LinenMasterNet License Agreement
THIS WEB SITE IS OFFERED TO YOU CONDITIONED UPON YOUR ACCEPTANCE WITHOUT
MODIFICATION OF THE TERMS, CONDITIONS AND NOTICES CONTAINED HEREIN. READ
THE TERMS AND CONDITIONS OF THIS LEGAL AGREEMENT CAREFULLY BEFORE USING THIS
WEB SITE. CLICKING THE ACCEPTANCE BUTTON OR USE OF THIS WEB SITE
CONSTITUTES YOUR ASSENT TO ALL SUCH TERMS, CONDITIONS AND NOTICES. IF YOU ARE
NOT WILLING TO BE BOUND BY THE TERMS OF THIS AGREEMENT, PLEASE DISCONNECT FROM
AND DO NOT USE THIS WEB SITE. THIS AGREEMENT REPRESENTS THE ENTIRE AGREEMENT
CONCERNING THE PROGRAM BETWEEN YOU, AND COMPUTER SOFTWARE ARCHITECTS (REFERRED
TO AS "LICENSOR"), AND IT SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION, OR
UNDERSTANDING BETWEEN THE PARTIES.
1. License Grant. Licensor hereby grants to you, and you accept, a
nonexclusive license to use the Web Site only as authorized in this License
Agreement. You agree that you will not assign, sublicense, transfer, pledge,
lease, rent, or share your rights under this License Agreement. Neither
the Web Site nor any element thereof, including without limitation, text,
graphics, images, or other materials, may be copied, repurposed, uploaded,
posted, transmitted, or redistributed, except that reports generated through
the use of the Web Site may be shared by you with your customers solely for
purposes of serving only the internal needs of your business and provided that
all copyright and other proprietary notices appearing on such reports must be
preserved without alteration, modification, or obfuscation. You may not modify
or prepare derivative works based upon the Web Site, or any element thereof,
and you may not redistribute, sell, decompile, reverse engineer, disassemble,
or otherwise attempt to access the source code used to operate the Web
Site. Any rights not expressly granted herein are reserved by Licensor.
2. Licensor's Rights. You acknowledge and agree that the Web Site, all
trademarks, service marks, and trade names are proprietary products of Licensor
protected by United States copyright law and international treaty provisions,
including without limitation the Berne Convention. You further acknowledge and
agree that all right, title, and interest in and to the Web Site, including all
data and associated intellectual property rights, are and shall remain with
Licensor. This License Agreement does not convey to you an interest in or to
the Web Site, but only a limited right of use revocable in accordance with the
terms of this License Agreement. Licensor reserves the right to change
the terms, conditions and notices under which the Web Site is offered.
You are responsible for regularly reviewing these terms and conditions.
Your continued use of the Web Site constitutes your agreement to all such
terms, conditions and notices.
3. License Fees. The license fees paid by you are paid in consideration of the
licenses granted under this License Agreement.
4. Term. This License Agreement is effective upon your use of the Web Site and
shall continue until terminated. You may terminate this License Agreement at
any time by written notice to Licensor. Licensor may terminate this License
Agreement at any time upon ten (10) days prior written notice to you.
5. No Warranty. The Web Site and all elements thereof are provided on an "as
is" basis without warranty of any kind, express or implied. Licensor disclaims
all warranties, express or implied, including without limitation, implied
warranties of merchantability, fitness for a particular purpose, or
non-infringement. Licensor does not warrant that the Web Site will operate or
perform in a manner that is uninterrupted or error-free, or that the Web Site
or host server(s) will be maintained free of viruses or other harmful code.
Licensor makes no warranties that the information presented on the Web Site is
current, up-to-date, or accurate. Some states and jurisdictions do not allow
limitations on implied warranties, so the above limitation may not apply to
you. The foregoing shall be enforceable to the maximum extent permitted by
applicable law.
6. Limitation of Liability. Under no circumstances and regardless of legal
theory, whether in tort, contract or otherwise, will Licensor be liable to you
or any other party for any direct, indirect, special, incidental, punitive, or
consequential damages, however caused, and regardless of character, including
without limitation, any damages relating to lost data, computer failure or
malfunctioning, or otherwise even if Licensor has been advised of the
possibility of damages. Some states and jurisdictions do not allow the
limitation of liability for consequential or indirect damages, so the foregoing
limitation may not apply to you. The foregoing shall be enforceable to the
maximum extent permitted by applicable law. You agree to this allocation of
risk in relation to your use of the Web Site. This Web Site is presented by
Licensor from within the United States, and Licensor makes no representation
that materials in the Web Site are appropriate or available for use in
locations outside the United States. Neither the Web Site, nor any underlying
information or technology may be downloaded or otherwise exported or
re-exported into, or to a national or resident of, any country to which the
United States has embargoed goods (for example, Cuba, Iran, Iraq, Libya, North
Korea, Sudan, Syria) or to anyone on the U.S. Treasury Department's list of
Specially Designated Nations or the U.S. Commerce Department's Table of Denial
Orders. By downloading or using any element of the Web Site, you are agreeing
to the foregoing and you are certifying that you are not located in, under the
control of, or a national or resident of any such country or on any such list.
In addition, you are responsible for complying with any and all local laws in
your jurisdiction which may impact your right to use the Web Site. If you
are dissatisfied with any portion of the Web Site or its operation or with any
of these terms of use, your sole and exclusive remedy is to discontinue using
the Web Site.
7. No Unlawful or Prohibited Use. As a condition of your use of the Web
Site, you will not use the Web Site for any purpose that is unlawful or
prohibited by these terms, conditions, and notices. You may not use the Web
Site in any manner that could damage, disable, overburden, or impair any
Licensor Web Site (or the network(s) connected to any Licensor Web Site) or
interfere with any other party's use and enjoyment of the Web Site. You may not
attempt to gain unauthorized access to the Web Site, other accounts, computer
systems or networks connected to the Web Site, through hacking, password mining
or any other means. You may not obtain or attempt to obtain any materials or
information through any means not intentionally made available through the Web
Site.
8. Injunctive Relief. You acknowledge that, in the event of a breach of any of
the foregoing provisions, Licensor will not have an adequate remedy in money or
damages. Licensor shall, therefore, be entitled to obtain an injunction against
such breach from any court of competent jurisdiction immediately upon request.
Licensor's right to obtain injunctive relief shall not limit its right to seek
further remedies.
9. Governing Law. This License Agreement shall be construed and governed in
accordance with the laws of the State of Maine.
10. Costs of Litigation. If any action is brought by either party to this
License Agreement against the other party regarding the subject matter hereof,
the prevailing party shall be entitled to recover, in addition to any other
relief granted, reasonable attorney fees and expenses of litigation.
11. Severability. Should any term of this License Agreement be declared void
or unenforceable by any court of competent jurisdiction, such declaration shall
have no effect on the remaining terms hereof.