Web Hosting Terms & Conditions
This is a legal and binding agreement between you, the Customer, and
SOLUTION4ALL LIMITED. By using, installing or accessing the SOLUTION4ALL LIMITED
website, the Services and certain Products that are offered, as our Customer you
agree to all of the terms and conditions of this agreement. If you do not agree
to these terms, the Acceptable Use Policy or any other Terms and Conditions
posted on the SOLUTION4ALL LIMITED web site, all services will be discontinued,
activation of the account will cease and your account terminated.
END USER LICENSE AGREEMENT LICENSE GRANT.
Subject to the provisions contained herein and payment of applicable fees,
SOLUTION4ALL LIMITED hereby grants to you a non-exclusive, nontransferable,
license to use its accompanying proprietary software application products
offered on the SOLUTION4ALL LIMITED web site ("Software",) for your own use.
Such Software is protected by the SOLUTION4ALL LIMITED laws of the United States
and international SOLUTION4ALL LIMITED treaties.
RESTRICTED USE.
All rights not expressly granted herein are retained by SOLUTION4ALL LIMITED and
its licensors. Except as stated above, this Agreement does not grant the
Customer any intellectual property rights in the Software. Customer shall not
rent, lease, transfer or sublicense the Software. Customer shall not under any
circumstances nor shall Customer permit a third party to (i) decompile,
disassemble, reverse engineer or otherwise attempt to reconstruct or discover
the source code of the Software or (ii) prepare derivative of the Software or
(iii) remove any product identification, SOLUTION4ALL LIMITED, trademark or
other notice from the Software. Any such copy made by you shall be subject to
this Agreement and shall contain all of SOLUTION4ALL LIMITED's notices regarding
SOLUTION4ALL LIMITED's, trademarks and other proprietary rights as contained in
the Software originally provided to you. TITLE. The Software's organization,
structure, sequence, logic, and source code are valuable to the Company. Any and
all title, ownership rights, and intellectual property rights in and to the
Software and Documentation shall remain at any and all times in SOLUTION4ALL
LIMITED and/or its suppliers. Title, ownership rights, and intellectual property
rights in and to the content accessed through the Software is the property of
the applicable content owner and may be protected by applicable SOLUTION4ALL
LIMITED or other law. This License does not give Customer any rights to such
content. LIMITED WARRANTY. SOLUTION4ALL LIMITED warrants to the Customer, for a
period of ninety (90) days from the date of this agreement, installation of
Software, or use of services, whichever is earlier, that it will replace any
defective media on which the Software is provided and that the Software, if not
modified and if properly installed and used, will substantially conform to the
material specifications set forth in the documentation, Such warranties are for
the Customer's benefit only and are not transferable. SOLUTION4ALL LIMITED does
not warrant that the Software will operate error free or uninterrupted or will
meet your requirements. Except for the express warranties stated in this
section, the Software are licensed "as is" and SOLUTION4ALL LIMITED specifically
excludes and disclaims all warranties of merchantability, fitness for a
particular purpose, statutory noninfringement of third party intellectual
property rights and any warranty that may arise by reason of trade usage, custom
or course of dealing and Customer hereby expressly waives any and all such
warranties.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER LEGAL
RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION. LIMITATION OF
LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR
OTHERWISE, SHALL SOLUTION4ALL LIMITED OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO
YOU OR ANY OTIER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTFER
COMMERCIAL DAMAGES OR LOSSES, OR FOR ANY DAMAGES IN EXCESS OF SOLUTION4ALL
LIMITED'S LIST PRICE FOR A LICENSE TO THE SOFTWARE AND DOCUMENTATION, EYEN IF
SOLUTION4ALL LIMITED SHALL HAVE BEEN INFORMED OF TFE POSSIBILITY OF SUCH
DAMAGES, OR FOR ANY CLAIM BY ANY OTFER PARTY. THIS LIMITATION OF LIABILITY SHALL
NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW
PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND
EXCLUSION MAY NOT APPLY TO YOU. EXPORT CONTROLS.
You may not download, use or otherwise export the Software or any underlying
information or technology except in full compliance with all United States and
other applicable laws and regulations. In particular, but without limitation,
none of the Software or underlying information or technology may be downloaded,
used or otherwise exported or reexported (i) into (or to a national or resident
of) Cuba, Haiti, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other
country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S.
Treasury Department's list of Specially Designated Nationals or the U.S.
Commerce Department's Table of Deny Orders. By downloading or using the
Software, you are agreeing to the foregoing and you are representing and
warranting that you are not located in, under the control of, or a national or
resident of any such country or on any such list.
TERMINATION. This Agreement is effective until terminated. SOLUTION4ALL LIMITED
may terminate this Agreement immediately if Customer attempts to reverse
engineer the Software or otherwise violate any of the restrictive uses as
described herein. Otherwise, this Agreement may be terminated by either party
for a breach of any of its material terms, provided the non-breaching party
provides to the breaching party 30 days written notice describing such breach
and offering the breaching party an opportunity to cure. Failure to cure a
material breach within the notice period shall result in automatic termination
of this Agreement. Should this Agreement be terminated for your material breach,
Customer agrees to remove all copies of the Software or any part of the Software
from any and all computer storage devices, and destroy the Software and all
Documentation. At SOLUTION4ALL LIMITED's request, Customer or any of Customer's
authorized signatory on the account, shall certify in writing to SOLUTION4ALL
LIMITED that all complete and partial copies of the Software and the
Documentation have been destroyed and that none remain in Customer's possession
or under its control. The provisions of this Agreement except for the Section 1,
"License Grant," shall survive. MISCELLANEOUS. This Agreement represents the
complete and exclusive statement of the agreements concerning this license
between the parties and supersedes all prior agreements and representations
between them. It may be amended only by a writing executed by both parties.
THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL
ON YOUR ASSENT TO TIE TFRMS SET FORTH HEREIN, AND SOLUTION4ALL LIMITED AGREES TO
FURNISH TFE SOFTWARE AND DOCUMENTATION ONLY UPON THESE TERMS AND NOT THOSE
CONTAINED IN YOUR PURCHASE ORDER. If any provision of this Agreement is held to
be unenforceable for any reason, such provision shall be reformed only to the
extent necessary to make. It enforceable, and such decision shall not affect the
enforceability (i) of such provision under other circumstances or (ii) of the
remaining provisions hereof under all circumstances. Headings shall not be
considered in interpreting this Agreement. This Agreement shall be governed by
and construed under the law of SOLUTION4ALL LIMITED as such law applies
to agreements between SOLUTION4ALL LIMITED residents entered into and to
be performed entirely within SOLUTION4ALL LIMITED , except as governed by
Federal Law. This Agreement will not be governed by the United Nations
Convention of Contracts for the International Sale of Goods, the application of
which is hereby expressly excluded. U.S. GOVERNMENT RESTRICTED RIGHTS. Use,
duplication or disclosure by the Government is subject to restrictions set forth
in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights
clause at FAR 52.227-19 when applicable, or in subparagraph (c)(l)(ii) of the
Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, and
in similar clauses in the NASA FAR Supplement. Contractor / manufacturer is
SOLUTION4ALL LIMITED.