WebBiter distribution permissions and end-user license agreement
WEBBITER LICENSE AGREEMENT
PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY. BY USING THIS PRODUCT YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
THIS VERSION OF WEBBITER (THE "PRODUCT"), IS LICENSED TO YOU BY MONDOWEB S.R.L. ("MONDOWEB") SUBJECT TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT (THE "AGREEMENT"). BY CLICKING THE "I ACCEPT" BUTTON, INSTALLING OR USING THE PRODUCT, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, PLEASE DO NOT INSTALL OR USE THE PRODUCT AND IMMEDIATELY DELETE ANY COPY OF IT FROM ALL STORAGE MEDIA.
MONDOWEB RESERVES THE RIGHT TO REVISE THE TERMS OF THIS AGREEMENT AT ANY TIME, AT ITS SOLE DISCRETION AND WITHOUT ANY PRIOR NOTICE. MONDOWEB WILL POST THE LATEST VERSION OF THE LICENSE AGREEMENT AT HTTP://WWW.WEBBITER.COM/LICENSEAGREEMENT.HTM. AT ALL TIMES, THE LATEST VERSION OF THE LICENSE AGREEMENT WHICH IS PUBLISHED ON THE ABOVE LINK SHALL BE BINDING AND SUPERSEDE ANY OTHER VERSION.
The Product is licensed to you on an As-Is basis, subject to the terms and conditions of this Agreement, for your personal, non-commercial use only. Any commercial use of the Product is strictly forbidden, under this Agreement. If you wish to engage in any kind of commercial use of the Products you are required to obtain Mondoweb`s expressed prior written consent to such use, as well as an appropriate commercial license to use the Product by contacting Mondoweb via email to the following email address: email@example.com.
Other than the rights expressly granted to you hereunder, no other right is granted to you. Without limiting the foregoing, you may not: (a) modify or create any derivative works of the Product or documentation; (b) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Product; or (c) redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the Product without a prior written permission of Mondoweb; or (d) use the Product not in compliance with all applicable laws, regulations and government authorizations, including but not limited to export control, copyright, trademarks, patent, secrecy, defamation, decency, and privacy related laws, regulations and authorizations; (e) use, redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to, and/or exploit, the Products for commercial purposes, or in a commercial manner.
Without limiting the above, as part of the foregoing license you are hereby granted a non-exclusive, non-assignable, non-sublicenseable worldwide license. The license under the above patents shall be subject to all the other terms and conditions of this Agreement and shall not be construed so as to grant you any right which is not explicitly granted in this Agreement.
Mondoweb retains sole and exclusive ownership of all rights, title and interests in the Product and all intellectual property rights relating thereto, including without limitation issued patents and pending patent applications with respect to the Product and the technology related thereto. Title and related rights in the content downloaded with this Product is the property of the applicable content owner and is protected by applicable law. This section shall survive termination and expiration of this Agreement and shall remain in full force and effect thereafter.
You hereby undertake to comply with any legal obligations, including but not limited to, obligations imposed by copyright, trademarks, patent, secrecy, defamation, decency, privacy and export laws. You agree to indemnify Mondoweb and its officers, employees, agents and representatives, and to hold them harmless, from any and all losses, claims and liabilities (including attorneys fees) which may arise from your illegal, unauthorized or abusive use.
Third Party`s Content
The Product enable you to enhance delivery of content from the Internet, and/or manage such content. All title, ownership and intellectual property rights in and to the content, material accessed through the Products, are and shall be retained by the applicable Content owner and may be protected by applicable laws, including copyright and other intellectual property laws. NO license and/or any other rights to such Content are granted under this Agreement.
Mondoweb does not control the content of information that may be downloaded through the use of the Product or otherwise played, viewed, managed and/or accessed through them. Mondoweb does not endorse the contents of any information or data, accessed through the use of the Product, and does not warrant or guarantee that such information or data is free of errors or viruses. Mondoweb shall not be responsible for the accuracy, completeness, legality, legitimacy or any other aspect of the information accessed through the use of the Product, nor to the right to make such information available or accessible. The use of any information is at your sole responsibility and Mondoweb explicitly disclaims any responsibility to the use of it. THE INCLUSION OF ANY LINK OR LISTS OF DOWNLOADING LOCATIONS DOES NOT IMPLY ENDORSEMENT OF THE LINKED SITE BY MONDOWEB.
During the use of the Product you may be shown advertising, marketing offers, and other promotional information, made available by Mondoweb or by third parties.
This Agreement does not cover the information practices exercised by other providers of products or services, advertisers, or other websites Mondoweb is not responsible for the privacy practices exercised by any such providers. Please consult the privacy statement of these providers to learn more about their privacy practices.
Unless otherwise stated, Mondoweb has no ownership or interest in any products, services, or other advertised items and does not check, verify or moderate the content or the nature of the advertisements or the products and services advertised on the Product or through the Services. Mondoweb makes no warranty, either express or implied, as to these other products, services, or other advertised items and the use thereof. Advertisements are shown by using your Internet connection. Mondoweb may use an embedded Internet Explorer web browser control, email or any other methods to show advertisements. You hereby acknowledge and agree to any Mondoweb`s advertising practices.
You may install WebBiter to test and evaluate if it suits your needs and you wish to purchase it. There is a limit of 15 days for the evaluation time.
The Product requires a registration password ("Password"). Mondoweb shall issue you a unique Password for the registration process. The Password shall enable the use of Product and shall correspond to a single designated computer on which your Product is installed. Please note that various technological measures (such as: client-server procedures) may be used by Mondoweb to protect Mondoweb`s intellectual property rights, prevent the unauthorized use of the Paid Product, and for security purposes. You hereby agree to such measures, as shall apply to the Paid Product from time to time.
You will bear the sole responsibility for (1) maintaining the strict confidentiality of any Password assigned to you (2) any charges, damages, or losses that may be incurred or suffered as a result of your failure to maintain the strict confidentiality of your Password. Mondoweb shall not be liable for any harm related to the theft of your Password, any disclosure of your Password, or your authorization to allow another person or entity to access and use the Product using your Password. You agree to immediately notify Mondoweb of any unauthorized use of your Password.
Disclaimer of Warranty and Liability
MONDOWEB EXPRESSLY DISCLAIMS ANY WARRANTY WITH RESPECT TO THE PRODUCT OR ANY INFORMATION DELIVERED OR SENT BY MONDOWEB OR ANY THIRD PARTY THROUGH THE PRODUCT. THE PRODUCT IS PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
YOU HEREBY ACKNOWLEDGE THAT SOME FUNCTIONS OF THE PRODUCT MAY NOT BE FULLY FUNCTIONABLE, OR MAY NOT FUNCTION AT ALL, DUE TO YOUR PERSONAL COMPUTER SYSTEM CONFIGURATION (E.G. IF YOU ARE USING A PLATFORM AND/OR A BROWSER PROVIDED WITH A PARTICULAR CONFIGURATION) OR MAY BE DISABLED OR FORBIDDEN FOR USE DUE TO LEGAL REQUIREMENTS APPLICABLE IN AND/OR TO YOUR JURISDICTION.
THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE PRODUCT AND SERVICES IS BORNE BY YOU. THIS PRODUCT IS NOT FAULT TOLERANT AND SHOULD NOT BE USED IN ANY ENVIRONMENT WHICH REQUIRES THIS. YOU HEREBY EXPRESSLY AGREE NOT TO USE OR RELY ON THE PRODUCT FOR ANY APPLICATIONS THAT MAY RESULT IN ANY DAMAGE IF FAILED OR ANY OTHER MISSION CRITICAL APPLICATIONS, OR FOR HANDLING SENSITIVE, PRIVATE, OR CONFIDENTIAL INFORMATION OF ANY SORT.
MONDOWEB DOES NOT WARRANT OR GUARANTEE THAT THE FUNCTIONS PERFORMED BY THE PRODUCT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT ANY INFORMATION, DATA, COMPUTER PROGRAM, CONTENT, ADVERTISEMENT AND OTHER MATERIALS RECEIVED ON OR THROUGH THE PRODUCT WILL BE FREE OF ANY VIRUSES, WORMS, TROJAN HORSES OR ANY OTHER DESTRUCTIVE PROPERTIES, AND WILL NOT CONTAIN ANY OBJECTIONABLE MATERIALS OR DEEMED OBJECTIONABLE BY SOME INDIVIDUALS.
YOU HEREBY AGREE TO COMPLY WITH ALL RELEVANT EXPORT LAWS AND REGULATIONS, AND TO ENSURE THAT THE PRODUCT IS NOT EXPORTED IN VIOLATION OF SUCH APPLICABLE LAWS.
THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE PRODUCT OR SERVICES IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
Limitation of Liability
IN NO EVENT WILL MONDOWEB BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, LOSS OF PROFITS AND SAVINGS AND THE LIKE), OR ANY OTHER DAMAGES ARISING OUT OF THE UNAVAILABILITY, USE, RELIANCE ON, INABILITY TO UTILIZE OR IMPROPER USE OF THE PRODUCT, EVEN IF ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.
Mondoweb may, at its sole discretion, offer language packs to enable speakers of languages other than Italian to use their native languages in the Product. Mondoweb does not and cannot guarantee that the language packs will be available in any languages other than those actually made available by Mondoweb. To avoid any doubt, you explicitly agree that the Italian version will prevail in any matter related to the Product.
(a) This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. (b) Except to the extent applicable law, if any, provides otherwise, this Agreement shall be governed by the laws of the State of Italy without giving effect to any principles of conflicts of laws thereof, and the eligible courts of Rome shall have exclusive jurisdiction over all disputes between the parties; This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. (c) You may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein without the express written consent of Mondoweb. Upon reasonable notice to you, Mondoweb may assign or transfer this Agreement at its sole discretion. (d) If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.