Solutions, Inc. Software License Agreement
Please read this End-User License Agreement (the "EULA")
IMPORTANT --- READ CAREFULLY. By installing, copying, or otherwise using the Software, you are agreeing to be bound by the terms of this EULA, including the WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY, and TERMINATION PROVISIONS. If you do not agree to the terms of this EULA do not install or use the Software.
For the purposes of this document, The Software is in fact Advanced Webhost Billing System (AWBS).
1. The Software is supplied by Total Online Solutions, Inc. and is licensed, not sold, under the terms of this EULA and Total Online Solutions, Inc. reserves all rights not expressly granted to you. Total Online Solutions, Inc. retains the ownership of the Software.
2. Software License:
Total Online Solutions, Inc. grants you a license to use one copy of the Software.
You may not modify or disable any licensing or control features of the Software.
b. This Software is licensed to operate on only one hostname.
c. Only one company may use the Software for its intended purpose on the hostname. This company may not sell the products or services of other companies in the capacity of an on-line mall or buyer service. If more than one company wishes to use the Software they must purchase a separate license.
d. You may install one copy of the Software per purchased license.
3. License Restrictions:
By accepting this EULA you are agreeing not to reverse engineer, decompile,
or disassemble the Software Application, except and only to the extent that
such activity is expressly permitted by applicable law notwithstanding this
b. You are the exclusive licensee of the Software and sharing any source code of the Software with any individual or entity is a violation of copyright laws and international treaties and cause for license termination.
c. Modifying any portion of the Software source code or asking any individual or entity to modify the Software source code other than Total Online Solutions, Inc. is a violation of copyright laws and international treaties and cause for license termination.
d. Total Online Solutions, Inc. is not required to notify you of or to provide you freely with any upgrades to the Software.
e. You may not sell, offer for sale or otherwise transfer the Software and/or License to another party without express permission from Total Online Solutions, Inc.
f. Total Online Solutions, Inc. reserves the right to modify this EULA at any time. In the event Total Online Solutions Inc. modifies this EULA, a new version will be posted on the website at http://www.awbs.com/license/General_Software_License.htm. Continued use of the Software indicates agreement to the latest EULA.
4. Proprietary Rights: All title and copyrights in and to the Software (including, without limitation, any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Software Application), the accompanying media and printed materials, and any copies of the Software are owned by Total Online Solutions, Inc.. The Software is protected by copyright laws and international treaty provisions. Therefore, you must treat the Software like any other copyrighted material, subject to the provisions of this EULA.
5. Termination Rights: Without prejudice to any other rights, Total Online Solutions, Inc. may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software and all of its component parts, and Total Online Solutions, Inc. may suspend or deactivate your use of the Software with or without notice.
6. Export Control: You may not export or re-export the Software or any copy or adaptation of the Software in violation of any applicable laws or regulations.
7. Total Online Solutions, Inc. does not warrant that the operation of Total Online Solutions, Inc. Software will be uninterrupted or error free. Total Online Solutions, Inc. Software may contain third-party functions or may have been subject to incidental use.
Solutions, Inc. is not responsible for problems resulting from improper or
inadequate maintenance or configuration; software or interface routines or
functions NOT developed by Total Online Solutions, Inc.; unauthorized
specifications for the Software; improper site preparation or maintenance; Beta
Software; encryption mechanisms or routines.
Good data processing procedure dictates that any program be thoroughly tested with non-critical data before relying on it. The user must assume the entire risk of using the Software. IN NO EVENT WILL Total Online Solutions, Inc. OR ITS SUPPLIERS BE LIABLE FOR DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT OR LOST SAVINGS) OR OTHER DAMAGE WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE EVEN IF A Total Online Solutions, Inc. REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. Some states or provinces do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
9. Submissions: Should you decide to transmit to Total Online Solutions, Inc. by any means or by any media any information (including, without limitation, ideas, concepts, or techniques for new or improved services and products), whether as information, feedback, data, questions, comments, suggestions, or the like, you agree such submissions are unrestricted and shall be deemed non-confidential and you automatically grant Total Online Solutions, Inc. and its assigns a non-exclusive, royalty-free, worldwide, perpetual, irrevocable license, with the right to sublicense, to use, copy, transmit, distribute, create derivative works of, display, and perform the same.
10. Distribution and Backups
DISTRIBUTION OF THE REGISTERED VERSION OF THE Software IS STRICTLY PROHIBITED
and is a violation of United
laws and international treaties punishable by severe criminal and civil
b. You may make copies of the Registered Version of the Software for backup purposes only. All backup copies must be an exact copy of the original Software.
Governing Law: The
validity, construction, and performance of this Agreement will be governed by
the substantive law of the State of Florida.
12. U.S. Government Restricted Rights: The Software and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer for such purposes is Total Online Solutions, Inc., 15 Paradise Plaza Suite 241, Sarasota, FL 34239.