End-User License Agreement for LiteSpeed Software
IMPORTANT: READ CAREFULLY
This End-User License Agreement ("EULA") is a legal agreement between "You", the end user
(either an individual or a single entity) and LiteSpeed Technologies Inc., a company
registered in New Jersey, United States ("LITESPEED"), for a software product
("SOFTWARE PRODUCT").
YOU MUST READ THE TERMS BELOW BEFORE DOWNLOADING, INSTALLING, OR OTHERWISE USING THE
SOFTWARE PRODUCT. BY DOWNLOADING, INSTALLING, OR USING THE SOFTWARE PRODUCT YOU AGREE TO
BE AND WILL BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS
EULA, DO NOT DOWNLOAD, INSTALL, OR USE THE SOFTWARE PRODUCT.
1. LICENSE TO USE.
In consideration of your agreement to comply with the terms and conditions of this EULA,
LITESPEED hereby grants you a non-exclusive and nontransferable license to use the
SOFTWARE PRODUCT and documentation on a computer for which you have paid the
corresponding fee. You may not use the SOFTWARE PRODUCT for any illegal activity.
1(a) Evaluation Use. Users are granted a trial license to use the SOFTWARE PRODUCT for
evaluation and trial purposed only for a period not to exceed thirty (30) days. When the
trial license expires, users must either register (purchase a license for continued use)
or cease using the SOFTWARE PRODUCT and remove it from their computer.
1(b) Permanent Use. Users are granted a permanent license to use the SOFTWARE PRODUCT
after registration and payment of licensing fees. Certain hardware information for the
computer that the software is running on is collected in order to generate the license.
1(c) This section is applicable to both section 1(a) and 1(b). A single license may only
be used with one copy of the SOFTWARE PRODUCT. A license for the SOFTWARE PRODUCT may not
be shared among multiple copies of the SOFTWARE PRODUCT running on a same computer or
used concurrently on different computers. You may access the SOFTWARE PRODUCT through a
network by multiple remote computers. If You need another copy of the SOFTWARE PRODUCT,
you must obtain another license.
2. COPYRIGHT AND RESTRICTIONS.
The SOFTWARE PRODUCT and the associated intellectual property are protected by copyright
laws and international treaty provisions. Title to the SOFTWARE PRODUCT and all
associated intellectual property rights are retained by LITESPEED. Unauthorized copying
or use of the SOFTWARE PRODUCT, including any portion of the SOFTWARE PRODUCT that has
been modified, merged, or included with other software, is expressly forbidden. Unless
prohibited by applicable law, you may not modify, decompile, or reverse engineer the
SOFTWARE PRODUCT.
3. LIMITED WARRANTY/LIMITATIONS ON LIABILITY.
3.1 Limited Warranty. With respect to the SOFTWARE PRODUCT licensed under Section 1(b)
(i.e. permanent license), LITESPEED warrants you and for your benefit only that (a) the
SOFTWARE PRODUCT will perform substantially in accordance with the accompanying written
materials for a period of thirty (30) days from the date of purchase, and (b) any Support
Services provided by LITESPEED shall be substantially as described and LITESPEED support
staff will make commercially reasonable efforts to solve any problem issues. If, during
this time period, the SOFTWARE PRODUCT does not perform as warranted, LITESPEED's entire
liability and your exclusive remedy shall be, at LITESPEED's option, upon presentation of
a copy of Your receipt, either (a) return of the price paid, if any, or (b) repair or
replacement of the SOFTWARE PRODUCT that does not meet this Limited Warranty. This
Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident,
abuse, or misapplication.
3.2 No Other Warranties. EXCEPT AS PROVIDED IN SECTION 3.1, THIS SOFTWARE PRODUCT IS
PROVIDED "AS-IS"; LITESPEED MAKES NO OTHER REPRESENTATIONS OR WARRANTIES, EITHER
EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS
FREE OF DEFECTS, MERCHANTABLE, OR FIT FOR A PARTICULAR PURPOSE.
3.3 Software Changes. LITESPEED reserves the right at any time not to release or to
discontinue release of any SOFTWARE PRODUCTS and to alter prices, features,
specifications, licensing terms, release dates, general availability, or other
characteristics of the SOFTWARE PRODUCT. LITESPEED has no obligation to notify You of any
changes of the SOFTWARE PRODUCT or any other products or programs.
4. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LITESPEED BE LIABLE
FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, LOSS OF PROFITS OR DATA, BUSINESS INTERRUPTION, OR ANY OTHER TANGIBLE
OR INTANGIBLE PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE
PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF LITESPEED HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LITESPEED IS NOT LIABLE FOR THE CONTENT
OF ANY WEB SITES POWERED WITH OUR SOFTWARE.
5. DATA PROTECTION AND GDPR COMPLIANCE.
LITESPEED agrees to deal with personal data relevant to your end-users in accordance with
applicable data protection laws and regulations and the following: (a) with respect to
personal data provided in connection with sales and marketing activities or use of
LITESPEED websites, the LiteSpeed Privacy Policy at
https://www.litespeedtech.com/company/privacy-policy ; and (b) with respect to any
personal information of European Union residents processed in connection with the
SOFTWARE PRODUCT, the GDPR Statement included within the aforementioned Privacy Policy.
You agree to provide any notices and obtain any consent necessary for LITESPEED to access
and process personal and other data as specified in this Agreement. The Privacy Policy,
and the GDPR Statement are incorporated herein by reference.
6. TERMINATION.
This EULA shall be effective from the date You download, install or otherwise use the
SOFTWARE PRODUCT. This EULA will terminate immediately without notice from LITESPEED if
you fail to comply with any provision of this EULA. Upon Termination, you must destroy
all copies of the SOFTWARE PRODUCT. You may terminate this EULA at any time by destroying
all copies of the SOFTWARE PRODUCT.
7. SEVERABILITY.
If any provision of this EULA is held unenforceable, this EULA shall remain in effect
with the provision reformed to the extent necessary to make it enforceable, unless to do
so would frustrate the intent of the parties, in which case the EULA will immediately
terminate.
8. GOVERNING LAW.
This EULA shall be governed and be construed by the laws of state of New Jersey and
controlling U.S. federal law.
9. EXPORT RESTRICTIONS.
The SOFTWARE PRODUCT may be subject to U.S. export laws or regulations and/or export or
import regulations in other countries. Each party shall comply fully with all such laws
and regulations to the extent applicable and further acknowledges its responsibility to
obtain such licenses to export or import as may be required.
10. U.S. GOVERNMENT.
If any SOFTWARE PRODUCT is being acquired by or on behalf of the U.S. Government or by a
U.S. Government prime contractor or subcontractor (at any tier), then the Government's
rights in SOFTWARE PRODUCT and accompanying documentation shall be only as set forth in
this EULA.
