This is an Agreement between, HostingController Inc. and you ("Licensee"), for the purpose of specifying the conditions under which Licensee will use the Hosting Controller.
"Hosting Controller Documentation" shall mean a guide in electronic format describing the operation and of the functions of Hosting Controller software. Licensee shall mean and include Licensee's divisions and departments within Licensee's organization at the licensed locations, but shall not include wholly or partially owned subsidiaries, affiliates, or independent third parties.
Hosting Controller hereby grants to Licensee, and Licensee hereby accepts, subject to the terms and conditions set forth in this End User License Agreement, a non-exclusive and nontransferable license to use the Hosting Controller as set forth in this Agreement. The term "license" as used in this Agreement shall mean and include:
Any rights not expressly granted to Licensee are retained by HostingController.com.
HostingController.com shall make available to Licensee all updates and enhancements to Hosting Controller. Licensee may accept any update or enhancement at the time it is offered to Licensee by paying the applicable update charges or fee.
HostingController.com shall have the sole discretion to determine the update fee or charge. Use of all such updates and enhancements by Licensee shall be subject to the terms and conditions of this Agreement. This EULA applies to single licensed copy of Hosting Controller. For further purchase of licenses for more than one copy, Licensee is required to observe applicable terms and agreement mentioned herein explicitly.
Hosting Controller is programmed to contact its website from time to time to report its existence through a HTTP request or Email to HostingController website and to find out new updates which might have become available and will prompt the administrator of such upgrades if one is available. The licensee agrees that he has no objection on such a transfer of information which includes product's serial number, the currently installed version, the Email address of the Host Administrator and the base IP address on which hosting controller is running.
The license rights granted under this EULA are temporary, limited to a finite number of Hosting Controller launch days. Use of the Hosting Controller after such finite launch days will require input of the license key and its subsequent activation
In the event of a default by the Licensee or the Licensee's agent or representative, of any provision of this Agreement, HostingController Inc. may terminate this Agreement upon thirty (30) days written notice. Upon termination of the Agreement, the Licensee shall either destroy all licensed copies of Hosting Controller, and all backups, or return them to HostingController.com This obligation shall survive the termination of this Agreement.
Licensee acknowledges that Hosting Controller and supporting documentation constitute valuable property of HostingController.com and that all title and ownership rights in the templates and related materials remain exclusively with HostingController.com. HostingController.com reserves all rights with respect to the templates and user's guide under all applicable laws for the protection of proprietary information, including, but not limited to, trade secrets, copyrights, trademarks and patents.
Except as otherwise provided in this Agreement, Licensee shall not cause or permit unauthorized copying, reproduction or disclosure of any portion of the templates, or any instructions, manuals, or other documentation, or the delivery or distribution of any part thereof to any third person or entity, for any purpose whatsoever, without the prior written permission of HostingController.com. This restriction shall continue to bind Licensee and its agents and representatives beyond the termination of this Agreement.
LICENSEE ACCEPTS Hosting Controller "AS IS" "WITH ALL FAULTS", AND IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONS, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE FOR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HostingController.com accepts no responsibility for the operation or performance of the templates. The entire risk of use and consequences of use of Hosting Controller falls completely on the Licensee and HostingController.com shall not be liable in any respect for any claims loss or injury alleged to have resulted from use of or in reliance on Hosting Controller. In this respect, Licensee shall completely indemnify and defend for any such claim, loss or injury as provided below.
Licensee acknowledges that it has read the foregoing disclaimers of warranty and limitation of liability and understands that Licensee assumes the entire risk of use of Hosting Controller. Licensee also agrees that Hosting Controller purchase is final and no refund is issue afterward.
LLicensee shall indemnify and defend against any and all claims, including claims by third parties or employees of Licensee, which arise directly or indirectly out of Licensee's use or operation of Hosting Controller. HostingController.com shall not be liable for any incidental or consequential damages suffered by Licensee through the use of Hosting Controller, whether or not such damages were disclosed to, or reasonably foreseen.
Copyright (c) 1998-2014 Hosting Controller. All rights reserved. This software and documentation constitute an unpublished work and contain valuable trade secrets and proprietary information belonging to HostingController.com None of the foregoing material may be copied, duplicated or disclosed without the express written permission of HostingController.com Hosting Controller EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES CONCERNING THIS SOFTWARE AND DOCUMENTATION, INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR ANY ARTICULAR PURPOSE, AND WARRANTIES OF PERFORMANCE, AND ANY WARRANTY THAT MIGHT OTHERWISE ARISE FROM COURSE OF DEALING OR USAGE OF TRADE. NO WARRANTY IS EITHER EXPRESSED OR IMPLIED WITH RESPECT TO THE USE OF THE SOFTWARE OR DOCUMENTATION.
Under no circumstances shall HostingController.com be liable for incidental, special, indirect, direct or consequential damages or loss of profits, interruption of business, or related expenses which may arise from use of software or documentation, including but not limited to those resulting from defects in software and/or documentation, or loss or inaccuracy of data of any kind.
Protection of Proprietary Information: Licensee agrees to keep in confidence and not disclose to others all knowledge, information and data furnished to Licensee by HostingController.com. The Licensee agrees not to use, nor reproduce for use in any way, any proprietary information of HostingController.com. The Licensee agrees to protect the proprietary information of HostingController.com with the same standard of care and procedures used to protect its own proprietary information of similar importance but at all times using at least a reasonable degree of care.
This License Agreement shall also serve as a Non-Compete Agreement. This Agreement is made effective as of the acceptance date of this agreement, by and between Hosting
Hosting Controller Inc.
Suite 401, 50 Burnhamthorpe Road W.
Mississauga, ON, L5B 3C2 Canada
and The Licensee. In this Agreement, the party who is requesting the non-competition from the other party shall be referred to as "HostingController.com", and the party who is agreeing not to compete shall be referred to as "Licensee". By accepting this agreement, the licensee has access to and possession of confidential information that is proprietary to HostingController.com
Company or product names referenced hereby may be the trademark or registered trademark of their respective companies and owners. No part of this software or manual may be reproduced or retransmitted in any form or by any means electronic, mechanical, or otherwise, including photocopying and recording for any purpose other than the purchaser's personal use without the prior written permission of HostingController.com
This software is licensed for use on a single server machine and is not for resale.