subject: Dynamic Internet Technology, Proxy and software [print this page] Dynamic Internet Technology, Proxy and software
which includes associated media and Dynamic Internet Technology Internet-based services ("Software" and Web Proxy). An amendment or addendum to this EULA may accompany the Software. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, DOWNLOADING, COPYING, OR USING THE SOFTWARE and WEB PROXY. IF YOU DO NOT AGREE, DO NOT INSTALL, DOWNLOAD, COPY, OR USE THE SOFTWARE; DONOT USE THE WEB PROXY.
1. GRANT OF LICENSE. Dynamic Internet Technology grants you the following rights provided that you comply with all terms and conditions of this EULA:
1.1 Installation and use. You may install and use a copy of the Software on one personal computer or other device. Any commercial, non-personal usage is strictly forbidden under this EULA and requires a EULA specifically for commercial or enterprise usage.
1.2 Alternative Rights for Storage/Network Use. As an alternative to Section 1.1, you may install a copy of the Software on a network storage device, such as a server computer, and allow one access device, such as a personal computer, to access and use that licensed copy of the Software over a private non-commercial network. You must obtain a license to the Software for each additional device that accesses and uses the Software installed on the network storage device.
1.3 License Grant for Documentation. The documentation that accompanies the Software is licensed for internal, non-commercial reference purposes only.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. You may not use any Dynamic Internet Technology Internet-based services associated with the Software in any manner that could damage, disable, overburden, or impair such services or interfere with any other party's use and enjoyment of them. You may not attempt to gain unauthorized access to any service, account, computer systems or networks associated with the Internet-based services. You may only use the software for non-commercial use. You may not use the Software or any Dynamic Internet Technology Internet-based services: for the purpose of violating, or in a manner that violates, any foreign, federal, state or local law or regulation; in a manner that infringes or violates any privacy, confidentiality, contractual or other rights of another; to transmit information that is defamatory, offensive, misleading, false, harmful to minors, or obscene; or to transmit any viruses or programming routines intended to damage, surreptitiously intercept, or expropriate any system, data or personal information. In addition to the term and conditions of this EULA you shall comply with the Terms of Use applicable to use of Dynamic Internet Technology's web sites if you use the Software or Dynamic Internet Technology Internet-based services in conjunction with use of any Dynamic Internet Technology web site. Any failure to comply with said Terms of Use shall constitute a breach of this EULA.
3. RESERVATION OF RIGHTS AND OWNERSHIP. Dynamic Internet Technology reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. Dynamic Internet Technology or its suppliers own the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold. This EULA does not grant you any rights to trademarks or service marks of Dynamic Internet Technology.
4. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
5. NO RENTAL/COMMERCIAL HOSTING. You may not rent, lease, lend or provide commercial hosting services with the Software.
6. ADDITIONAL SOFTWARE/SERVICES. This EULA applies to updates, supplements, add-on components, or Internet-based services components, of the Software that Dynamic Internet Technology may provide to you or make available to you after the date you obtain your initial copy of the Software, unless they are accompanied by separate terms. Dynamic Internet Technology reserves the right to discontinue Internet-based services provided to you or made available to you through the use of the Software.
7. UPGRADES. To use Software identified as an upgrade, you must first be licensed for the software identified by Dynamic Internet Technology as eligible for the upgrade. After installing the upgrade, you may no longer use the original software that formed the basis for your upgrade eligibility, except as part of the upgraded software.
8. EXPORT RESTRICTIONS. You acknowledge that the Software is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S..
9. SEPARATION OF COMPONENTS. The Software is licensed as a single product. Its component parts may not be separated for use on more than one device.
10. COMMENCEMENT AND TERMINATION. This Agreement is valid and effective from the first day on which you have downloaded or installed the Software, and the license rights granted to you by Section 1 of this EULA shall continue for the subscription period specified in your order (for example, one year) with possible allowed amount of data transfer quota and may be extended provided you pay the license fee required for such extension and otherwise comply with all other applicable terms and provisions. Your license to use the Software shall expire at the end of the subscription period for which you have paid the license fee. Without prejudice to its other rights and remedies, Dynamic Internet Technology may terminate the license rights granted to you without further obligation to you if you fail to comply with the terms of this EULA or the Terms of Use relating to use of Dynamic Internet Technology's web sites. In addition, Dynamic Internet Technology reserves the right at any time, in its sole discretion, to terminate the license rights granted to you under this EULA without cause, in which case Dynamic Internet Technology shall refund to you a pro-rated portion the license fee equivalent to the unused portion of your subscription. In the event of expiration or earlier termination of your license rights or this EULA, you must promptly delete, destroy at your own cost the Software, all back-up copies, if any, and all related materials. Without regard to the manner of termination of this EULA, the provisions of Articles 3, 4, 5, 8, 11, 12, 13, 14, 15, and 16 shall survive expiration or termination and remain valid without the limitation of time.
11. DISCLAIMER OF WARRANTIES. Dynamic Internet Technology and its suppliers provide the Software and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Software, and the provision of or failure to provide support or other services, information, software, and related content through the Software or otherwise arising out of the use of the Software. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.
12. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DYNAMIC INTERNET TECHNOLOGY OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF Dynamic Internet Technology OR ANY SUPPLIER, AND EVEN IF Dynamic Internet Technology OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or anything else), the entire liability of Dynamic Internet Technology and any of its suppliers under any provision of this EULA and your exclusive remedy hereunder shall be limited to the greater of the actual damages you incur in reasonable reliance on the Software up to the amount actually paid by you for the Software or US$5.00. The foregoing limitations, exclusions and disclaimers (including Sections 11, 12 and 13) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
14. U.S. GOVERNMENT LICENSE RIGHTS. All Software provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein. All Software provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with "Restricted Rights" as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
15. APPLICABLE LAW. This EULA is governed by the laws of the State of North Carolina.
16. ENTIRE AGREEMENT; SEVERABILITY. This EULA (including any addendum or amendment to this EULA which is included with the Software) is the entire agreement between you and Dynamic Internet Technology relating to the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. To the extent the terms of any Dynamic Internet Technology policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
