End User License Agreement (EULA)
Read the terms of this agreement and any provided supplemental license terms (collectively “agreement”) carefully before opening the software media package. By opening the software media package, you agree to the terms of this agreement. If you are accessing the software electronically, indicate your acceptance of these terms by selecting the “accept” button at the end of this agreement. If you do not agree to all these terms, promptly return the unused software to your place of purchase for a refund or, if the software is accessed electronically, select the “decline” option at the end of this agreement, if applicable, and destroy the electronically downloaded copy.
License To Use
InterWorx, LLC (“InterWorx”) grants you a personal, non-exclusive and non-transferable license for the use of the accompanying InterWorx software and documentation and any error corrections provided by InterWorx (collectively “Software”), for one server or virtual server instance (the “Server”). A Server is defined by its unique IP address as given to InterWorx at the time of license allocation. You agree to defend and indemnify InterWorx and its licensors from and against any damages, costs, liabilities, settlement amounts, and/or expenses (including attorneys’ fees) incurred in connection with any claim, lawsuit, or action by any third party that arises or results from the use or distribution of any and all programs and/or software. You may not resell InterWorx licenses unless given written permission by InterWorx.
You acknowledge and agree that the Software is confidential and copyrighted and that the Software is InterWorx’s exclusive property which constitutes a valuable trade secret of InterWorx. You may not disclose or make available the Software to third parties. You may not make copies of the Software. Title to Software and all associated intellectual property rights is retained by InterWorx and/or its licensors. InterWorx disclaims any express or implied warranty of fitness for such uses. No right, title, or interest in or to any trademark, service mark, logo, or trade name of InterWorx or its licensors is granted under this Agreement. The terms and conditions of this Agreement will be applied to any and all upgrades. Upgrades are provided directly from InterWorx to all active licensees.
Disclaimer of warranty unless specified in this agreement, all express or implied conditions, representations and warranties, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement are disclaimed, except to the extent that these disclaimers are held to be legally invalid. You accept the software as is.
No Proprietary Rights Indemnity
InterWorx shall have no liability to you for the infringement of proprietary rights by the Software, documentation, any error corrections or any portion thereof.
Limitation of liability
Limitation of liability to the extent not prohibited by law, in no event will InterWorx or its licensors be liable for any lost revenue, profit or data, or for direct, special, indirect, consequential, incidental or punitive damages, however caused regardless of the theory of liability, including but not limited to liability arising out of loss of data or related to the use of or inability to use the software even if InterWorx has been advised of the possibility of such damages. In no event will InterWorx’s liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount of two months of license payments paid to InterWorx by you. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose.
Any claim arising out of or related to the Software must be brought within one year.
This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of Software. This Agreement will terminate immediately without notice from InterWorx if you fail to comply with any provision of this Agreement and WITHOUT REFUND. Upon Termination, you must destroy all copies of Software.
Any Distribution, Resell, or Publishing of the source code is Strictly Prohibited. All image, music, and animation files used in the source code cannot be re-distributed separately in any other format.
Termination For Infringement
Either party may terminate this Agreement immediately should any Software become, or in either party’s opinion be likely to become, the subject of a claim of infringement of any intellectual property right.
This Agreement and the Software may not be transferred or assigned by you to any third party.
Any action related to this Agreement will be governed by Michigan law. No choice of law rules of any jurisdiction will apply.
If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.
This Agreement is the entire agreement between you and InterWorx relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties, and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.
The Limited Warranty, Disclaimer of Warranties and the Limitation of Liabilities section apply to any and all installation services purchased.
Support services are provided to all active licensees via the InterWorx website (the “WEBSITE”). Support will only be given to software packages included in the InterWorx main distribution as defined at http://interworx.com/ and not to any external software. Installing additional non-InterWorx software may void your right to technical support. It is the licensee’s responsibility to ensure that any external software applied to the Server not conflict with InterWorx.