically permitted herein.

8. Protection of Software.

8.1 Licensee acknowledges that WEBSPEEDACCELERATOR.COM 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
WEBSPEEDACCELERATOR.COM. Licensee further acknowledges that WEBSPEEDACCELERATOR.COM
represents that the Software and the applicable documentation, including the
source and object codes, logic, and structure, constitute valuable trade
secrets of WEBSPEEDACCELERATOR.COM.

8.2 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 WEBSPEEDACCELERATOR.COM to any third party on any
basis, or utilize any of the trade secrets for any purpose not explicitly authorized
by WEBSPEEDACCELERATOR.COM at any time whatsoever. Licensee agrees to secure and protect
the Software consistent with the maintenance of WEBSPEEDACCELERATOR.COM'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 WEBSPEEDACCELERATOR.COM. By accepting
this License, Licensee does not become the owner of the Software; WEBSPEEDACCELERATOR.COM
retains all right, title and interest in and to the Software.

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

9. Term and Termination.

9.1 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.
WEBSPEEDACCELERATOR.COM reserves the right to terminate this Agreement for any reason.
Notwithstanding the foregoing, this Agreement shall terminate immediately upon notice
from WEBSPEEDACCELERATOR.COM 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 WEBSPEEDACCELERATOR.COM in accordance with paragraph 9.2 hereinbelow.

9.2 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
WEBSPEEDACCELERATOR.COM the Software and all materials furnished by WEBSPEEDACCELERATOR.COM
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 WEBSPEEDACCELERATOR.COM
or have been destroyed.

10. General.

10.1 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.

10.2 Neither WEBSPEEDACCELERATOR.COM 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.

10.3 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.

10.4 In the event that any provision of this Agreement shall be illegal or otherwise
unenforceable, 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. WEBSPEEDACCELERATOR.COM 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.

10.5 Upon reasonable prior notice, WEBSPEEDACCELERATOR.COM 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.

10.6 This Agreement shall be governed by the laws of the State of Delaware and shall inure
to the benefit of WEBSPEEDACCELERATOR.COM's Owner Of Record, its successors and assigns.

10.7 www.WEBSPEEDACCELERATOR.COM



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Users Rating:  
  5.0/5     2
Downloads: 1,154
Updated At: 2024-04-22
Publisher: Web Speed Accelerator
Operating System: linux, windows
License Type: Free Trial