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XLT Software, LLC End User License Agreement
NOTICE TO USER:
BEFORE YOU ACCESS THE SOFTWARE, YOU MUST, CAREFULLY READ AND AGREE TO THE TERMS AND CONDITIONS OF THIS LEGAL AGREEMENT. BY INDICATING YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, DECLINE WHERE INSTRUCTED, RETURN THE SOFTWARE TO XLT, AND YOU WILL NOT BE ABLE TO USE THIS SOFTWARE.
1. Scope of License. As long as you comply with the terms of this End User License Agreement (the “Agreement”), XLT Software, LLC, (“XLT”), grants to you a limited, non-exclusive, non-transferable, non-sublicensable license to use the ViaList Software (the “Software”), together with any associated data or file formats and any other material obtained from the Software, for the purposes described in the accompanying documentation (the “Documentation”). This Agreement allows you to install and use the Software on a single computer. Under this License you may not use the Software on a computer network or allow concurrent use of the Software by more than one individual. You may make one backup copy of the Software, provided your backup copy is not installed or used concurrently on different computers. You must reproduce on any such copy all copyright notices and any other proprietary legends on the original copy of the Software. XLT is not obligated to provide maintenance, support, or updates to you for the Software.
2. License Restrictions. All rights not expressly granted to you herein are expressly reserved by XLT. You may not make or distribute copies of the Software or electronically transfer the Software from one computer to another or over a network. You may not modify, decompile, reverse-engineer, disassemble, attempt to discover the source code of the software, or otherwise reduce the Software to a human-perceivable form (except to the extent applicable laws prohibit such restrictions). You may not modify the Software or create derivative works based upon the Software. You may not rent, lease, distribute, sublicense, lend, or otherwise exploit the Software. This Agreement provides the terms and conditions under which you are licensed to use the Software. It is not an agreement for the sale of the software to you. You may only use the Software for your private, non-commercial use. The Software is intended only for use with content in which you own all necessary rights, content in the public domain, or other properly licensed content. You agree to use the Software only in a manner that complies with all applicable laws in the jurisdictions in which you use the Software including, without limitation, all applicable copyright laws and other intellectual property laws, right of privacy, publicity, obscenity and child pornography laws.
3. Certain Prohibited Actions. You agree not to use the Software to transmit or communicate any data that is unlawful, abusive, harassing, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. You further agree not to harm minors, impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or “stalk” or otherwise harass another. You agree not to forge headers or otherwise manipulate identifiers in order to disguise the origin of any data transmitted to other users. You agree not to transmit, access or communicate any data (x) that you do not have a right to transmit under any law or under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); (y) that infringes any patent, trademark, copyright or other proprietary rights of any party; or (z) that contains software viruses or other computer code, files or programs designed to interrupt, destroy or limit the functionality or any computer software or hardware or telecommunications equipment. You also agree not to interfere or disrupt the Software.
4. Passwords. When you register with XLT, you will be required to select a password. You acknowledge and agree that you are responsible for maintaining the confidentiality of the password and that you are liable for any harm that may result from your disclosing your password or allowing the disclosure of your password. You acknowledge and agree that, at no time, should you respond to an online request for your password. You agree to immediately notify XLT of any unauthorized use of your password or your login name or any other breach of security. You understand and agree that XLT cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4.
5. Intellectual Property Rights. This license gives you limited rights to use the Software. All title, ownership rights, and intellectual property rights in and to the Software and Documentation and any copies thereof are vested in and shall remain in XLT. The Software and the Documentation is protected by the copyright laws and other intellectual property laws of the United States and international treaties. The structure, organization, and code of the Software, including, without limitation, any associated data or file formats, and Documentation embody valuable copyrights, trade secrets, and other intellectual property of XLT. You must maintain all proprietary notices on all copies of the Software and documentation. You agree to keep the Software and Documentation strictly confidential, and not to disclose the Software or Documentation to anyone. Trademarks shall be used in accordance with accepted trademark practice, including identification of trademark owners’ names. Trademarks can only be used to identify printed output produced by the Software and such use does not give you any rights of ownership in that trademark. Except as expressly state above, this Agreement does not grant you any intellectual property rights in the Software.
6. Disclaimer of Warranties. THE SOFTWARE AND ANY UPDATES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. XLT FURTHER DISCLAIMS ALL WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. XLT MAKES NO WARRANTY THAT THE OPERATION OF THE SOFTWARE OR UPDATES, THE UPDATE PROCESS, OR RESULTS OBTAINED FROM USING THE SOFTWARE WILL BE UNINTERRUPTED, FREE OF VIRUSES, WORMS, TROJAN HORSES OR ANY OTHER MALICIOUS CODE, ERROR FREE, OR THAT IT WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT. XLT AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR UPDATES. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND UPDATES REMAINS WITH YOU. SOME STATES/JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY STATE/JURISDICTION.
7. Limitation of Liability. IN NO EVENT SHALL XLT OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS), WHETHER BASED ON BREACH OF CONTRACT, TORT, (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF XLT OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
8. Further Limitation of Liability. It is YOUR responsibility, not XLT’s, to ensure that you obtain all consents, authorizations and clearances in any data owned or controlled by third parties that you transmit, access or communicate to others using the Software. XLT shall not be liable in any way for (a) any errors or omissions in any data, or for any loss or damage of any kind incurred as a result of any data transmitted via the Software; (b) if you are exposed to data that is offensive, indecent or objectionable; or (c) for any allegations of copyright or other proprietary rights as a result of your use of the Software.
9. Indemnification. The Software is intended for use only with personally generated or properly licensed content. It is your responsibility to ascertain whether any copyright or other licenses are necessary and to obtain any such licenses to use such content. You agree to copy, distribute, display, and modify only those materials for which you have the necessary permission to use. You agree to indemnify, defend and hold harmless XLT, its officers, directors and employees, from and against any losses or damages (including attorneys fees and costs) arising out of or relating to any claims resulting from your use or misuse of the Software, or your violation of any terms of this Agreement.
10. Basis of Bargain. The Disclaimer of Warranties and Limitation of Liability set forth above are fundamental elements of the basis of the Agreement between XLT and you. XLT would not be able to provide the Software on an economic basis without such limitations.
11. U.S. Government Restricted Rights. The Software and Documentation are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
12. Export Controls. This Software is subject to the export control laws of the United States. You agree that the Software will not be shipped, transferred, or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions, or regulations (collectively the “Export Laws”). In addition, you represent and warrant that you are not a citizen, or otherwise located within, an embargoed nation (including without limitation Cuba, Iran, Iraq, Libya, North Korea, Sudan, the Federal Republic of Yugoslavia (specific parties), Liberia, Sierra Leone, the Taliban in Afghanistan, the UNITA faction in Angola, and Syria) and that you are not otherwise prohibited under the Export Laws from receiving the Software. All rights to use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this Agreement.
13. Governing Law and General Provisions. This Agreement will be governed by the laws in force in the State of Georgia excluding the application of its conflicts of law rules. 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. If any part of the 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. You agree that the Software will not be shipped, transferred, or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations. This Agreement shall automatically terminate upon failure by you to comply with its terms, in which event you must destroy all copies of the Software. This Agreement may be amended only by a writing executed by both parties.
14. Termination. The license granted by this Agreement will terminate automatically if you fail to comply with the limitations described herein. On termination, you must destroy all copies of the Software and Documentation.
XLT Software, LLC
300 Buckingham Forest Ct
Roswell GA 30075-6311