Fastlink2 Software
End User License Agreement (EULA)
Copyright © 2003-2005 Fastlink2

END USER LICENSE AGREEMENT FOR FASTLINK2 SOFTWARE
NOTICE TO USER: THIS IS A CONTRACT. BY INSTALLING THIS SOFTWARE, YOU ACCEPT THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.

PLEASE REVIEW THIS IMPORTANT INFORMATION CAREFULLY BEFORE USING OR DISTRIBUTING FASTLINK2 SOFTWARE: Ensure you read and fully comprehend all of the rights and restrictions described in this License Agreement. You will be prompted to read and either agree or reject the terms of the End User License Agreement (EULA). Our software will not install on your system until you agree to the terms of this EULA.

When prompted to click “yes” or “no” to this agreement, clicking “yes” is your signature that you agree and accept the terms of this agreement. To find a copy of this agreement, access the website, www.fastlink2.com or contact us via email at info@fastlink2.com or using the contact form at www.fastlink2.com/contact.htm.

This agreement is legally binding between you (an individual, corporation, group or a single entity) and Fastlink2 in regards to the software accompanying this agreement, which includes the associated computer software, and may include related media, printed items and any "online" or electronic documents. ACCEPTING AND AGREEING TO THE TERMS OF THIS LICENSE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT, YOU SHOULD NOT USE OR DISTRIBUTE THIS PRODUCT. THIS LICENSE AGREEMENT REPRESENTS THE ENTIRE AGREEMENT CONCERNING THE PRODUCT BETWEEN YOU AND FASTLINK2.


License Grant.
This License permits you to use one copy of the Software solely for your internal operations on a single computer. The enclosed documentation ("Documentation") may not be copied. You agree that you will not sublicense, assign, transfer, distribute, pledge, lease, rent or share your rights under this License except with prior written permission from Fastlink2. You agree that you will not modify, adapt or translate, or disassemble, decompile, reverse engineer or otherwise attempt to discover the source code of the Software.

Fastlink2's Rights.
You acknowledge and agree that the Software and Documentation (the "Licensed Products") are proprietary products of Fastlink2 protected under international copyright law and disclosed to you by Fastlink2 in confidence. You shall take all reasonable steps to safeguard the Licensed Products. Fastlink2 owns and retains all copyright, trademarks, trade secret and other proprietary rights in and to the Licensed Products. This License conveys to you only a non-exclusive and limited right of use, revocable in accordance with the terms and conditions of this License.

Upgrades and support.
Upgrades and support services may be purchased under separate agreement with Fastlink2.

DISCLAIMER OF WARRANTIES
THE FASTLINK2 PROGRAM(S) IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. "FASTLINK2" MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE "FASTLINK2" PROGRAM(S) OR THE USE OR THE RESULTS OF THE USE OF THE"FASTLINK2" PROGRAM(S). YOU EXPRESSLY AGREE THAT YOUR USE OF THE "FASTLINK2" PROGRAM(S) IS AT YOUR SOLE RISK. "FASTLINK2" EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. "FASTLINK2" DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. "FASTLINK2" DISCLAIMS, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE "FASTLINK2" PROGRAM(S). "FASTLINK2" DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH THE "FASTLINK2" PROGRAM(S) OR RECEIVED THROUGH ANY PROVIDED BY THE "FASTLINK2" WEB SITE OR ANY USE OF THE "FASTLINK2" PROGRAM(S). "FASTLINK2" DOES NOT WARRANT THAT THE "FASTLINK2" PROGRAM(S), THE "FASTLINK2" SERVERS, OR E-MAIL SENT FROM "FASTLINK2" ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY
IN NO EVENT SHALL "FASTLINK2" BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR NEGLIGENCE, DEFAMATION, COPYRIGHT OR ANY OTHER CLAIMS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE "FASTLINK2" PROGRAM(S) , WITH THE DELAY OR INABILITY TO USE THE "FASTLINK2" PROGRAM(S) , THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE "FASTLINK2" PROGRAM(S) OR OTHERWISE ARISING OUT OF THE USE OF THE "FASTLINK2" PROGRAM(S), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF USER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

BECAUSE CERTAIN STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE "FASTLINK2" PROGRAM(S) , OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE "FASTLINK2" PROGRAM(S) .

COPYRIGHT
"FASTLINK2" Program(s) and are the property of "FASTLINK2" and protected by Germany and international copyright laws. If you acquired the software in the United States of America, the laws of the State of Washington, U.S.A. will apply to this contract. If you acquired this SOFTWARE outside of the United States of America, then local law may apply.

TRADEMARKS
"FASTLINK2" is trademarks of "FASTLINK2". You agree not to display or use such trademarks in any manner without "FASTLINK2"'s express written prior permission.

EXPORT LAW ASSURANCES
You may not use or otherwise export or re-export the "FASTLINK2" Program(s) except as authorized by United States law and the laws of the jurisdiction in which the "FASTLINK2" Program(s) was obtained.

MISCELLANEOUS
The License constitutes the entire agreement between you and "FASTLINK2" Program(s) and govern your use of the "FASTLINK2" Program(s), superceding any prior agreements between you and "FASTLINK2". You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The License and the relationship between you and "FASTLINK2" shall be governed by the laws of Germany without regard to its conflict of law provisions. "FASTLINK2" may amend the License at any time by a notice on the "FASTLINK2" web site, which shall be binding upon you. You may not revise or amend the License without the prior written authorization of an officer of "FASTLINK2". You hereby irrevocably consent to the personal and exclusive jurisdiction of the courts located within the city of Leverkusen, NRW in all disputes arising out of or relating to the use of the "FASTLINK2" Program(s). The failure of "FASTLINK2" to exercise or enforce any right or provision of the License shall not constitute a waiver of such right or provision. If any provision of the License is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the License remain in full force and effect. You agree to indemnify and hold "FASTLINK2", its parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of the "FASTLINK2" Program(s).