IMPORTANT-READ CAREFULLY: Be sure to carefully read and understand all of the rights and restrictions described in this Santa Clarita Web & IT End-User License Agreement ("EULA"). YOU will be asked to review and either accept or not accept the terms of the EULA. YOU will not be able to use any Santa Clarita Web & IT services until YOU accept the terms of this EULA. Your signature indicates that YOU accept the terms of the EULA. For your reference, YOU may view a copy of this EULA online at the Santa Clarita Web & IT website (www.eSCV.com). If YOU'd like to receive a copy of this EULA YOU may do so by writing to: Santa Clarita Web & IT Attn: EULA 27200 Tourney Rd. Suite 340 Santa Clarita, CA 91355. Please include a return address for sending the EULA.
This EULA is a legal agreement between ("YOU"), either an individual or a single entity, or a single: corporation, business, or organization and Santa Clarita Web & IT for the use of Santa Clarita Web & IT software pertaining to this EULA, which may include additional computer software, and may include associated media, printed materials and any "online" or electronic documentation ("SOFTWARE"). By installing and/or using the SOFTWARE, YOU agree to be bound by the terms of this EULA. If YOU do not agree to the terms of this EULA, YOU may not install, use, or access the SOFTWARE.
SOFTWARE PRODUCT LICENSE
The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold and remains the exclusive property of Santa Clarita Web & IT
1. GRANT OF LICENSE. This EULA grants YOU the following rights: · Software. YOU may use, access, display, run, or otherwise interact with ("RUN") the SOFTWARE, for YOU (either an individual or a single entity) or a single CORPORATION (OR business, non-profit, organization). The primary user may access the SOFTWARE from any computer with Internet access for the purpose of managing, updating, or using the services their account provides. Under no circumstances may any portion of the SOFTWARE be duplicated, copied, redistributed with out the written approval of Santa Clarita Web & IT
· Replacement, Modification and Upgrade of the Software. Santa Clarita Web & IT reserves the right to replace, modify or upgrade the SOFTWARE at any time by offering YOU a replacement or modified version of the SOFTWARE or such upgrade and to adjust any associated monthly fees for such replacement, modification or upgrade. Any such replacement or modified software code or upgrade to the SOFTWARE offered to YOU by Santa Clarita Web & IT shall be considered part of the SOFTWARE and subject to the terms of this EULA (unless this EULA is superceded by a further EULA accompanying such replacement or modified version of or upgrade to the SOFTWARE). In the event that Santa Clarita Web & IT offers a replacement or modified version of or any upgrade to the SOFTWARE, (a) your continued use of the SOFTWARE is conditioned on your acceptance of such replacement or modified version of or upgrade to the SOFTWARE and any accompanying superceding EULA and (b) in the case of the replacement or modified SOFTWARE, your use of all prior versions of the SOFTWARE is terminated.
· Storage/Bandwidth Limitations. The amount of storage space and bandwidth per account is limited to the specified hosting package options. In the event of exceeding these limitation Santa Clarita Web & IT reserves the right to charge for additional usage exceeding the hosting package limitations at the current offered rate listed on the Santa Clarita Web & IT (www.eSCV.com) website. Santa Clarita Web & IT will not be responsible for the loss of any data that is believed to have been saved on server exceeding allowed storage space. Santa Clarita Web & IT shall have no obligation to maintain any content that is not part of the Santa Clarita Web & IT network.
3. TERMINATION. Without prejudice to any other rights, Santa Clarita Web & IT may terminate this EULA if YOU fail to comply with the terms and conditions of this EULA. Santa Clarita Web & IT may terminate this EULA by offering YOU a superceding EULA for the SOFTWARE or any replacement or modified version of or upgrade to the SOFTWARE and conditioning your continued use of the SOFTWARE or such replacement, modified or upgraded version on your acceptance of such superceding EULA. In addition, Santa Clarita Web & IT may terminate this EULA by notifying YOU that your continued use of the SOFTWARE is prohibited. In the event that Santa Clarita Web & IT terminates this EULA, YOU must immediately stop using the SOFTWARE and destroy all copies of the SOFTWARE and all of its component parts in your possession.
4. COPYRIGHT. All title and copyrights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text, documents, files, and "applets", incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, are owned by Santa Clarita Web & IT All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants YOU no rights to use such content. If this SOFTWARE contains documentation, which is provided only in electronic form, YOU may print one copy of such electronic documentation. YOU may not distribute the online or printed materials to anyone not directly using the SOFTWARE, to any competitive organization, or in any manner.
5. U.S. GOVERNMENT RESTRICTED RIGHTS. All SOFTWARE provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial rights and restrictions described elsewhere herein. All SOFTWARE provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with RESTRICTED RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
6. EXPORT RESTRICTIONS. YOU agree that YOU will not export or re-export the SOFTWARE, any part thereof, or any process or service that is the direct product of the SOFTWARE (the foregoing collectively referred to as the "Restricted Components"), to any country, person or entity subject to U.S. export restrictions. YOU specifically agree not to export or re-export any of the Restricted Components (i) to any country to which the U.S. has embargoed or restricted the export of goods or services, which currently include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria, or to any national of any such country, wherever located, who intends to transmit or transport the Restricted Components back to such country; (ii) to any person or entity who YOU know or have reason to know will utilize the Restricted Components in the design, development or production of nuclear, chemical or biological weapons; or (iii) to any person or entity who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government. YOU warrant and represent that neither the U.S. Commerce Department, Bureau of Export Administration nor any other U.S. federal agency has suspended, revoked or denied your export privileges.
7. DISCLAIMER OF WARRANTIES. Santa Clarita Web & IT AND ITS SUPPLIERS PROVIDE THE SOFTWARE "AS IS" AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, OF QUIET ENJOYMENT, OR OF NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE IS WITH YOU.
8. EXCLUSION OF ALL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Santa Clarita Web & IT OR ANY OF IT PARTNERS, MEMBERS, AFFILIATES, MANAGEMENT, OR STAFF BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY INJURY TO PERSON OR PROPERTY, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, FOR LOSS OF PRIVACY FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Santa Clarita Web & IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF DAMAGES SHALL BE EFFECTIVE EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
10. GOVERNING LAW. If YOU acquired the SOFTWARE in the United States of America, the laws of the State of California, U.S.A will apply to this contract. If YOU acquired this SOFTWARE outside of the United States of America, then local law may apply.
11. NOTE ON JAVA SUPPORT. THE SOFTWARE MAY CONTAIN SUPPORT FOR PROGRAMS WRITTEN IN JAVA. JAVA TECHNOLOGY IS NOT FAULT TOLERANT AND IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR RESALE AS ONLINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF JAVA TECHNOLOGY COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. Sun Microsystems, Inc. has contractually obligated Santa Clarita Web & IT to make this disclaimer.