This document concerns your use of Microsoft software, which includes computer software
provided to you by Web.com, Inc., its affiliates, successors and assigns ("Company")
as described below, and may include associated media, printed materials, and "online"
or electronic documentation (individually and collectively "SOFTWARE PRODUCTS").
Company does not own the SOFTWARE PRODUCTS and the use thereof is subject to certain
rights and limitations of which Company needs to inform you. Your right to use the
SOFTWARE PRODUCTS is subject to your agreement with Company, and to your understanding
of, compliance with and consent to the following terms and conditions, which Company
does not have authority to vary, alter or amend.
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DEFINITIONS.
"Client Software" means software that allows a Device to access
or utilize the services or functionality provided by the Server Software.
"Device" means each of a computer, workstation, terminal, handheld
PC, pager, telephone, personal digital assistant, "smart phone," or other electronic
device.
"Server Software" means software that provides services or functionality
on a computer acting as a server.
"Redistribution Software" means the software described in Paragraph
4 ("Use of Redistribution Software") below.
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OWNERSHIP OF SOFTWARE PRODUCTS. The SOFTWARE PRODUCTS are licensed
to Company from an affiliate of the Microsoft Corporation ("Microsoft"). All title
and intellectual property rights in and to the SOFTWARE PRODUCTS (and the constituent
elements thereof, including but not limited to any images, photographs, animations,
video, audio, music, text and "applets" incorporated into the SOFTWARE PRODUCTS)
are owned by Microsoft or its suppliers. The SOFTWARE PRODUCTS are protected by
copyright laws and international copyright treaties, as well as other intellectual
property laws and treaties. Your possession, access, or use of the SOFTWARE PRODUCTS
does not transfer any ownership of the SOFTWARE PRODUCTS or any intellectual property
rights to you.
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USE OF CLIENT SOFTWARE. You may use the Client Software installed
on your Devices by Company only in accordance with the instructions, and only in
connection with the services, provided to you by Company. The terms of this document
permanently and irrevocably supersede the terms of any Microsoft End User License
Agreement which may be presented in electronic form during your use of the Client
Software.
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USE OF REDISTRIBUTION SOFTWARE. In connection with the services
provided to you by Company, you may have access to certain "sample," "redistributable"
and/or software development ("SDK") software code and tools (individually and collectively
"Redistribution Software"). YOU MAY NOT USE, MODIFY, COPY, AND/OR DISTRIBUTE
ANY REDISTRIBUTION SOFTWARE UNLESS YOU EXPRESSLY AGREE TO AND COMPLY WITH CERTAIN
ADDITIONAL TERMS CONTAINED IN THE MESSAGING SERVICES USE RIGHTS APPLICABLE TO WEB.COM,
INC., WHICH TERMS MUST BE PROVIDED TO YOU BY Company. Microsoft does
not permit you to use any Redistribution Software unless you expressly agree to
and comply with such additional terms, as provided to you by Company
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COPIES. You may not make any copies of the SOFTWARE PRODUCTS; provided,
however, that you may (a) make one (1) copy of Client Software on your Device as
expressly authorized by Company; and (b) you may make copies of certain Redistribution
Software in accordance with Paragraph 4 (Use of Redistribution Software). You must
erase or destroy all such Client Software and/or Redistribution Software upon termination
or cancellation of your agreement with Company, upon notice from Company or upon
transfer of your Device to another person or entity, whichever first occurs. You
may not copy any printed materials accompanying the SOFTWARE PRODUCTS.
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LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION AND DISASSEMBLY.
You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCTS, except
and only to the extent that applicable law, notwithstanding this limitation expressly
permits such activity.
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NO RENTAL. You may not rent, lease, lend, pledge, or directly or
indirectly transfer or distribute the SOFTWARE PRODUCTS to any third party, and
you may not permit any third party to have access to and/or use the functionality
of the SOFTWARE PRODUCTS.
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TERMINATION. Without prejudice to any other rights, Company may
terminate your rights to use the SOFTWARE PRODUCTS if you fail to comply with these
terms and conditions. In the event of termination or cancellation, you must stop
using and/or accessing the SOFTWARE PRODUCTS, and destroy all copies of the SOFTWARE
PRODUCTS and all of its component parts.
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NO WARRANTIES, LIABILITIES OR REMEDIES BY MICROSOFT. ANY WARRANTIES,
LIABILITY FOR DAMAGES AND REMEDIES, IF ANY, ARE PROVIDED SOLELY BY Company AND NOT
BY MICROSOFT OR ITS AFFILIATES OR SUBSIDIARIES.
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PRODUCT SUPPORT. Any product support for the SOFTWARE PRODUCTS
is provided to you by Company and is not provided by Microsoft or its affiliates
or subsidiaries.
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NOT FAULT TOLERANT. THE SOFTWARE PRODUCTS MAY CONTAIN TECHNOLOGY
THAT IS NOT FAULT TOLERANT AND IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE
IN ENVIRONMENTS OR APPLICATIONS IN WHICH THE FAILURE OF THE SOFTWARE PRODUCTS COULD
LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL, PROPERTY OR ENVIRONMENTAL DAMAGE.
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EXPORT RESTRICTIONS. The SOFTWARE PRODUCTS are of U.S. origin for
purposes of U.S. export control laws. You agree to comply with all applicable international
and national laws that apply to the SOFTWARE PRODUCTS, including the U.S. Export
Administration Regulations, as well as end-user, end-use and destination restrictions
issued by U.S. and other governments. For additional information, see http://www.microsoft.com/exporting/.
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LIABILITY FOR BREACH. In addition to any liability you may have
to Company, you agree that you will also be legally responsible directly to Microsoft
for any breach of these terms and conditions.