End User License Agreement
This End User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and Web Generation with regard to the service and software provided by Web Generation (herein referred to as “SERVICE/SOFTWARE”). The SERVICE/SOFTWARE includes advice, written material, computer software and code, the associated media, any printed materials, and any “online” or electronic documentation. Use of any SERVICE/SOFTWARE and related documentation provided to you by Web Generation in whatever form or media, will constitute your acceptance of these terms, unless separate terms are provided by the software supplier, in which case certain additional or different terms may apply. If you do not agree with the terms of this EULA, do not download, install, copy or use the SERVICE/SOFTWARE provided by Web Generation. By installing, copying or otherwise using the SERVICE/SOFTWARE provided by Web Generation, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, Web Generation is unwilling to provide the SERVICE/SOFTWARE to you.
1. Disclaimer of Warranty. The SERVICE/SOFTWARE is provided “AS IS” without warranty of any kind. Web Generation and its suppliers disclaim and make no express or implied warranties and specifically disclaim the warranties of merchantability, fitness for a particular purpose and non-infringement of third-party rights. The entire risk as to the quality and performance of the SERVICE/SOFTWARE is with you. Neither Web Generation nor its suppliers warrant that the functions contained in the SERVICE/SOFTWARE will meet your requirements or that the operation of the SERVICE/SOFTWARE will be uninterrupted or error-free. Web Generation IS NOT OBLIGATED TO PROVIDE ANY UPDATES TO THE SERVICE/SOFTWARE.
2. Limitation of Liability. Web Generation’s entire liability and your exclusive remedy under this EULA shall not exceed the price paid for the SERVICE/SOFTWARE rendered, if any. In no event shall Web Generation or its suppliers be liable to you for any consequential, special, incidental or indirect damages of any kind arising out of the use or inability to use the SERVICE/SOFTWARE, even if Web Generation or its supplier has been advised of the possibility of such damages, or any claim by a third party.
3. No Liability for Consequential Damages. In no event shall Web Generation or its suppliers be liable for any damages whatsoever (including, without limitation, incidental, direct, indirect special and consequential damages, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use any SERVICE/SOFTWARE, product, code or advice, even if Web Generation has been advised of the possibility of such damages. Because some states/countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.