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User License Grant: The customer is granted with a nonexclusive and nontransferable
license to use easysitebuilderonline.com ("Website") by
3K Corporation. "www.easysitebuilderonline.com" and its suppliers 3KCorp is embedded
into the easysitebuilderonline.com web site.
EXCEPT AS EXPRESSLY AUTHORIZED ABOVE, CUSTOMER SHALL NOT: COPY, IN WHOLE OR IN PART,
SOFTWARE OR DOCUMENTATION; MODIFY THE SOFTWARE; REVERSE COMPILE OR REVERSE ASSEMBLE
ALL OR ANY PORTION OF THE SOFTWARE; OR RENT, LEASE, DISTRIBUTE, SELL, OR CREATE
DERIVATIVE WORKS OF THE SOFTWARE.
Those aspects of the licensed materials, including the specific design and structure
of individual programs, constitute trade secrets and/or copyrighted materials of
3KCorp are agreed by the customer. Without the prior written consent of 3KCorp,
the customer is agreed not to disclose, provide, or otherwise make available such
trade secrets or copyrighted material in any form to any third party. Such trade
secrets and copyrighted material are protected by implementing reasonable security
measures which will be agreed by the customer.
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LIMITED WARRANTY: 3KCorp warrants that the Software substantially conforms
to its published specifications for a period of ninety (90) days from the date of
purchase. The Software is provided AS IS except for the foregoing. This limited
warranty extends only to Customer as the original licensee. Customer's exclusive
remedy and the entire liability of Easysitebuilderonline.com and its suppliers under this limited
warranty will be, at 3K Corp or its service center's option, repair, replacement,
or refund of the Software if reported (or, upon request, returned) to the party
supplying the Software to Customer. In no event does 3KCorp warrant that the Software
is free from error or the software can be operated without problems or interruptions
by the customer.
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DISCLAIMER: EXCEPT AS SPECIFIED IN THIS WARRANTY, ALL EXPRESS OR IMPLIED
CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR
ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED
TO THE EXTENT ALLOWED BY APPLICABLE LAW.
IN NO EVENT WILL SMARTKETER OR ITS SUPPLIERS BE LIABLE FOR ANY LOST REVENUE, PROFIT,
OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES
HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE
OF OR INABILITY TO USE THE SOFTWARE EVEN IF SMARTKETER OR ITS SUPPLIERS HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall 3KCorp or its suppliers'
liability to Customer, whether in contract, tort (including negligence), or otherwise,
exceed the price paid by Customer. The foregoing limitations shall apply even if
the above-stated warranty fails of its essential purpose. SOME STATES DO NOT ALLOW
LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.
The warranty mentioned is not applicable to some software’s. It can be any beta
software, any software made available for testing or demonstration purposes, any
temporary software modules or any software for which 3KCorp does not receive a license
fee. All such software products are provided AS IS without any warranty whatsoever.
Till the termination of the License it is considered to be effective. By writing
to
easysitebuilderonline.com support, the customer can terminate this License
at any time. If the Customer fails to comply with any provision of this License,
it will get terminated immediately without a notice from 3KCorp
ANY USER ACCOUNT THAT HAS NOT BEEN USED FOR A CERTAIN AMOUNT OF TIME (NOT LESS THAN
90 DAYS AFTER THE LICENSE EXPIRATION) CAN BE DELETED SINCE SMARTKETER HOLDS THE
RIGHT TO DELETE IT.
U.S. export control laws, including the U.S. Export Administration Act and its associated
regulations are applicable to the software, including the technical data. It may
also be subjected to export or import regulations in other countries. Strict compliant
of all such regulations are agreed by the customer and also acknowledging that it
has the responsibility to obtain licenses to export, re-export, or import Software.
The governing and construing of this License shall be in accordance with the laws
of the State of Maryland , United States of America , as if performed wholly within
the state and without giving effect to the principles of conflict of law. The remaining
provisions of this License shall remain in full force and effect, If any portion
hereof is found to be void or unenforceable. This License constitutes the entire
License between the parties with respect to the use of the Software.
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Restricted Rights: Non-DOD agencies are provided with 3KCorp software with
RESTRICTED RIGHTS and LIMITED RIGHTS will be provided to its supporting documentation.
The restrictions as set forth in subparagraph "C" of the Commercial Computer Software
- Restricted Rights clause at FAR 52.227-19 are applicable to the Government for
using, duplicating and disclosing. The government's rights in software, supporting
documentation, and technical data in the event of sale to a DOD agency are governed
by the restrictions in the Technical Data Commercial Items clause at DFARS 252.227-7015
and DFARS 227.7202.
Manufactured by 3K Corporation, 2009 Ivey Chase Drive, Dacula, GA 30019 - USA
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