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Limitation of Distribution
This VENDOR.DOC describes the only terms by which MyWebServer LLC
Box 610457, No. Miami, FL 33261-0457, ) permit
Distribution of this Program.
"Commercially distribute" means to distribute for money or other
consideration. It includes copying onto magnetic disks, CD-Roms or any other
tangible medium now or subsequently known, and distribution by retail rack,
direct mail, catalog, advertisement, or trade show.
"Program" means this Version 1 and its related files (including this one)
distributed by us under the mark "MyWebServer" (collectively, the "Trademark"),
as it may be upgraded or otherwise modified from time-to-time.
Distribution is "non-commercial" when for free, or by any not-for-profit
corporation or tax exempt organization, or by hobby, user or computer
interest group to its members, or by any BBS.
A. OWNERSHIP: Except to the extent expressly licensed by us, we have and
reserve the exclusive copyright and other right, title and interest to
distribute the Program and all earlier versions of it, and the right to use
the Trademark in connection with them.
B. THINGS YOU MUST DO: You may Commercially Distribute the Program under
this License so long as you:
[1] Try to sell only the most current version of it,
[2] Make distribution copies only from master copies received directly from
us using high quality disks and duplication technology,
[3] Distribute the complete Program including all of its related files,
each in compressed or other format as released by us,
C. Your right to distribute under this license is personal, and does not
include any right to [1] sublicense or otherwise cause any copying or
distribution of the Program by anyone else without our consent in writing,
or [2] rent or lease the Program, or [3] sell it as part of any hardware
or software package.
D. THE PROGRAM IS PROVIDED "AS-IS". NO WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, ARE MADE AS TO IT OR ANY MEDIUM IT MAY BE ON. WE WILL PROVIDE NO
REMEDY FOR INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES ARISING
FROM IT, INCLUDING SUCH FROM NEGLIGENCE, STRICT LIABILITY, OR BREACH OF
WARRANTY OR CONTRACT, EVEN AFTER NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.
E. TERM: This License terminates upon 30 days prior written notice by either
us to the other. If terminated by us by such notice, you may distribute the
Program until the earlier of 30 days after the termination date in the notice,
or completion of the distribution of the copies you have in stock. Sections A,
D and F will survive the termination of this License.
F. MISCELLANY
[1] Since we would be irreparably damaged if Section A, B, C or D of this
License were not specifically enforced, we will be entitled without
bond, other security or proof of damages, to appropriate equitable
remedies with respect to breaches of such sections, in addition to such
other remedies as we may have.
[2] You will hold us, our partners, contractors, employees and agents
harmless from damage, loss and expense arising directly or indirectly
from your acts and omissions in copying and distributing the Program.
[3] With respect to every matter arising under this License, you consent to
the exclusive jurisdiction and venue of the state and federal courts
sitting in Miami Florida, and to service by certified mail,
return receipt requested, or as otherwise permitted by law.
G. AMENDMENTS. MyWebServer LLC may amend these terms and conditions at any time
by a notice on this web site, which shall be binding upon you; accordingly, we
urge you to visit the MyWebServer web site periodically to review the then
current and effective terms and conditions for use of the SOFTWARE, as well as
the MyWebServer web site and service. You may not revise or amend these terms
and conditions without the prior written authorization of an officer of
MyWebServer LLC Certain provisions of these terms and conditions may be
superceded by expressly designated legal notices or terms located within the
MyWebServer web site at:
https://mywebserver.org/us/terms/SoftwareReDistribution.shtml
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