Terms and Conditions

Downloaded Software End User License Agreement

The following indicates and explains the terms and conditions for the Acceptable Use Policy for the use of ISPx Web Accelerator. Upon using the ISPx Web Accelerator, users are bound to follow the rules and regulations stated herein, as well as future modifications, should there be any. Redistribution or rental is not permitted. Penalty for the violation of any of these rules and regulations are specified under the section, "Penalty for Violation".

By clicking the acceptance button or installing or using the product, the individual or entity licensing the product ("Tri-Isys Internet") and the end user is consenting to be bound by and becomes a party to this agreement. If licensee and end user does not agree to all of the terms of this agreement, the button indicating "no" must be selected, and licensee and end user must not install or use the product.

License Agreement

In this Agreement, "Licensee" shall mean Tri-Isys Internet and ISPx Web Accelerator is the "Product". If more than one license agreement was provided for the Product, and the terms vary, the order of precedence of those license agreements is as follows: a signed agreement, a license agreement available for review on the ISPx Web Accelerator website, a printed or electronic agreement that states clearly that it supersedes other agreements, a printed agreement provided with the Product, an electronic agreement provided with the Product.

Upon Your acceptance of this Agreement and subject to the terms hereof, Tri-Isys Internet ("Tri-Isys") grants You, the end-user, ("You") a limited, personal, non-exclusive, non-negotiable and non-transferable license to use the accompanying software in executable only and documentation and any error corrections, updates and supplements thereto provided to You by Tri-Isys, on only one computer system at a time solely in conjunction with Your use of the Product. A single license for the Product may not be shared or used concurrently by other end users. If the Product is provided to You for a free trial period such license to use is further restricted to use only for evaluation purposes during such free trial period.

User Guideline

The end-user You, shall not: publish any results of benchmark tests or any other tests, run on or with respect to the Product, in isolation or in comparison to a third party product or service or otherwise, without the Licensee's prior written consent; modify or create any derivative works of the Product or documentation, including translation or localization; decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Product (except to the extent applicable laws specifically prohibit such restriction); redistribute, encumber, rent, lease, sub-license or otherwise transfer rights to the Product; or remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Product.

The Product is classified and duly copyrighted. All rights, title and interest in and to the Product, and copies of the Product and all associated intellectual property rights are retained by Tri-Isys and/or its licensors.

Do not use the Product in any dangerous activities where damage or injury to persons, property, environment or business may happen if any failure occurs. You are directly responsible for such use.

Termination

This Agreement is operative until terminated. You may terminate this Agreement at any time by destroying all your copies of the Product. Upon cancellation or termination of Your Service subscription this Agreement will automatically terminate. Without prejudice to any other rights, Tri-Isys may terminate this Agreement if you breached any of the Licensee's terms and conditions. Tri-Isys reserves the right, in its sole discretion and at any time, to terminate this Agreement, modify or discontinue the Product; limit, terminate or suspend Your use of the Product; and/or make changes to or terminate this Agreement.

Disclaimer

The product is provided without warranty or condition of any kind, including without limitation the warranties that it is free of defects, merchantable, fit for a particular purpose or non-infringing. This disclaimer of warranty constitutes an essential part of this agreement. No use of the product is authorized under this agreement except under this disclaimer. Tri-Isys is independent over third party networks or web sites, and delays and disruptions are not Tri-Isys' responsibility. Tri-Isys cannot and will not guarantee that the product will sufficiently meet your needs.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event will licensor or its suppliers or resellers be liable for any direct, special, reliance, indirect, consequential, incidental, exemplary or punitive damages whatsoever (including, without limitation, damages for business interruption, loss of goodwill, computer failure or malfunction, work stoppage, use, data or profits or any other intangible or pecuniary loss) however caused and regardless of the theory of liability, arising out of or in any way related to this agreement or the use of or inability to use the product, even if Tri-Isys knew or shall have been advised of the possibility of such damages. in no event will Tri-Isys' liability to you, regardless of the form of action, whether in contract, tort, (including negligence whether active, passive or imputed), or otherwise, exceed the amount paid by you for the product under this agreement. These limitations shall apply notwithstanding any failure of any essential purpose of any limited remedy. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this exclusion and limitation may not be applicable.

You acknowledge that you have read this agreement, understand it and agree to be bound by its terms and conditions. If applicable, "you" or "your" as referred to herein above means the entity or company (the "company") at which the product is installed pursuant to this agreement. In such event, you warrant and represent that as the individual selecting the "accept" button you are authorized to enter into this agreement on behalf of the company.

Penalty for Violation

This acceptable User Policy will serve as the last and final warning. Violators face potential restriction on and / or revocation of all privileges for a specific period of time. Blacklisting of the user, should it be necessary, is a right reserved by Tri-Isys Internet. Tri-Isys Internet reserves the right to suspend or terminate subscribers' access to and use of Tri-Isys Internet services anytime, due to violations of these Terms and Conditions.

Finally, Tri-Isys Internet reserves the right to take any legal action against violators, which it deems necessary to protect its interest.

Last Updated: 10/05/2004