This is a legal and binding agreement between: you
the Customer, and Gettin Connected Inc., hereby referred to as Gettin
Connected Hosting in this legal binding agreement. By using, installing
or accessing the Gettin Connected Hosting website and or control panel,
the Services and certain Products that are offered, as our Customer you
agree to all of the terms and conditions of this agreement. If you do
not agree to these terms, the Acceptable Use Policy or any other Terms
and Conditions posted on the Gettin Connected Hosting web site, all
services will be discontinued, activation of the account will cease and
your account terminated.
END USER LICENSE AGREEMENT
LICENSE GRANT. Subject to the provisions contained
herein and payment of applicable fees, Gettin Connected Hosting hereby
grants to you a non-exclusive, nontransferable, license to use its
accompanying proprietary software application products offered on the
Gettin Connected Hosting web site ("Software",) for your own use. Such
Software is protected by the Gettin Connected Hosting laws of the United
States and international Gettin Connected Hosting treaties.
RESTRICTED USE. All rights not expressly granted
herein are retained by Gettin Connected Hosting and its licensors.
Except as stated above, this Agreement does not grant the Customer any
intellectual property rights in the Software. Customer shall not rent,
lease, transfer or sublicense the Software. Customer shall not under any
circumstances nor shall Customer permit a third party to (i) decompile,
disassemble, reverse engineer or otherwise attempt to reconstruct or
discover the source code of the Software or (ii) prepare derivative of
the Software or (iii) remove any product identification, Gettin
Connected Hosting, trademark or other notice from the Software. Any such
copy made by you shall be subject to this Agreement and shall contain
all of Gettin Connected Hosting's notices regarding Gettin Connected
Hosting's, trademarks and other proprietary rights as contained in the
Software originally provided to you.
TITLE. The Software's organization, structure,
sequence, logic, and source code are valuable to the Company. Any and
all title, ownership rights, and intellectual property rights in and to
the Software and Documentation shall remain at any and all times in
Gettin Connected Hosting and/or its suppliers. Title, ownership rights,
and intellectual property rights in and to the content accessed through
the Software is the property of the applicable content owner and may be
protected by applicable Gettin Connected Hosting or other law. This
License does not give Customer any rights to such content.
LIMITED WARRANTY. Gettin Connected Hosting warrants
to the Customer, for a period of ninety (90) days from the date of this
agreement, installation of Software, or use of services, whichever is
earlier, that it will replace any defective media on which the Software
is provided and that the Software, if not modified and if properly
installed and used, will substantially conform to the material
specifications set forth in the documentation, Such warranties are for
the Customer's benefit only and are not transferable. Gettin Connected
Hosting does not warrant that the Software will operate error free or
uninterrupted or will meet your requirements. Except for the express
warranties stated in this section, the Software are licensed "as is" and
Gettin Connected Hosting specifically excludes and disclaims all
warranties of merchantability, fitness for a particular purpose,
statutory noninfringement of third party intellectual property rights
and any warranty that may arise by reason of trade usage, custom or
course of dealing and Customer hereby expressly waives any and all such
warranties.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND
YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY
JURISDICTION.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND
UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL GETTIN
CONNECTED HOSTING OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY
OTIER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS
OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND
ALL OTFER COMMERCIAL DAMAGES OR LOSSES, OR FOR ANY DAMAGES IN EXCESS OF
GETTIN CONNECTED HOSTING LIST PRICE FOR A LICENSE TO THE SOFTWARE AND
DOCUMENTATION, EYEN IF GETTIN CONNECTED HOSTING SHALL HAVE BEEN INFORMED
OF TFE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTFER PARTY.
THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR
PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
FURTHERMORE, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION
MAY NOT APPLY TO YOU.
EXPORT CONTROLS. You may not download, use or
otherwise export the Software or any underlying information or
technology except in full compliance with all United States and other
applicable laws and regulations. In particular, but without limitation,
none of the Software or underlying information or technology may be
downloaded, used or otherwise exported or reexported (i) into (or to a
national or resident of) Cuba, Haiti, Iraq, Libya, Yugoslavia, North
Korea, Iran, Syria or any other country to which the U.S. has embargoed
goods; or (ii) to anyone on the U.S. Treasury Department's list of
Specially Designated Nationals or the U.S. Commerce Department's Table
of Deny Orders. By downloading or using the Software, you are agreeing
to the foregoing and you are representing and warranting that you are
not located in, under the control of, or a national or resident of any
such country or on any such list.
TERMINATION. This Agreement is effective until
terminated. Gettin Connected Hosting may terminate this Agreement
immediately if Customer attempts to reverse engineer the Software or
otherwise violate any of the restrictive uses as described herein.
Otherwise, this Agreement may be terminated by either party for a breach
of any of its material terms, provided the non-breaching party
provides to the breaching party 30 days written notice describing such
breach and offering the breaching party and opportunity to cure. Failure
to cure a material breach within the notice period shall result in
automatic termination of this Agreement. Should this Agreement be
terminated for your material breach, Customer agrees to remove all
copies of the Software or any part of the Software from any and all
computer storage devices, and destroy the Software and all
Documentation. At Gettin Connected Hosting's request, Customer or any of
Customer's authorized signatory on the account, shall certify in writing
to Gettin Connected Hosting that all complete and partial copies of the
Software and the Documentation have been destroyed and that none remain
in Customer's possession or under its control. The provisions of this
Agreement except for the Section 1, "License Grant," shall survive.
MISCELLANEOUS. This Agreement represents the complete
and exclusive statement of the agreements concerning this license
between the parties and supersedes all prior agreements and
representations between them. It may be amended only by a writing
executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY
YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO TIE TERMS SET FORTH
HEREIN, AND Gettin Connected Hosting AGREES TO FURNISH TFE SOFTWARE AND
DOCUMENTATION ONLY UPON THESE TERMS AND NOT THOSE CONTAINED IN YOUR
PURCHASE ORDER. If any provision of this Agreement is held to be
unenforceable for any reason, such provision shall be reformed only to
the extent necessary to make. It enforceable, and such decision shall
not affect the enforceability (i) of such provision under other
circumstances or (ii) of the remaining provisions hereof under all
circumstances. Headings shall not be considered in interpreting this
Agreement. This Agreement shall be governed by and construed under the
law of Gettin Connected Hosting <state> as such law applies to
agreements between Gettin Connected Hosting <state> residents entered
into and to be performed entirely within Gettin Connected Hosting
<state>, except as governed by Federal Law. This Agreement will not be
governed by the United Nations Convention of Contracts for the
International Sale of Goods, the application of which is hereby
expressly excluded.
U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication
or disclosure by the Government is subject to restrictions set forth in
subparagraphs (a) through (d) of the Commercial Computer-Restricted
Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(l)(ii)
of the Rights in Technical Data and Computer Software clause at DFARS
252.227-7013, and in similar clauses in the NASA FAR Supplement.
Contractor / manufacturer is Gettin Connected Hosting 855 Whitehall Way
| Roswell, GA 30076.
Terms of Service and
Acceptable Use Policy