April 01 , 2015
IMPORTANT: THIS SOFTWARE END-USER LICENSE AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR, IF PURCHASED OR OTHERWISE ACQUIRED BY OR FOR AN ENTITY, AN ENTITY) AND MULTICACHE.ORG
READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. AMONG OTHER PROVISIONS, IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS TERMINATION AND WARRANTY INFORMATION AND LIABILITY DISCLAIMERS.
THE END USER LICENSE AGREEMENT (“EULA” OR “AGREEMENT” ) GOVERNS THE USE OF MULTICACHE PACKAGE (“SOFTWARE”) AND MULTICACHE.ORG (“WEBSITE”) BY YOU ON YOUR WEBSITE (“END USER WEBSITE”) WHICH MAY OR MAY NOT BE MANAGED BY A CONTENT MANAGEMENT SYSTEM (“END USER CONTENT MANAGEMENT SYSTEM”).
BY INSTALLING AND USING THE SOFTWARE, YOU CONFIRM YOUR ACCEPTANCE OF THE SOFTWARE AND YOU AGREE TO BE BOUND BY THE TERMS OF THIS END USER LICENSE AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN DO NOT INSTALL THE SOFTWARE AND RETURN THE SOFTWARE TO MULTICACHE.ORG OR PLACE OF PURCHASE FOR A FULL REFUND. YOU CAN ACCESS THIS END USER AGREEMENT AT ANY TIME FROM MULTICACHE.ORG . THESE RULES MAY BE MODIFIED FROM TIME TO TIME THE DATE OF THE MOST RECENT REVISIONS WILL APPEAR ON THIS PAGE. CONTINUED ACCESS TO THE PRODUCT OR WEBSITE WILL CONSTITUTE YOUR ACCEPTANCE OF ANY CHANGES OR REVISIONS TO THE AGREEMENT. YOUR FAILURE TO FOLLOW THESE RULES, WHETHER LISTED BELOW OR IN BULLETINS POSTED AT VARIOUS POINTS IN THE SERVICE MAY RESULT IN SUSPENSION OF YOUR WEBSITE ACCOUNT OR TERMINATION TO YOUR CONTINUED ACCESS TO SOFTWARE UPDATES AND WEBSITE WITHOUT NOTICE, IN ADDITION TO OTHER REMEDIES.
“Intellectual Property Rights” means trade secret rights, rights in know- how, moral rights, copyrights, patents, trademarks (and the goodwill represented thereby), and similar rights of any type under the laws of any governmental authority, domestic or foreign, including all applications for and registrations of any of the foregoing.
“Agreement” means this END USER LICENSE AGREEMENT.
“Licensed Server” means the single domain name identified by You to which this software is locked and upon which the terms and conditions of this Agreement shall apply. A Licensed Server may be a Virtual Private Server, Dedicated server or cloud server or a cluster of servers on which your website resides identified by the same domain name.
“Territory” means the world, except to the extent that use or distribution of the Software in certain countries or regions would cause either party to violate.
Rules of Usage
MEMBER ACCOUNT, PASSWORD, AND SECURITY
In registering for the product you may choose a password, user name, and a current and working email address that you are legally entitled to use. You are entirely responsible for maintaining the confidentiality of your password and account. The website stores your password in encrypted form and it can not be retrieved for reminder purposes, although you can request the password to be changed via an online password reset process.
Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify the Multicache.org immediately of any unauthorized use of your account or any other breach of security. The copyright holders will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
However, you could be held liable for losses incurred by Multicache.org or another party due to someone else using your account or password. You may not use anyone else's account at any time without the permission of the account holder.
During the Term, solely within the Territory and subject to the terms and conditions of this Agreement, Multicache.org grants You a limited, non-exclusive, license to (a) install and use the Software on the the licensed Server only. The foregoing license is non- transferable, non-assignable and non-sublicensable.
The Software is licensed as a single product and none of the components in the Software may be separated for installation or use other than on the Licensed Server.
Back-Up Copy. If You make a back-up copy of the Software, such copy must be in machine-readable form and You must reproduce on such copy all Intellectual Property Right notices and any other proprietary legends on the original copy of the Software.
Commercial Use; Evaluation: If Your Pricing and Term Agreement provides for an Educational License, Non-Profit License or Trial Version License, You may not use the Software for any commercial purposes. Additionally, if Your Pricing and Term Agreement provides for a Trial Version License, You may only use the Software to review and evaluate the Software.
No Derivative Works; Reverse Engineering. You may not alter, merge, modify, prepare derivative works based upon, adapt or translate the Software in any manner whatsoever. Additionally, You may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to any human-readable form, or use the Software to develop any application having the same primary functions as the Software.
Monitoring of Software. Audit by Multicache.org. You agree that Multicache.org may audit Your use of the Software for compliance with this Agreement at any time, upon reasonable notice. You agree to cooperate with Multicache.org and any auditors selected by Multicache.org to complete the audit including by providing access to any facilities in which the Software is used or stored, including without limitation the facilities which house the Licensed Server and any facilities which Multicache.org reasonably believes house servers upon which the Software is installed. In the event that such audit reveals any use of the Software by You other than in compliance with the terms of this Agreement, You shall reimburse Multicache.org for all reasonable expenses related to such audit in addition to any other liabilities You may incur as a result of such noncompliance.
Mandatory Product Activation
The software will be deemed to be activated for purposes of this agreement within 15 days of purchase or delivery of the software which ever is later unless written notice is submitted and the product is surrendered.
The Software may evolve and be updated from time to time either through automatic download or made available on Multicache.org. These updates are designed to improve, enhance and further develop the Software and may take the form of bug fixes, enhanced functions, new software modules, completely new versions and additional products and services offered through or from the Software. You agree to receive such updates (and permit Multicache.org to deliver these to You) as a condition to Your use of the Software.
You agree that this Agreement shall supersede any prior End-User License Agreement between You and Multicache.org applicable to the Software and that such prior End-User License Agreement is hereby terminated if (a) You previously purchased a license for the Software and are now purchasing a new license for the Software so that You may obtain additional technical support or updates during the Term of this Agreement; or (b) the copy of the Software You licensed with this Agreement is an upgrade to an earlier version of the Software. You may not continue to use the earlier version of the Software or transfer it to another person or entity.
Term and Termination.
This Agreement shall be effective on the Effective Date and shall automatically expire at the end of the Term.
USE OF THE SOFTWARE BY YOU
The end user website that you install the product on may be your property however, the methods, techniques, data structures, and all information pertaining to the production and structure of load strategy maps and cache strategies formed and executed by the software shall at all times remain the intellectual property of Multicache.org , and rights to this information does not transfer to you despite your rightful ownership of such files based upon which the information was created.
You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching, or otherwise, of any other material obtained through the performance of the software, except as permitted by the Copyright Act orthe Patent Act or other law or as expressly permitted in writing by this Agreement, software copyright and patent holders.
You recognize and you acknowledge that Multicache.org and the copyright holders does not review or endorse the content upon which the software performs its methods and techniques and disclaims all liabilities associated with the content of the end user website.You agree to use the product at your own risk.
REVERSE ENGINEERING OF SIMULATION CONTROL AND CACHE STRATEGY MAPS
The techniques, data structures, and all information pertaining to the production and structure of load instruction files and strategy maps, including all processes associated with the execution and caching of files loaded vide a cache strategy map through causal simulation are and shall at all times remain the exclusive intellectual property of Multicache.org. No rights to this information is given or implied on creation and transference of strategy maps to yourself. This does not affect in any way your rights to ownership of such files or their use. Any modifications to the encoded software files or the multicache simulation system or reverse engineering efforts such as, but without limitation, for the purpose of altering license information, host or time based access restrictions, obtaining passwords or other textural data, or discovering load time performance techniques, is strictly forbidden.
Furthermore, privately or publicly disclosing knowledge gained of techniques used by the software performance, the cache strategy files and the simulation system, whether gained directly or indirectly, including by accident, and other than those already placed in the public domain by an authorized agent of the product company, is also prohibited. Such practices may result in the product company seeking substantial damages to the fullest extent of the legal process, and in addition and without prejudice to remedies sought by third parties for damages as a consequence of such prohibited actions.
You agree to indemnify the software, Multicache.org, its affiliates, employees, agents , representatives and third-party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys fees) which may arise from your usage of the software, from your unauthorized use of material obtained through the product, or from your breach of this Agreement, or from any such acts through your use of the product.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY:
YOU ACKNOWLEDGE THAT YOU ARE USING THE SOFTWARE AT YOUR OWN RISK. THE SOFTWARE IS PROVIDED "AS IS", AND MULTICACHE.ORG, COPYRIGHT HOLDERS, ITS AFFILIATES AND ITS THIRD-PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE PRODUCT OR ITS SERVICE. MULTICACHE.ORG, SOFTWARE DEVELOPEMENT COMPANY, SOFTWARE DEVELOPERS, ITS AFFILIATES AND ITS THIRD-PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE PRODUCT WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SERVICE.
MULTICACHE.ORG, ITS AFFILIATES AND ITS THIRD- PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY LOST PROFITS, LOSS OF USE, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, BUSINESS INTERRUPTION, OR FOR ANY OTHER DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES; HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, OR TORT INCLUDING NEGLIGENCE OR OTHERWISE ARISING IN ANY WAY ALLEGEDLY SUSTAINED ARISING OF THE USE OF THE SOFTWARE, THE PROVIDING OF SERVICES HEREIN, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE SERVICE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SOFTWARE, YOUR USE OF OR RELIANCE ON THE SERVICE OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE SOFTWARE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
YOU HEREBY AGREE TO RELEASE MULTICACHE.ORG, ITS SOFTWARE DEVELOPERS, ITS AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE AND SOFTWARE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOUR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR".
TERMINATION OF ACCESS TO THE SERVICE
Multicache.org reserves the right at its discretion to suspend or terminate your ability to access the software (or software updates) if breaches of these terms and conditions or those currently inforce are suspected, and where such a breach may reasonably be expected to damage the Service provider or its members. In all cases attempts will be made to resolve such issues, and in the event that this is not possible, refunds of any remaining term of license calculated on a prorata basis will be made after the deduction of any reasonable and necessary costs incurred as a result of the breach that have been be made, with the exception of suspected fraud against the software company or website or its members or affiliates, and in which case no refund will be payable until investigations by the relevant authorities are complete and if such a refund is then due.
The website makes no representation that materials on the software are appropriate, available or legal in any particular location. Those who choose to access the Service do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.