Aestiva Procurement

License

LICENSE FEES:

Subject to payment of application license fees, if any, Aestiva grants to you a non-exclusive license to use this product and accompanying documentation (herein known as the "The Software") in the manner described herein.


GRANT OF LICENSE:

This Software is protected by copyright laws, international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed and not sold.


30 DAY WARRANTY:

Aestiva warrants, for a period of thirty (30) days from the purchase date, that The Software will substantially achieve the functionality described in the documentation or on the Aestiva Web site. Aestiva, however, does not warrant that The Software will be error-free or secure. Furthermore, you hereby agree that Aestiva's sole liability for any breach of this warranty is (i) replacement of defective copies of The Software, (ii) advisement of how to achieve similar functionality through a procedure different from that described in the documentation, or (iii) a full refund for the purchase, at the discretion of the buyer. Only if you inform the seller of your desire for a full refund, in this thirty day warranty period, will Aestiva be obligated to honor this warranty. Aestiva is not obligated to honor more than one refund per customer and may deduct shipping and handling fees from such refunds.

THIS WARRANTY IS LIMITED AND IT IS THE ONLY WARRANTY MADE BY AESTIVA FOR THIS SOFTWARE PRODUCT. AESTIVA MAKES NO WARRANTIES REGARDING FITNESS FOR A PARTICULAR PURPOSE AND IS LIMITED BY THE WARRANTY PERIOD. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG A WARRANTY LASTS, SO LIMITATIONS MAY NOT APPLY TO YOU. NO AESTIVA DEALER, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.


HIGH-RISK ACTIVITIES:

The Software is not fault-tolerant and is not designed, manufactured or intended for use in high-risk, hazardous or fail-safe environments. Aestiva and its suppliers specifically disclaim any expressed or implied warranties of fitness for any High-Risk Activities.


SCOPE OF USE:

Users of The Software may (i) use The Software on any single computer and (ii) copy The Software for backup/archival purposes. To use The Software on more than one computer, more than one domain name, or for more than one Web site, multiple licenses must be purchased or explicitly allowed in writing.


DOMAIN NAME USE:

The Software is designed to function on a single domain name registered with Aestiva. Users may not change The Software to break this copy-protection limitation. Users may not use The Software on multiple Web sites.


IMPROPER USE:

Users may not (i) separate The Software into components for use on more than one computer (The Software is licensed as a single product), (ii) modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), or create derivative works based on The Software, (iii) remove any proprietary notices, labels on The Software, (iv) run multiple copies of The Software and/or extend the scope of use, as defined herein.

BY IMPROPERLY USING THE SOFTWARE YOU HEREBY AGREE TO TRANSFER THE ENTIRE RIGHTS AND INCOME FROM SUCH PRODUCTS OR SERVICES BENEFITTING FROM SUCH ACTIVITIES TO AESTIVA AND AGREE TO PAY REASONABLE LEGAL AND COLLECTION COSTS TO ENFORCE SUCH RIGHTS.


TITLE:

Title, ownership rights and intellectual property rights in The Software shall remain in Aestiva. The Software is protected by copyright and treaties. Title and related rights in the content developed with The Software are the property of the applicable content owner and are protected by applicable law.


TERMINATION:

The right to use The Software will terminate automatically if you fail to comply with the limitations described herein. Upon termination you are obligated to destroy The Software and Documentation. Improper use penalties and transfer rights shall continue to be enforced with termination of this license.


DISAGREEMENT:

If you do not agree with ANY of the terms in this agreement you must immediately destroy your copy of The Software and destroy (or return to seller) all printed materials, if any. Use of The Software constitutes agreement with all the terms of this license.

This agreement shall be governed by California law (except for conflict of law provisions).


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