PLEASE READ THIS AGREEMENT CAREFULLY
Software License Agreement
EBIZNETWORKS Co.,Ltd.("EBIZNETWORKS") IS WILLING TO LICENSE THE ENCLOSED SOFTWARE (AS WELL AS UPDATES EBIZNETWORKS MAY FURNISH YOU FROM TIME TO TIME) AND DOCUMENTATION (THE "SOFTWARE") TO YOU ("YOU") ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS IN THIS SOFTWARE LICENSE AGREEMENT (THE "AGREEMENT"). IF YOU ARE AN EMPLOYEE OR AGENT OF A COMPANY (THE "COMPANY") AND ARE ENTERING INTO THIS AGREEMENT TO OBTAIN THE SOFTWARE FOR USE BY THE COMPANY FOR ITS OWN BUSINESS PURPOSES, YOU HEREBY AGREE THAT YOU ENTER INTO THIS AGREEMENT ON BEHALF OF THE COMPANY AND THAT YOU HAVE THE AUTHORITY TO BIND THE COMPANY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.
BY CLICKING ON THE "I Agree" BUTTON BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY IT. IF YOU DO NOT AGREE TO ANY OF THE TERMS BELOW,EBIZNETWORKS IS UNWILLING TO LICENSE THE SOFTWARE TO YOU, AND YOU SHOULD NOT CLICK ON THE "I Agree" BUTTON BELOW TO DISCONTINUE THE MEMBERSHIP APPLICATION.
LICENSE. Subject to the terms and conditions of this Agreement, EBIZNETWORKS hereby grants You a limited, non-exclusive, personal license to install, perform and use the Software, in machine-readable form only, solely for Your own personal or internal business use on a single computer.
RESTRICTIONS. You may not use or copy the Software, or any copy thereof, in whole or in part, except as expressly provided in this Agreement. You may not modify, reproduce, create derivative works of, distribute, sell, resell, lend, loan, lease, license, sublicense or transfer (except as expressly provided herein) the Software or any portion thereof. You may not reverse engineer, disassemble, decompile, or translate the Software, or otherwise attempt to derive the source code of the Software, or authorize any third party to do any of the foregoing, except to the extent allowed under any applicable law. The Software contains trade secrets, trademarks, patents, and copyrights owned by EBIZNETWORKS, and You shall maintain the Software in confidence. You shall not allow any access to or use of the Software by anyone other than You, or Your employees or agents, and any such use must be consistent with the terms, conditions and restrictions set forth in this Agreement.
LICENSE FEES. You are responsible for paying EBIZNETWORKS or the retailer from whom you purchased the Software, the specified fees, and applicable taxes, for the license of the Software.
AUTOMATIC BILLING OF YOUR SUBSCRIPTION, The subscription fee will be processed upon registration of your subscription.
Your subscription will automatically renew and be billed unless you take action to cancel your subscription. We will charge the subscription fee to the credit card or any other payment method you provide to us.
Your subscription will automatically renew for successive subscriptions, without prior notice to you, unless and until you cancel your subscription or we terminate it.
On your renewal day, your account will automatically be billed the current subscription fee.
You may cancel your order within 30 days of your placing order.
OWNERSHIP. The Software is licensed, not sold, to You for Your use only under the terms of this Agreement, and EBIZNETWORKS reserves all rights not expressly granted to You. You own the media, if any, on which the Software is recorded, but EBIZNETWORKS retains ownership of all copies of the Software itself.
UPDATES/SUPPORT. From time to time, EBIZNETWORKS may make new releases, revisions or enhancement to the Software ("Updates") available to You. Your purchase must be recorded with EBIZNETWORKS either through product registration or a direct purchase through global.pcclear.com for You to be notified of Updates. You may download and install those Updates as long as Your subscription is valid.
EBIZNETWORKS will provide You with mail or telephone support for the Software as long as Your subscription is valid.
TERM/TERMINATION. The Agreement becomes effective when You agree to the terms and conditions of this Agreement by opening, installing, using, accessing or manipulating the Software (the "Effective Date"), and this Agreement will terminate immediately upon notice to You if You materially breach any term or condition of this Agreement. You agree upon termination to promptly destroy the Software and all copies thereof.
TRIAL. If you are using the Software on a trial basis, and are authorized to do so, then You shall have a license under this Agreement to use the Software for the number of days indicated in the materials accompany the Software (the "Trial Period") from the date You install it, solely for the purpose of evaluating the Software to determine whether to purchase an ongoing license to the Software. At the end of the Trial Period, the Software will stop working. During the Trial Period, the Software is provided to You "as is" and Your use is entirely at Your own risk.
WARRANTY DISCLAIMER. THE SOFTWARE IS PROVIDED TO YOU "AS IS" AND EBIZNETWORKS AND ITS SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO ANY SUBJECT MATTER OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY OR MERCHANTILIABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EBIZNETWORKS, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, OR AGENTS SHALL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES.
LIMITATION OF REMEDIES. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL EBIZNETWORKS OR ITS SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, INTERRUPTION OF BUSINESS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR ANY DATA SUPPLIED THEREWITH, EVEN IF EBIZNETWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE. IN NO EVENT SHALL THE LIABILITY OF EBIZNETWORKS EXCEED THE TOTAL AMOUNT RECEIVED BY EBIZNETWORKS FROM YOU UNDER THIS AGREEMENT.
YOUR ACKNOWLEDGMENTS. You acknowledge that Your use of the SOFTWARE may remove or disable other programs from Your computer, including software that may or may not be "spyware," and You agree that EBIZNETWORKS shall not be responsible for such removal or disabling or the results of such removal or disabling. You are solely responsible for selecting which programs the SOFTWARE removes from your computer. While EBIZNETWORKS uses reasonable efforts to properly identify those products that constitute or include "spyware" and update its list of such products, EBIZNETWORKS cannot guarantee that its list is complete or completely accurate. Because new and/or modified "spyware" programs are regularly introduced, You should make sure You receive Updates to the SOFTWARE to detect those new products EBIZNETWORKS adds when we provide Updates to the SOFTWARE.
AUTHORITY AND INDEMNITY. If You have entered into this Agreement on behalf of (or to facilitate the use of the SOFTWARE by) a Company of which You are an employee or agent, You represent and warrant that You have the full corporate right, power and authority to enter into this Agreement on behalf of the Company, that this Agreement has been duly authorized by the Company and that this Agreement will constitute the legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms. You hereby agree to indemnify and hold EBIZNETWORKS harmless from any and all claims, damages, losses and expenses (including, without limitation, attorneys' fees) arising from any breach of this Section.
EXPORT LAW. The Software and related technology are subject to ROK(Republic of Korea)export control laws and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that You have the responsibility to obtain such licenses to export, re-export or import as may be required.
HIGH RISK ACTIVITY. You acknowledge and agree that the Software is not intended for use with any high risk or strict liability activity, including, without limitation, air or space travel, technical building or structural design, power plant design or operation, life support or emergency medical operations or uses, and that EBIZNETWORKS makes no warranty and shall have no liability arising from any use of the Software in any high risk or strict liability activities.
GENERAL. This Agreement will be governed by the laws of Republic of Korea, without regard to or application of any conflicts of law rules or principles. The courts for Seoul, Korea shall have exclusive jurisdiction over any disputes, claims or controversies arising out of or relating to this Agreement, and You hereby irrevocably waive any objection to the jurisdiction of such courts over any such dispute, claim or controversy. If any provision of this Agreement is held to be unenforceable, that provision will be enforced to the extent permissible by law and the remaining provisions will remain in full force. This Agreement is the complete and exclusive statement of the agreement between us which supersedes any proposal or prior agreement, oral or written, and any other communications between You and EBIZNETWORKS in relation to the subject matter of this Agreement.
If You have any questions regarding this Agreement or the Software, please contact the party that supplied the Software to You.
THE SOFTWARE IS PROTECTED BY REPUBLIC OF KOREA COPYRIGHT LAW AND INTERNATIONAL TREATY.
UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS SUBJECT TO CIVIL AND CRIMINAL PENALTIES.