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, nor changing the contents of the binaries, including, but not limited to, circumventing the licensing checks. You may not use any instances of the software that has been altered in any of these ways.

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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