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License Agreement
DirectAdmin
Web Control Panel (the "Software")
"You" means the person or
company identified by your client account with us, who is being
licensed to use the "Software" identified in the title of
this License Agreement. "We" and "us" means JBMC
Software, a registered business in Alberta, Canada.
Limited Nonexclusive
License
You acknowledge that you are acquiring
only a limited nonexclusive license to use the Software (the
"License"). We remain the owner of all right, title, and
interest in the Software and in any copies of it.
The License permits you or us to
install the Software on a computer system, e.g., an Internet server,
provided that there is no possibility that the Software will be used
on more than one computer system simultaneously; any such simultaneous
use requires a separate license for each computer system. For
this License Agreement, a computer system is defined as the IP address
provided by you when purchasing a software license.
You may not make of backup copies of
the Software, except in the instance of complete system (hard disk)
backups.
You agree not to make nor to permit the
making of copies of the Software (excluding its documentation) except
as authorized by this License Agreement or otherwise authorized by us.
You agree not to engage in nor to
permit the decompilation, disassembly, or other reverse engineering of
the Software.
Limitations of Use
Resale of Licenses.
You may not resell DirectAdmin
licenses. DirectAdmin may be purchased only through the
DirectAdmin web site at: http://www.directadmin.com.
Exceptions to this limitation include
dedicated server providers and/or resellers ("Partners") intending to include a DirectAdmin license
with a new server sale. Partners agree to the conditions set
forth in the Partner
Agreement and understand that provisions in that agreement
may overrule provisions in this agreement.
It is not permitted, however, to sell
DirectAdmin licenses by themselves to existing customers unless that
customer's account with the server provider is terminated and a new
server sale (one with a DirectAdmin license) is completed.
Conflicts of Interest
Using DirectAdmin in a way that
potentially conflicts with our business interests is strictly
prohibited. Examples include, but are not limited to, using
DirectAdmin to host illegal or offensive content, and providing disassembly,
bug, or hacking information about DirectAdmin to other
parties.
Limitations of Support
Different levels of support are
included with a license, depending on the the type of license
purchased. For example, monthly licenses receive
"full" support for as long as the license is active (paid
for), while lifetime licenses are limited to 90 days of full technical
support.
"Full" technical support is
limited to the operation of the software uploaded to your computer
during the installation. Installed software includes DirectAdmin
itself, as well as external applications such a MySQL, Microsoft
FrontPage extensions, etc. A full list of installed software can
be found here.
INSTALLING ADDITIONAL SOFTWARE OR
MANUALLY UPGRADING SOFTWARE THAT WE INSTALLED MAY VOID YOUR
ENTITLEMENT TO TECHNICAL SUPPORT. It is your responsibility to
ensure that additional software installed by you will not conflict
with the operation of DirectAdmin.
Limited Warranty
Although the Software is designed to
operate in accordance with the written documentation provided by us,
we offer no express or implied warranties or guarantees as to the
fitness or functioning of the Software. A 30-day trial period is
offered on all recurring licenses (those that are paid monthly,
quarterly, or yearly). Please see our refund
policy for more information.
No employee, agent, dealer, or
distributor of ours is authorized to modify this limited warranty, nor
to make any additional warranties.
Limited Remedy
Your exclusive remedy is limited to a
refund of the purchase price of the license or licenses, providing
those licenses are billed on a recurring basis (monthly, quarterly,
yearly), and your claim for remedy is made within the 30-day trial
period.
You are entitled to claim one remedy
only. That is, you may not claim remedy if you have received a
refund in the past. Our Partners may claim no remedy.
In such event, you shall remove the
Software from your computer or computers and we shall terminate your
license on our computer.
No Incidental or
Consequential Damages
Independent of the foregoing
provisions, IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INCIDENTAL,
SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING FROM OR
CONNECTED WITH THIS AGREEMENT OR YOUR USE OF THE SOFTWARE, regardless
whether we know or have reason to know of the possibility of such
damages.
Your Indemnity to Us
Independent of the foregoing
provisions, you agree to defend and indemnify us against, and hold us
harmless from, any and all claims, damages, losses, and expenses of
any kind arising from or connected with the operation of your
business.
Termination
If you breach this License Agreement,
we may terminate your right to use the Software by notice to you, and
WITHOUT REFUND.
You agree that, upon termination of the
License, you will destroy all copies of the Software in your
possession.
Entire Agreement, etc.
This written License Agreement is the
exclusive agreement between you and us concerning the Software and
supersedes any and all prior oral or written agreements, negotiations,
or other dealings between us concerning the Software.
This License Agreement may be modified
only by a writing signed by you and us.
In the event of litigation between you
and us concerning the Software, the prevailing party in the litigation
and the prevailing party in any ancillary disputes (e.g., discovery
disputes) will be entitled to recover attorneys' fees and expenses
from the other party.
This License Agreement will be governed
by the law of the province of Alberta applicable to contracts executed
and performed entirely in, and by residents of, that province.
This License Agreement is effective
upon the earlier of (1) your purchase of a license, or (2) your
use of the Software (provided that your acquisition of a copy of the
Software was from us or our representative); you agree that we need
not sign this License Agreement in order for it to take effect.
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