HostedStore™
End User License Agreement
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT "LICENSE" CAREFULLY BEFORE INSTALLING OR USING THIS SOFTWARE. BY DOWNLOADING, INSTALLING, AND/OR USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE AND (IF APPLICABLE) RETURN THE SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT FOR A REFUND.
- DEFINITIONS
(i) "HOSTEDSTORE" is the HostedStore.LassoApp file, store template files, image files, content page files, and email files which accompany this License.
(ii) "LICENSEE" refers to the person, entity or organization which is using "HOSTEDSTORE", and any successor or assignee of same.
(iii) "Domain" is a fully qualified domain name in the Internet domain name space.
(iv) "Store" is one installation of the HOSTEDSTORE software used for a single Domain.
(v) "Original Source Code" is a collection of source codes developed by LICENSEE without using the source codes provided with HOSTEDSTORE.
(vi) "Hooks" is a collection of functions and files that interface with the HOSTEDSTORE system.
- PURPOSE OF LICENSE
This license is for the downloading, acquisition and use of HOSTEDSTORE and any permitted modifications of HOSTEDSTORE store templates, images, and content pages. By downloading, acquiring and using HOSTEDSTORE, LICENSEE expressly agrees to abide by this License.
- LICENSE
This license is between LICENSEE and HostedStore Corporation. LICENSEE acknowledges that HostedStore Corporation is and has granted this license in reliance upon representations made by LICENSEE and LICENSEE warranties the truthfulness and accuracy of such representations. Any breach of this warranty of truthfulness and accuracy shall constitute a breach of this License. HostedStore Corporation has the sole and unqualified right to refuse to license any person or entity for any reason, except for reasons which are specifically prohibited by state and national laws and statutes.
- RIGHTS GRANTED
LICENSEE is granted a non-exclusive license to use HOSTEDSTORE in conjunction with one Domain and one Store. A License to use HOSTEDSTORE with more than one Domain or with more than one Store must be separately purchased from HostedStore Corporation and is specifically not granted in this License.
- PROPRIETARY RIGHTS
HOSTEDSTORE contains valuable proprietary rights of HostedStore Corporation. There is no transfer to LICENSEE of any title to or ownership of HOSTEDSTORE or any copyright, trade name, trade secret, source code, or other proprietary rights relating to HOSTEDSTORE, regardless of the form that HOSTEDSTORE exists. LICENSEE may not violate these rights. LICENSEE must take all appropriate steps to protect HostedStore Corporation's rights. HostedStore Corporation may at any time replace, modify, alter, improve, enhance, or change HOSTEDSTORE without prior notice.
- LIMITED LICENSE TO CUSTOMIZE SITE
LICENSEE is granted a license to modify and customize the HOSTEDSTORE store templates, images, and content pages to implement custom features, fix bugs, and otherwise make HOSTEDSTORE useful for any particular application for LICENSEE's requirements, EXCEPT THAT, LICENSEE may not convert HOSTEDSTORE to a different computer language, either manually, or using an automated conversion tool, such that HOSTEDSTORE or any modification thereof will run under any language, software, or program other than or independent of, Lasso Professional 5.
- NO TRANSFER
Furthermore, LICENSEE may not, except as permitted by applicable legislation, decompile, reverse engineer, disassemble, or otherwise reduce the HostedStore.LassoApp file to human-perceivable form. LICENSEE agrees that any modifications made to the HOSTEDSTORE store templates, images, and content pages are for the exclusive use of LICENSEE and may not be transferred, sold or licensed to another entity.
- USE OF HOOKS
LICENSEE may create and license to other entities Original Source Code that interfaces with HOSTEDSTORE using the HOSTEDSTORE Hooks as those Hooks are defined by HostedStore Corporation in the documentation available from HostedStore Corporation's Web site.
- REVOCATION RIGHTS
Any license, right, or permission to use HOSTEDSTORE is automatically revoked if LICENSEE breaches any term or condition of this License. LICENSEE agrees that in the event of a breach of this License, and upon the demand thereof by HostedStore Corporation, LICENSEE will immediately return any physical copies of HOSTEDSTORE to HostedStore Corporation, will cease any further use of HOSTEDSTORE, will remove the original and any modified or altered HOSTEDSTORE store templates, images, and content pages from his/her/its computers and drives, will cease his/her/its use of HOSTEDSTORE, and will cease any claimed breach of this License. LICENSEE agrees that monetary damages alone are not an adequate and just relief resulting from any breach of this License, that a court order prohibiting any further breach of this License is necessary to prevent further damages, and that LICENSEE will not oppose any reasonable request for a temporary restraining order, preliminary injunction, or other relief sought by HostedStore Corporation in the event of a breach of this License. HostedStore Corporation shall not be required to notify LICENSEE of any breach, nor make any demand or claim against LICENSEE resulting from any such breach, or for a demand to stop any use or distribution in violation of the terms of this License, and LICENSEE agrees that any breach of this License and damages resulting therefrom shall relate back to the first and earliest breach thereof. Failure of HostedStore Corporation to enforce its rights pursuant to this License shall not constitute a waiver of such rights, and shall not prejudice HostedStore Corporation in any later enforcement of its rights or rights to seek damages therefrom.
- DISCLAIMER
HOSTEDSTORE CORPORATION WILL NOT BE LIABLE FOR (A) ANY BUG, ERROR, OMMISSION, DEFECT, DEFICIENCY, OR NONCONFORMITY IN HOSTEDSTORE; (B) IMPLIED MERCHANTIBILITY OF FITNESS FOR A PARTICULAR PURPOSE; (C) IMPLIED WARRANTY RELATING TO COURSE OF DEALING, OR USAGE OF TRADE OR ANY OTHER IMPLIED WARRANTY WHATSOEVER; (D) CLAIM OF INFRINGEMENT; (E) CLAIM IN TORT, WHETHER OR NOT ARISING IN WHOLE OR PART FROM HOSTEDSTORE CORPORATION'S FAULT, NEGLIGENCE, STRICT LIABILITY, OR PRODUCT LIABILITY, OR (F) CLAIM FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR LOSS OF DATA, REVENUE, LICENSEES GOODWILL, OR USE. IN NO CASE SHALL HOSTEDSTORE CORPORATION'S LIABILITY EXCEED THE PRICE THAT LICENSEE PAID FOR HOSTEDSTORE.
- JURISDICTIONAL LOCATION
This License is granted, HOSTEDSTORE was developed, technical support is being provided in, and LICENSEE is downloading this copy of HOSTEDSTORE via miscellaneous resellers, distributors, gateways and servers, and is paying for the use of HOSTEDSTORE, in and from the County of King, State of Washington, and the parties agree that this License is to be performed in the County of King, Washington.
- CHOICE OF LAW
This License Agreement shall be governed by the laws of the State of Washington, USA. If any provision of this License is found void, invalid, or unenforceable, it will not affect the validity of the balance of this License, which shall remain valid and enforceable according to its terms. In the event any party is required to seek judicial enforcement regarding any terms of this License, or to seek a judicial interpretation regarding any terms of this License, the party deemed by the court to be the prevailing party shall be entitled to, in addition to its costs and damages, reasonable attorney's fees and costs as determined by the court.
- EXPORT CONTROLS
LICENSEE acknowledges that HOSTEDSTORE may be subject to United States export controls, pursuant to the Export Administrations Regulations, 15 C.F.R. Parts 768-799. LICENSEE shall comply strictly with all requirements of the Export Administration Regulations regarding use of HOSTEDSTORE.
- SOLE AGREEMENT
This License Agreement constitutes the entire and sole agreement between LICENSEE and HostedStore Corporation, and is agreed to and entered into on the date LICENSEE downloads or implements HOSTEDSTORE, whichever date is earlier.
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