IMPORTANT! BE SURE TO CAREFULLY READ AND UNDERSTAND ALL OF THE RIGHTS AND RESTRICTIONS SET FORTH IN THIS END-USER LICENSE AGREEMENT (“EULA”). YOU ARE NOT AUTHORIZED TO USE THIS NETWORK CONFIGURATION GUIDE/TRAINING UNLESS AND UNTIL YOU ACCEPT THE TERMS OF THIS EULA.
This EULA is a binding legal agreement between you and ROUTEHUB GROUP, LLC (hereinafter “Licensor”) for the materials accompanying this EULA, including the accompanying computer Network Configuration Guide/Training, associated media, printed materials and any “online” or electronic documentation (hereinafter the “Network Configuration Guide/Training”). By using the Network Configuration Guide/Training, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or attempt to use the Network Configuration Guide/Training.
The Guide & Training Materials shall be used by only ONE (1) INDIVIDUAL who shall be the sole individual authorized to use the Guide & Training Materials throughout the term of this License.
1. Grant of License
The Network Configuration Guide/Training is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Network Configuration Guide/Training is licensed, not sold. This EULA grants you the following rights:
A. You may use, access, display and run only one copy of the Network Configuration Guide/Training, on a single computer, workstation or terminal (“Computer”). The primary user of the Computer on which the Network Configuration Guide/Training is installed may make a second copy for his or her exclusive use for archival purposes only.
B. You may store or install a copy of the Network Configuration Guide/Training on a storage device, such as a network server, used only to run the Network Configuration Guide/Training on your other Computers over an internal network. You must, however, acquire a license for each separate Computer on which the Network Configuration Guide/Training is run, displayed or utilized from the server or similar device. A license for the Network Configuration Guide/Training may not be shared or used concurrently on different Computers.
C. Your license rights under this EULA are non-exclusive. All rights not expressly granted herein are reserved by Licensor.
D. You may not sell, transfer or convey the Network Configuration Guide/Training to any third party without Licensor’s prior express written consent.
2. Price and Payment
If you have not previously paid the license fee for the Network Configuration Guide/Training, then you must pay the license fee within the period indicated in the applicable invoice sent to you by Licensor.
3. Support Services
This EULA is a license of the Network Configuration Guide/Training only, and Licensor does not assume any obligation to provide maintenance, patches or fixes to the Network Configuration Guide/Training. Licensor further disclaims any obligation to provide support or to prepare and distribute modifications, enhancements, updates and new releases of the Network Configuration Guide/Training.
4. Replacement, Modification and/or Upgrades
Licensor may, from time to time, and for a fee, replace, modify or upgrade the Network Configuration Guide/Training. When accepted by you, any such replacement or modified Network Configuration Guide/Training code or upgrade to the Network Configuration Guide/Training will be considered part of the Network Configuration Guide/Training and subject to the terms of this EULA (unless this EULA is superceded by a further EULA accompanying such replacement or modified version of or upgrade to the Network Configuration Guide/Training).
You may terminate this EULA at any time by destroying all your copies of the Network Configuration Guide/Training. Your license to the Network Configuration Guide/Training automatically terminates if you fail to comply with the terms of this agreement. Upon termination, you are required to remove the Network Configuration Guide/Training from your computer and destroy any copies of the Network Configuration Guide/Training in your possession. No refund with the product will be granted.
A. All title and copyrights in and to the Network Configuration Guide/Training (including but not limited to any images, photographs, animations, video, audio, music and text incorporated into the Network Configuration Guide/Training), the accompanying printed materials, and any copies of the Network Configuration Guide/Training, are owned by Licensor or its suppliers. This EULA grants you no rights to use such content. If this Network Configuration Guide/Training contains documentation that is provided only in electronic form, you may print one copy of such electronic documentation. Except for any copies of this EULA, you may not copy the printed materials accompanying the Network Configuration Guide/Training.
B. You may not reverse engineer, de-compile, disassemble, alter, duplicate, modify, rent, lease, loan, sublicense, make copies of, create derivative works from, distribute or provide others with the Network Configuration Guide/Training in whole or part, transmit or communicate the application over a network.
7. Export Restrictions
You may not export, ship, transmit or re-export Network Configuration Guide/Training in violation of any applicable law or regulation including but not limited to Export Administration Regulations issued by the U. S. Department of Commerce.
8. Disclaimer of Warranties
LICENSOR AND ITS SUPPLIERS PROVIDE THE NETWORK CONFIGURATION GUIDE/TRAINING “AS IS” AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, OF QUIET ENJOYMENT, OR OF NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE NETWORK CONFIGURATION GUIDE/TRAINING IS WITH YOU.
9. Limitation of Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE NETWORK CONFIGURATION GUIDE/TRAINING AND WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LICENSOR OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF DAMAGES WILL BE EFFECTIVE EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Any dispute arising under this EULA will be subject to binding arbitration by a single Arbitrator with the American Arbitration Association (AAA), in accordance with its relevant industry rules, if any. The parties agree that this EULA will be governed by and construed and interpreted in accordance with the laws of the State of California. The arbitration will be held in California. The Arbitrator will have the authority to grant injunctive relief and specific performance to enforce the terms of this EULA. Judgment on any award rendered by the Arbitrator may be entered in any Court of competent jurisdiction.
If any term of this EULA is found to be unenforceable or contrary to law, it will be modified to the least extent necessary to make it enforceable, and the remaining portions of this Agreement will remain in full force and effect.
12. No Waiver
No waiver of any right under this EULA will be deemed effective unless contained in writing signed by a duly authorized representative of the party against whom the waiver is to be asserted, and no waiver of any past or present right arising from any breach or failure to perform will be deemed to be a waiver of any future rights arising out of this EULA.
13. Entire Agreement
This EULA constitutes the entire agreement between the parties with respect to its subject matter, and supersedes all prior agreements, proposals, negotiations, representations or communications relating to the subject matter. Both parties acknowledge that they have not been induced to enter into this EULA by any representations or promises not specifically stated herein.