Negoish.com > Negoish:DIRECT - Virtual Sales Cloud License

Negoish.com

Negoish:UNIT v1.0

TURNKEY BUSINESS SOLUTION

SITE LICENSE

VIRTUAL SOFTWARE AND SERVICES CLOUD LICENSE:

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE OPENING OR BREAKING

ANY SEAL BY OPENING THE PACKAGE OR BREAKING ANY SEALS, YOU ARE

AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT, WHICH

INCLUDES THE SOFTWARE LICENSE AND DISCLAIMER OF WARRANTY. IF

YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT OPEN THE

PACKAGE OR BREAK ANY SEALS. PROMPTLY RETURN THE UNOPENED

PACKAGE TO THE PLACE WHERE YOU OBTAINED IT FOR A FULL REFUND.

THE ENCLOSED COMPUTER PROGRAM Negoish:UNIT Server 1.0 SERVER/WARE/

DESK SOFTWARE IS LICENSED, NOT SOLD, TO YOU FOR USE ONLY UNDER

THE TERMS OF THIS LICENSE, AND Negoish.com RESERVES ANY RIGHTS

NOT EXPRESSLY GRANTED TO YOU. YOU OWN THE DISK ON WHICH Negoish:UNIT

Server 1.0 SERVER/WARE/DESK SOFTWARE IS ORIGINALLY OR SUBSEQUENTLY

RECORDED OR FIXED, BUT Negoish.com RETAINS OWNERSHIP OF ALL

COPIES OF Negoish:UNIT Server 1.0 SERVER/WARE/DESK SOFTWARE ITSELF.

1. LICENSE:

THIS LICENSE ALLOWS YOU TO: (A)USE Negoish:UNIT Server 1.0 SERVER/WARE/

DESK SOFTWARE ON A BROWSER, SERVER, DESKTOP, LAPTOP, PALMTOP, PDA,

AND ANY OTHER COMPUTERS FOR THE KIT LICENSE FOR THE NUMBER OF

USERS IN THE SPECIFIC KIT CONFIGURATION. YOU MUST OBTAIN A SPECIFIC

SITE LICENSE FROM Negoish.com BEFORE USING Negoish:UNIT Server 1.0

SERVER/WARE/DESK SOFTWARE IN CONNECTION WITH MULTIPLE SYSTEMS,

MULTIPLE CENTRAL PROCESSING UNITS, COMPUTER NETWORKS,OR EMULATIONS

ON A MAINFRAME OR MINICOMPUTER. (B) MAKE ONE COPY OF Negoish:UNIT

Server 1.0 SERVER/WARE/DESK SOFTWARE IN MACHINE-READABLE FORM

SOLELY FOR BACK-UP PURPOSES. Negoish:UNIT Server 1.0 SERVER/WARE/

DESK SOFTWARE IS PROTECTED BY COPYRIGHT 2012 AND [THE NEGOTIATOR]

SOFTWARE IS PROTECTED BY U.S. COPYRIGHT 1992-2012 AND PASSWORD

PROTECTION LAWS. (ONLY A LICENSED USER OF Negoish:UNIT Server 1.0 SERVER/

WARE/DESK SOFTWARE CAN ACCESS THE PASSWORDS.)

YOU MUST REPRODUCE ON EACH COPY Negoish:UNIT Server 1.0 SERVER/

WARE/DESK SOFTWARE COPYRIGHT 2003 NOTICE AND ANY OTHER

PROPRIETARY LEGENDS THAT WERE ON THE ORIGINAL COPY. (C) TRANSFER

Negoish:UNIT Server 1.0 SERVER/WARE/DESK SOFTWARE AND ALL RIGHTS

UNDER THIS LICENSE TO ANOTHER PARTY TOGETHER WITH A COPY OF

THIS AGREEMENT PROVIDED YOU GIVE Negoish.com WRITTEN NOTICE

OF THE TRANSFER AND THE OTHER PARTY READS AND AGREES TO ACCEPT

THE TERMS AND CONDITIONS OF THE AGREEMENT. (D) CONFIGURE

Negoish:UNIT Server 1.0 SERVER/WARE/DESK SOFTWARE FOR YOUR OWN

USE BY ADDING OR REMOVING FONTS, DESK ACCESSORIES, AND/OR DEVICE

DRIVERS.

2. RESTRICTIONS:

YOU MAY NOT DISTRIBUTE COPIES OF Negoish:UNIT Server 1.0 SERVER/WARE/

DESK SOFTWARE TO OTHERS OR ELECTRONICALLY TRANSFER Negoish:UNIT

Server 1.0 SERVER/WARE/DESK SOFTWARE FROM ONE COMPUTER TO ANOTHER

OVER A NETWORK. Negoish:UNIT Server 1.0 SERVER/WARE/DESK CONTAINS TRADE

SECRETS, AND IN ORDER TO PROTECT THEM, YOU MAY NOT DECOMPILE, REVERSE

ENGINEER, DISASSEMBLE, OR OTHERWISE REDUCE Negoish:UNIT Server 1.0 SERVER

/WARE/DESK SOFTWARE TO ANOTHER LOOK AND FEEL FORM. YOU MAY NOT

MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN, RESELL FOR PROFIT,

DISTRIBUTE, NETWORK, OR CREATE DERIVATIVE WORKS BASED UPON OR ANY

PART THEREOF.

3. TERMINATION:

THIS LICENSE IS EFFECTIVE UNTIL TERMINATED. THIS LICENSE WILL TERMINATE

AUTOMATICALLY FROM Negoish.com IF YOU FAIL TO COMPLY WITH ANY

PROVISION OF THIS LICENSE. UPON TERMINATION YOU MUST DESTROY

Negoish:UNIT Server 1.0 SERVER/WARE/DESK SOFTWARE AND ALL COPIES THEREOF.

YOU MAY TERMINATE THIS LICENSE AT ANY TIME BY DESTROYING

Negoish:UNIT Server 1.0 SERVER/WARE/DESK SOFTWARE.

4. EXPORT LAW ASSURANCES:

YOU AGREE AND CERTIFY THAT NEITHER Negoish:UNIT Server 1.0 SERVER/WARE/

DESK SOFTWARE NOR ANY DIRECT PRODUCT THEREOF IS BEING OR WILL BE

SHIPPED, TRANSFERRED, OR REEXPORTED, DIRECTLY OR INDIRECTLY, INTO

ANY COUNTRY PROHIBITED BY THE UNITED STATES EXPORT ADMINISTRATION

ACT AND THE REGULATIONS THEREUNDER OR WILL BE USED FOR ANY PURPOSE

PROHIBITED BY THE SAME.

5. GOVERNMENT END USERS:

IF Negoish:UNIT Server 1.0 SERVER/WARE/DESK SOFTWARE IS ACQUIRED BY OR ON

BEHALF OF A UNIT OR AGENCY OF THE UNITED STATES GOVERNMENT THIS PROVISION

APPLIES. Negoish:UNIT Server 1.0 SERVER/WARE/DESK SOFTWARE (A) WAS DEVELOPED

AT PRIVATE EXPENSE, AND NO PART OF IT WAS DEVELOPED WITH GOVERNMENT

FUNDS, (B) IS A TRADE SECRET OF Negoish.com FOR ALL PURPOSES OF THE

FREEDOM OF INFORMATION ACT, (C) IS "COMMERCIAL COMPUTER SOFTWARE"

SUBJECT TO LIMITED UTILIZATION AS PROVIDED IN THE CONTRACT BETWEEN

THE VENDOR AND THE GOVERNMENT ENTITY, AND (D) IN ALL RESPECTS IS DATA

BELONGING SOLELY TO Negoish.com. FOR UNITS OF THE DEPARTMENT OF

DEFENSE (DOD), Negoish:UNIT Server 1.0 SERVER/WARE/DESK SOFTWARE IS SOLD

ONLY WITH "RESTRICTED RIGHTS" AS THAT TERM IS DEFINED IN THE DOD

SUPPLEMENT TO THE FEDERAL ACQUISITION REGULATIONS, 52.227-7013 (B) (3) (II),

AND: USE, DUPLICATION, OR DISCLOSURE IS SUBJECT TO RESTRICTIONS AS SET

FORTH IN SUBDIVISION (B) (3) (II) OF THE RIGHTS IN TECHNICAL DATA AND

COMPUTER SOFTWARE CLAUSE AT 52.227-7013. Negoish.com (MARK PAUL

BRAUNSTEIN) SOFTWARE DEVELOPER, IF Negoish:UNIT Server 1.0

SERVER/WARE/DESK SOFTWARE WAS ACQUIRED UNDER A GSA SCHEDULE, THE

GOVERNMENT HAS AGREED TO REFRAIN FROM CHANGING OR REMOVING

ANY INSIGNIA OR LETTERING FROM THE SOFTWARE OR THE DOCUMENTATION

THAT IS PROVIDED, OR FROM PRODUCING COPIES OF MANUALS OR DISKS (EXCEPT

ONE COPY FOR BACKUP PURPOSES). THE GOVERNMENT HAS ALSO AGREED TO THE

FOLLOWING TERMS: (1)TITLE TO AND OWNERSHIP OF Negoish:UNIT Server 1.0 SERVER

/WARE/DESK SOFTWARE AND DOCUMENTATION AND ANY REPRODUCTIONS

THEREOF SHALL REMAIN WITH Negoish.com (2)USE OF Negoish:UNIT Server 1.0

SERVER/WARE/DESK SOFTWARE AND DOCUMENTATION SHALL BE LIMITED TO THE

FACILITY FOR WHICH IT IS ACQUIRED; AND (3) IF THE USE OF Negoish:UNIT Server 1.0

SERVER/WARE/DESK SOFTWARE IS DISCONTINUED AT THE INSTALLATION SPECIFIED

IN THE PURCHASE/DELIVERY ORDER AND THE GOVERNMENT DESIRES TO USE IT

AT ANOTHER LOCATION, IT MAY DO SO BY GIVING PRIOR WRITTEN NOTICE TO

Negoish.com, SPECIFYING THE TYPE OF COMPUTER AND NEW LOCATION SITE.

GOVERNMENTAL PERSONNEL USING Negoish:UNIT Server 1.0 SERVER/WARE/DESK

SOFTWARE, OTHER THAN UNDER A DOD CONTRACT CONTRACT OR GSA SCHEDULE,

ARE HEREBY ON NOTICE THAT USE OF Negoish:UNIT Server 1.0 SERVER/WARE/DESK

SOFTWARE IS SUBJECT TO RESTRICTIONS THAT ARE THE SAME AS OR SIMILAR

TO THOSE SPECIFIED ABOVE.

6. DISCLAIMER OF WARRANTY:

[Negoish:UNIT Server 1.0] SERVER/WARE/DESK SOFTWARE IS PROVIDED "AS IS"

WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING

WITHOUT LIMITATION ANY WARRANTY WITH RESPECT TO ITS MERCHANTABILITY

OR ITS FITNESS FOR ANY PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE

QUALITY AND PERFORMANCE OF Negoish:UNIT Server 1.0 SERVER/WARE/DESK

SOFTWARE IS WITH YOU. SHOULD Negoish:UNIT Server 1.0 SERVER/WARE/DESK

SOFTWARE PROVE DEFECTIVE, YOU (AND NOT Negoish.com OR A Negoish.com

DISTRIBUTOR) ASSUME THE ENTIRE COST OF ALL SERVICING,REPAIR, OR

CORRECTION. Negoish.com DOES NOT WARRANT THAT THE FUNCTIONS

CONTAINED IN Negoish:UNIT Server 1.0 SERVER/WARE/DESK SOFTWARE WILL MEET

YOUR REQUIREMENTS OR THAT THE OPERATION OF Negoish:UNIT Server 1.0 SERVER/

WARE/DESK SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT

DEFECTS IN Negoish:UNIT Server 1.0 SERVER/WARE/DESK SOFTWARE WILL BE

CORRECTED. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED

WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS

WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, WHICH VARY FROM STATE

TO STATE.

7. LIMITATION OF REMEDIES AND DAMAGES:

IN NO EVENT WILL Negoish.com BE LIABLE (I) TO YOU FOR ANY INCIDENTAL,

CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR LOSS OF

BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION,

AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE Negoish:UNIT

Server 1.0 SERVER/WARE/DESK SOFTWARE EVEN IF Negoish.com HAS BEEN

ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) FOR ANY CLAIM BY ANY

OTHER PARTY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR

LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,

THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Negoish.com LIABILITY

TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER AND REGARDLESS

OF THE FORM OF THE ACTION, WILL BE LIMITED TO THE GREATER OF $50 OR THE

MONEY PAID FOR Negoish:UNIT Server 1.0 SERVER/WARE/DESK SOFTWARE THAT

CAUSED THE DAMAGES OR THAT IS THE SUBJECT MATTER OF, OR IS DIRECTLY

RELATED TO, THE CAUSE OF THE ACTION.

8. GENERAL:

THIS AGREEMENT WILL BE CONSTRUCTED UNDER THE LAWS OF THE STATE OF

FLORIDA, EXCEPT FOR THAT BODY OF LAW DEALING WITH CONFLICTS OF LAW

IN CYBERSPACE*. IF ANY PROVISION OF THIS AGREEMENT SHALL BE HELD BY A

COURT OF COMPETENT JURISDICTION TO BE CONTRARY TO LAW, THAT PROVISION

WILL BE ENFORCED TO THE MAXIMUM EXTENT PERMISSIBLE, AND THE REMAINING

PROVISIONS OF THIS AGREEMENT WILL REMAIN IN FULL FORCE AND EFFECT WITH

LIMITED WARRANTY AND LIMITATIONS OF WARRANTY.

A. LIMITED WARRANTY ON MEDIA:

Negoish.com WARRANTS THE DISKS ON WHICH Negoish:UNIT Server 1.0 SERVER/

WARE/DESK SOFTWARE IS RECORDED TO BE FREE FROM DEFECTS IN MATERIALS

AND FAULTY WORKMANSHIP UNDER NORMAL USE FOR A PERIOD OF TEN (10) DAYS

FROM THE DATE OF DELIVERY AS EVIDENCED BY A COPY OF THE RECEIPT.

Negoish.com WILL, AT ITS OPTION, REPLACE OR REFUND THE PURCHASE PRICE

OF THE DISK AT NO CHARGE TO YOU, PROVIDED YOU RETURN THE FAULTY DISK

WITH PROOF OF PURCHASE TO Negoish.com. Negoish.com SHALL HAVE

NO CAUSE TO REPLACE OR REFUND THE PURCHASE PRICE OF A DISK DAMAGED BY

ACCIDENT, ABUSE, OR MIS-APPLICATION. ANY IMPLIED WARRANTIES ON THE DISKS,

INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A

PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO 90 DAYS FROM THE DATE OF

DELIVERY. Negoish:UNIT Server 1.0 SERVER/WARE/DESK SOFTWARE IS PROVIDED

"AS IS" WITHOUT WARRANTY OF ANY KIND, AND Negoish.com EXPRESSLY

DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING BUT NOT LIMITED TO THE

IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR

PURPOSE. Negoish.com DOES NOT WARRANT, GUARANTEE, OR MAKE ANY

REPRESENTATIONS REGARDING THE USE OF, OR THE RESULTS OF THE USE OF

Negoish:UNIT Server 1.0 SERVER/WARE/DESK SOFTWARE IN TERMS OF CORRECTNESS,

ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK AS TO

THE RESULTS AND PERFORMANCE OF Negoish:UNIT Server 1.0 SERVER/WARE/DESK IS

ASSUMED BY YOU. Negoish.com DOES NOT WARRANT THAT Negoish:UNIT Server 1.0

SERVER/WARE/DESK SOFTWARE WILL WORK CORRECTLY IN A MULTI-INTEGRATED

ENVIRONMENT. IF Negoish:UNIT Server 1.0 SERVER/WARE/DESK SOFTWARE IS DEFECTIVE,

YOU, AND NOT Negoish.com OR Negoish.com PARTNERS, RESELLERS, CONSULTANTS,

CONTRACTORS, DISTRIBUTORS, ASSUME THE ENTIRE COST OF ALL NECESSARY

SERVICING, REPAIR, OR CORRECTION. SOME STATES DO NOT ALLOW THE EXCLUSION

OF IMPLIED WARRANTIES, SO THE ABOVE MAY NOT APPLY TO YOU.

B. LIMITATIONS OF WARRANTY AND LIABILITY:

THE LIMITED WARRANTIES PROVIDED IN PARAGRAPHS A AND B ABOVE ARE THE ONLY

WARRANTIES OF ANY KIND THAT ARE MADE BY Negoish.com ON THIS Negoish.com

PRODUCT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Negoish.com

OR ITS DISTRIBUTORS, OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY

INCREASE THE SCOPE OF THIS WARRANTY, AND YOU MAY NOT RELY ON ANY SUCH

INFORMATION OR ADVICE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS,

WHICH VARY FROM STATE TO STATE.

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