Linux control panel hosting control panel

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You are ordering Linux Control Panel for USD$99. FREE installation included.

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Please read the following End-User License Agreement (EULA) carefully. By clicking the 'Continue' button at the bottom of the page, you agree to the terms of this agreement.

END-USER LICENSE AGREEMENT (EULA) FOR LINUX CONTROL PANEL This End-User License Agreement (EULA) is a binding legal agreement between you (either an individual or a legal entity), your principals, officers, directors, employees, agents and/or successors ("You") and Softomate OOO ("SOFTOMATE"), and sets forth the terms and conditions governing your access to and use of the Softomate LINUX CONTROL PANEL computer programs including, without limitation, the LINUX CONTROL PANEL software and source code, and information, services and materials included therewith (collectively, "LINUX CONTROL PANEL"). As a convenience to you, this LINUX CONTROL PANEL distribution also includes third-party software products, and your use of each included third-party product is subject to separate licensing agreements included therewith. Among other things, this Agreement describes your responsibilities and limits Softomate's liabilities. Please read it carefully before accepting. IMPORTANT: BY PRESSING THE "YES" BUTTON AND/OR INSTALLING, DOWNLOADING, COPYING OR USING LINUX CONTROL PANEL, YOU (either on behalf of yourself as an Individual or an entity as its authorized representative) ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS AGREEMENT, CLICK THE 'NO' BUTTON AND/OR YOU MAY NOT DOWNLOAD, INSTALL, ACCESS, USE OR COPY LINUX CONTROL PANEL. As used in this EULA, the term SOFTWARE OR SOFTWARE PRODUCT means the LINUX CONTROL PANEL Software and source code, including all associated media, printed materials, license key(s) and any online or electronic documentation. 1. OWNERSHIP: This SOFTWARE PRODUCT is licensed, not sold. Except for the limited license granted provided in Section 2 of this EULA, Softomate retains ownership of all rights, title and interest in the SOFTWARE PRODUCT, all copies thereof, and all proprietary rights in the SOFTWARE PRODUCT, including all Copyrights, Patents, Trademarks, Trade Names, Trade Secrets and other proprietary rights relating to or residing in the Software Product. Except for the license grant, you shall have no right, title or interest in or to the Software. The Software is licensed, not sold, to you for you to use only under the terms of this Agreement. If you agree to be bound by all of the terms of this Agreement you will only own the media (if any) on which the Software may have been provided, not the Software itself. The Software is and shall remain a propriety product of Softomate. Ownership of included third-party products remains with their respective holders. 2. GRANT OF LICENSE: During the term of this EULA and subject to the terms below Softomate grants you a non-exclusive, non-transferable and non-assignable license to install and to use the downloadable, standard version of the SOFTWARE PRODUCT in accordance with its terms & conditions as follows: A. Use of LINUX CONTROL PANEL; License. Subject to all the terms and conditions of this Agreement, Softomate grants you a license to use the Software Product on a single network server during the term of this Agreement. You may make one archival copy of the Software Product, and you agree that you will not otherwise copy or reproduce, distribute, or modify the Software Product or any portion thereof. Softomate expressly reserves the right to monitor your usage of LINUX CONTROL PANEL for compliance with the terms and conditions of this Agreement. Except to the extent that the following restriction is prohibited by applicable law, if any. You shall not reverse assemble, reverse compile or reverse engineer any software source code or other components of the Software. B. You may not: (i) Reverse engineer, decompile, or disassemble the Software; (ii) Modify, or create derivative works based upon, the Software in whole or in part; (iii) Distribute copies of the Software, license keys; (iv) Remove any proprietary notices or labels on the Software; (v) Resell, lease, rent, transfer, sublicense, or otherwise transfer rights to the Software; (vi) Separate the Software's component parts for use on more than one computer/server. 3. LIMITATION OF LICENSE: (a.) Special Versions. If the Sales Agreement identifies the Software as NFR or Not for Resale, then your use of the Software is limited to demonstration, testing and evaluation purposes only. (b.) Evaluation Versions. If you are using an evaluation version of the Software, then your use of the software is limited to demonstration, test and evaluation purposes only for a period of 30 days. An evaluation version of the Software may only be used by the person or Organization whose name and address were registered at the time the software was downloaded, or by the addressee in the event that Softomate delivered the software directly to a person or Organization. Furthermore, an evaluation version of the software may only be RUN on computers, workstations or networks belonging to that registered person or Organization. (c.) Limitations on Copying and Distribution. You may not copy or distribute the Software except as expressly permitted by this EULA. (d.) Limitations on Reverse Engineering and Modification. You may not reverse engineer, decompile, disassemble, modify or create works derivative of the Software except as expressly permitted by this EULA. You may not alter or modify any disabling mechanism which may be resident in the Software. (e.) Sublicense, Rental and Third Party Use. You may not assign, sublicense, rent, timeshare, loan, lease or otherwise transfer the Software or directly or indirectly permit any third party to use or copy the Software except as expressly permitted by this EULA. (f.) Benchmark Testing. You may not disclose the results of any benchmark tests of the Software to any third party without Softomates prior written approval. (g.) Consent to Use of Data. Softomate may use any technical information provided to Softomate in connection with any Software support and maintenance services provided by Softomate, including product development and support. (f.) DISABLING MECHANISM. YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE HAS A MECHANISM WHEREBY SOFTOMATE CAN DISABLE THE SOFTWARE. YOU AGREE THAT SOFTOMATE USES THIS DISABLING MECHANISM IN THE EVENT OF YOUR BREACH OF THIS EULA TO TERMINATE THE USE OF THE SOFTWARE. 4. TERMINATION OF LICENSE: If you have received an Evaluation version of the Software, this Agreement will remain in effect for a period of 30 days and will then automatically expire as provided herein. If you have received or subsequently acquired a registered version of the Software, this Agreement shall remain in effect until either of the parties terminates the Agreement as provided herein. (a.) Breach of EULA. Without prejudice to any other rights, Softomate may immediately and without notice terminate this EULA and all rights granted hereunder if you fail to comply with any of the terms and conditions of this EULA. (b.) Infringement Claims. In the event of a claim of intellectual property infringement by any third party relating to the Software (INFRINGEMENT CLAIMS), Softomate reserves the right to immediately terminate this EULA and the rights granted hereunder. (c.) Licensee's Termination Obligations. In the event of any expiration or termination of this EULA for any reason, you must remove and destroy all copies of the SOFTWARE PRODUCT and all of its component parts. (d.) Free & Trial Versions. Where the Software is provided free on a permanent, semi permanent, limited use or trial basis all the terms relating to licensing shall be identical, such that you accept there has been no financial gain on Softomate's part and as such you use the Software without warranty or guarantees of any kind. The risk is entirely yours and you acknowledge this. You agree to indemnify us against all claims by you or any third party for any reason whatsoever. You accept that we have provided the Software for your sole benefit and have received nothing to our benefit and as such cannot be held responsible in any way and for any reason. 5. MARKETING: By accepting this Agreement, You shall be deemed to have granted to Softomate the right to identify you as one of its customers, unless you provide written notice to Softomate stating that you do not wish to be identified as one of its customers. 6. LICENSE FEES: This license shall have no force or effect unless and until Licensee shall have submitted to Softomate all applicable license fees in full. All such fees are exclusive of any taxes, duties, licenses, fees, excises or tariffs now or hereafter imposed on Licensee's production, licensing, sale, transportation, import, export or use of the Software or Licensee Programs, all of which shall be the responsibility of Licensee, other than taxes attributable to Softomate's net income. 7. LIMITED WARRANTY: Softomate warrants that the Software, in its unmodified form as initially delivered or made available to you or your agent, and when used in accordance with this EULA and its documentation, as such documentation is updated from time to time by Softomate (DOCUMENTATION), will perform substantially in accordance with the DOCUMENTATION for a period of ninety (90) days from the date of your receipt or first use of the Software. Softomate and its licensors sole and exclusive liability, and your sole and exclusive remedy for the breach of the limited warranty set for in this paragraph shall be, at Softomate's option (a) return of the initial license fee paid by you, if any, for the SOFTWARE PRODUCT, (b) repair or replacement of the SOFTWARE PRODUCT. Any replacement product shall be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. To receive any remedy under this paragraph, if requested by Softomate, you must return the defective SOFTWARE PRODUCT to Softomate at your own expense. In the event that Softomate determines that any reported problem with the SOFTWARE PRODUCT is due to your fault, you agree to pay Softomate for its correction efforts in accordance with its standard rates. NO OTHER WARRANTIES. THE SOFTWARE IS PROVIDED ON AN AS IS BASIS AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOFTOMATE AND ITS LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOFTOMATE DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHER, SOFTOMATE DOES NOT WARRANT THAT THE SOFTWARE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 8. LIMITATION OF REMEDIES AND DAMAGES: TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SOFTOMATE SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR ANY (A) LOSS OR INACCURACY OF DATA, (B) DAMAGE TO SOFTWARE OR EQUIPMENT, (C) INABILITY TO DELIVER GOODS, SERVICES OR TECHNOLOGY, (D) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (E) INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUES, DATA OR PROFITS, OR (F) FOR ANY MATTER BEYOND ITS REASONABLE CONTROL. IN NO EVENT WILL SOFTOMATE'S TOTAL LIABILITY TO YOU UNDER THIS AGREEMENT, IN THE AGGREGATE, EXCEED THE LICENSE FEE PAID BY YOU PURSUANT TO THIS AGREEMENT. 9. TRAINING AND SUPPORT: For a period of 90 days from the date of the execution of this Agreement, Softomate will provide LINUX CONTROL PANEL Technical Support services via electronic means free of charge as described at http://www.softwareforhosting.com/. Softomate shall have no other obligation under this Agreement to provide any training or support or to correct any bugs, defects or errors or to otherwise support, develop or maintain the Software Product or any included third-party products. Softomate will not provide technical support for any unauthorized software installations, client enhancements, server-side upgrades, or third-party software installations or upgrades not included with this distribution. Any modifications of or upgrades to the software included with this distribution may jeopardize the performance and reliability of the Software Product. All service agreements, per-incident support, installations and training are sold separately and are not included in this Agreement. 10. INDEMNITY: You agree to indemnify, defend and hold harmless Softomate and its officers, directors, shareholders, employees, consultants, agents and affiliates harmless from and against any and all third party claims of any kind (along with attorney's fees and litigation costs) arising out of, resulting from, or in connection with your breach of this EULA or your use or misuse of the SOFTWARE PRODUCT, including but not limited to, claims for personal injury or property damage. 11. GOVERNING LAW: This EULA is governed by and construed in accordance with the laws of the Russian Federation. This EULA shall not be governed by the 1980 U.N. Convention on Contracts for the International Sale of Goods. Any action or proceeding brought by either party hereto shall be brought only in a state or court of competent jurisdiction located in the City of Novosibirsk, Russia and the parties submit to the in persona jurisdiction of such courts for purposes of any action or proceeding. 12. FORCE MAJEURE: Softomate shall not be responsible for any delays, errors, failures to perform, interruptions or disruptions in the SOFTWARE PRODUCT caused by any acts of God, strikes, lockouts, riots, acts of war, changes in law or regulations, fire, flood, earthquake, storm, power failure or failures of the Internet. 13. GENERAL: This EULA constitutes the entire understanding and agreement between SOFTOMATE and YOU with respect to the transactions contemplated in this EULA and supersedes all prior or contemporaneous oral or written communications with respect to the subject matter of this EULA, all of which are merged in this EULA. This EULA shall not be modified, amended or in any way altered except by an instrument in writing signed by both of the parties. In the event that any provision of this EULA is found invalid or unenforceable pursuant to judicial decree, the remainder of this EULA shall remain valid and enforceable according to its terms. Any failure by Softomate to strictly enforce any provision of this EULA will not operate as a waiver of that provision or any subsequent breach of that provision. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT IN THE EVENT ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES SET FORTH HEREIN SHALL REMAIN IN EFFECT. Softomate Email: legal@softomate.com Web: http://www.softomate.com

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