Amzi! inc. ("Amzi!") is willing to license WebLS ("Software") to you only if you accept all of the terms in this license agreement ("Agreement"). By exercising your rights to make and use copies of the Software, you are agreeing to be bound by the terms of this Agreement. If you do not agree to these terms, Amzi! will not license this software to you, and you may not use the Software.
Ownership of the Software. The Software and the accompanying on-line documentation and materials are owned by Amzi! (or its suppliers) and are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold.
Freeware Edition Grant of License. This paragraph applies only to the Freeware Edition of the Software. Amzi! grants you, as an individual or organization, the right to install and use an unlimited number of copies of the Software. You may reproduce and distribute an unlimited number of copies of the Software; provided that each copy shall be a true and complete copy, including all copyright and trademark notices, and shall be accompanied by a copy of this Agreement. Copies of the Software may not be distributed for profit either on a standalone basis or included as part of your own product. You may charge a NOMINAL media/download fee.
Professional Edition Grant of License. This paragraph applies only to the Professional Edition of the Software. Amzi! grants to you, as an individual, the right to use one copy of the Software on a single computer for use on a single domain or home page. An unlimited number of users may run the logic-bases ("Applications") you build with the Software on that single domain or home page. You may install a copy of the Software on more than one computer provided that you are the only individual using the Software and running your Applications. You may not copy the Software except solely for backup or archival purposes. You may not copy the accompanying documentation and materials. If you are an entity, Amzi! grants you the right to designate one individual within your organization to have the right to use the Software in the manner provided above. Amzi! reserves all rights not expressly granted.
Restrictions on Use and Transfer. You may not reverse engineer, decompile, or disassemble the Software. You may not rename, edit or create any derivative works from the Software, other than creating your own Applications to run inconjunction with a web server. You may permanently transfer the Software if the transferee agrees to be bound by the terms of this Agreement. Such a transfer terminates your license. You may not rent or lease the Software or otherwise transfer or assign the right to use the Software, except as stated in this paragraph.
Termination. Amzi! may terminate this Agreement if you fail to comply with its terms and conditions. In such event, you must destroy all copies of the Software.
Export Restrictions. This Software is subject to U.S. Export Administration Regulations. You may not acquire, ship, transfer or reexport the Software into any country or to any person or entity prohibited by the Regulations including, but not limited to, the countries of Libya, Cuba, and North Korea.
General. Whenever possible, each provision of this Agreement shall be interpreted in a manner as to be valid and effective under applicable law. If any provision is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed serverable from this Agreement and shall not affect the validity and enforceability of the remaining provisions. This agreement is governed by the laws of the State of Massachusetts. For questions concerning this Agreement, please contact Amzi! at 40 Samuel Prescott Drive, Stow, MA 01775, Telephone 508-897-7332, Fax 508-897-2784, E-Mail info@amzi.com.
NO WARRANTIES. AMZI! DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE SOFTWARE IS PROVIDE "AS IS" WITHOUT WARRANTY OF ANY KIND. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.
NO LIABILITY. IN NO EVENT WILL AMZI! OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOST SAVINGS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR ANY OTHER PECUNIARY LOSS) OR OTHER INCIDENTAL OR CONSEQUNTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS AMZI! PRODUCT, EVEN IF AMZI! HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALL THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
The Software and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Amzi! inc., 40 Samuel Prescott Drive, Stow, MA 01775.