End User License Agreement for aiScaler Dynamic Site Acceleration & Traffic Manager
aiScaler Web Application Acceleration Customer Agreement
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THIS IS A LEGAL AGREEMENT BETWEEN YOU AND aiScaler.COM REGARDING SOFTWARE ("SOFTWARE"). PLEASE READ IT CAREFULLY. BY CONTINUING, YOU INDICATE YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU SHOULD EXIT THIS PAGE.
License Grant. aiScaler grants to you a personal, nonexclusive license to use one copy of the Software for on a single cloud instance. You are obtaining no rights in the Software except those given in this limited license.
Ownership. The Software is owned by aiScaler and/or its partners. The Software is protected by United States copyright laws and international treaty provisions. YOU MAY NOT REVERSE ENGINEER, REVERSE COMPILE OR DISASSEMBLE THE SOFTWARE. You may not remove, alter or destroy any copyright, proprietary or confidential notices placed on the Software or the documentation.
No Transfers. You may not sublicense the Software. You may not transfer the Software to a third party unless you cease all use of it, transfer all copies of it and accompanying Documentation, and the transferee agrees to be bound by the terms of this Agreement.
NO WARRANTIES. THE SOFTWARE AND ANY RELATED DOCUMENTATION ARE PROVIDED TO YOU "AS IS." aiScaler MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, ORAL OR WRITTEN, TERMS, CONDITIONS, AND WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WITHOUT LIMITING THE ABOVE YOU ACCEPT THAT THE SOFTWARE MAY NOT MEET YOUR REQUIREMENTS, OPERATE ERROR FREE, OR IDENTIFY ANY OR ALL ERRORS OR PROBLEMS, OR DO SO ACCURATELY. This Agreement does not affect any statutory rights you may have as a consumer.
LIMITATION ON LIABILITY. IN NO EVENT SHALL aiScaler BE LIABLE TO YOU, YOUR CUSTOMERS, OR OTHER USERS, FOR ANY DIRECT CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE LICENSE OF, USE OF, OR INABILITY TO USE THE SOFTWARE, INCLUDING WITHOUT LIMITATION DATA LOSS, EVEN IF aiScaler OR ITS PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL aiScaler?S LIABILITY EXCEED THE LICENSE FEE PAID BY YOU OR $1. THIS LIMITATION OF LIABILITY AND RISK IS REFLECTED IN THE PRICE OF THE SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITATIONS ON CONSEQUENTIAL DAMAGES.
Term. aiScaler may immediately terminate this Agreement and the license it grants if you fail to comply with any material term or condition. Upon such termination you must immediately cease using the Software and must follow aiScaler's instructions regarding deletion of the Software. ALL DISCLAIMERS HEREIN SHALL SURVIVE TERMINATION.
Miscellaneous. This is the entire Agreement between you and aiScaler, and supersedes any prior agreement, whether written or oral, relating to the subject matter of this Agreement. The parties disclaim the application of the United Nations Convention on the International Sale of Goods. The parties agree that the law of Nevada, USA, excluding its conflict of law rules, shall govern. Any lawsuit involving this Agreement must be brought in a court in Nevada, and you hereby consent to jurisdiction in Nevada. If any provision of this Agreement is ruled invalid, such invalidity shall not affect the validity of the remaining portions of this Agreement.