HiProxy 3.0

Product HiProxy

Version 3.0 (Apr 2007)

Support Windows 98/ME, 2000/2003, XP and above

Web http://www.hiproxy.com

Email support@hiproxy.com

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HIPROXY SOFTWARE END-USER LICENSE AGREEMENT

This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and the author ("HiProxy.Com") for the software product HiProxy ("Software"), which includes computer software and may include associated media, printed materials, and online or electronic documentation.

Product HiProxy

Version 3.0 (Apr 2007)

Support Windows 98/ME, 2000/2003, XP and above

Web http://www.hiproxy.com

Email support@hiproxy.com

__________________________________________________

HIPROXY SOFTWARE END-USER LICENSE AGREEMENT

This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and the author ("HiProxy.Com") for the software product HiProxy ("Software"), which includes computer software and may include associated media, printed materials, and online or electronic documentation.

By installing, copying, or otherwise using the Software, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the Software. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold.

This License Agreement relates to the HiProxy software (the "Software"), and has three parts. Parts I and III apply if you have the Lite Edition of the Software. Parts II and III apply if you have purchased a license for the Pro Edition of the Software. If you initially acquired a copy of the Software without purchasing or otherwise obtaining a license, and wish to be authorized to use the Software, contact HiProxy.Com at support@hiproxy.com.

PART I: TERMS APPLICABLE TO LITE VERSIONS

1. License Grant. HiProxy.Com grants to you a non-exclusive, nontransferable license to use the Software free of charge for the sole purpose of evaluating the Software to determine if you wish to purchase a license for ongoing use. You may not use the Software for any other purpose, including specifically but without limitation for any commercial or other business purpose. A copy of the Software may be made for archival or backup purposes as long as it contains all the original proprietary notices in the Software as downloaded.

2. Obligations. In the event you wish to continue to use the Software after expiration of this License, you agree to enter into a license for use of the Software under Part II and to pay the applicable license fee.

3. Term. This License shall terminate immediately, and without additional prior notice, if you fail to observe any of its terms. Otherwise it shall expire, and the Software shall cease to function in thirty (30) days, or more.

4. Limitation of Liability. HIPROXY.COM SHALL HAVE NO LIABILITY WHATSOEVER FOR DAMAGES RESULTING FROM YOUR USE OF THE SOFTWARE.

PART II: TERMS APPLICABLE WHEN LICENSE FEE HAS BEEN PAID FOR THE PRO EDITION OF THE SOFTWARE

1. License Grant. HiProxy.Com grants to you a non-exclusive, nontransferable license to install the Software on a single server and to use the Software and accompanying documentation to enable multiple databases of the type specified at purchase to be used, accessed and displayed on a single website; a license fee must be paid for each additional website on which the databases of the type specified at purchase are used, accessed or displayed, even if the databases are not used on all such websites at the same time. A copy of the Software may be made for archival or backup purposes as long as it contains all the original Software's proprietary notices. If you receive one copy electronically and another copy on media, the copy on media may be used only for archival purposes and this license does not authorize you to use the copy on media on another computer or server unless an additional license fee is paid.

2. Term. This License shall be perpetual unless you fail to observe any of its terms, in which case it shall terminate immediately, and without additional prior notice.

3. Limitation of Liability. HIPROXY.COM'S LIABILITY FOR DAMAGES RESULTING FROM YOUR USE OF THE SOFTWARE SHALL NOT EXCEED THE AMOUNT OF THE LICENSE FEE ACTUALLY PAID BY YOU TO HIPROXY.COM FOR USE OF ONE COPY OF THE SOFTWARE.

PART III: TERMS APPLICABLE TO ALL LICENSE GRANTS

1. Restrictions on Use. You may not permit any other person to use the Software unless such use is in accordance with the terms of this Agreement. You may not modify, translate, reverse engineer, reverse compile, decompile, disassemble or create derivative works with respect to the Software. The Software is licensed as a single product, its component parts may not be separated for use on more than one computer. You may not rent, lease, sublicense, grant a security interest in or otherwise transfer your rights to use the Software. You may not copy the Software except as specified above, and you may not remove any proprietary notices or labels on the Software. Any rights not granted are reserved to HiProxy.Com.

2. Title. HiProxy.Com shall have sole and exclusive ownership of all right, title, and interest in and to the Software and all bug fixes, modifications and enhancements thereof (including ownership of all trade secrets and copyrights pertaining thereto), regardless of the form or media in which the original or copies may exist, subject only to the rights and privileges expressly granted by HiProxy.Com. The Software is copyrighted under the laws of the United States and international treaty provisions. This Agreement does not provide you with title or ownership of the Software, but only a right of limited use.

3. Additional Software. This license does not grant you any right to enhancements or updates, but if such are made available to you and obtained by you they shall become part of the Software and be governed by the terms of this license.

4. Actions Required Upon Termination. Upon termination of your license, unless upon such termination you simultaneously enter into another license for the Software, you agree to destroy all copies of the Software. You agree that with respect to any copies that may exist with respect to media containing regular backups of your computer or computer system, that you shall not access such media for the purpose of recovering the Software or online Documentation. The terms of Paragraphs I.4, II.3, III.2, III.4, III.6, III.7 and III.10 shall survive termination of this Agreement.

5. Export Controls. None of the Software, Documentation or underlying information may be downloaded or otherwise exported, directly or indirectly, without the prior written consent, if required, by the office of Export Administration of the United States, Department of Commerce, nor to any country to which the U.S. has embargoed goods, to any person on the U.S. Treasury Department's list of Specially Designated Nations or the U.S. Commerce Department's Table of Denials. By downloading the Software you are warranting that you are not located in, under the control of, or a national or resident of any such country or appear on any such list.

6. Disclaimer of Warranty. The Software is provided "AS IS," without any warranty of any kind, and you accept it "AS IS." THIS IS THE ONLY WARRANTY THAT IS MADE TO YOU BY HIPROXY.COM ON THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND IT IS MADE IN LIEU OF ALL OTHER WARRANTIES OR REMEDIES. FURTHER, HIPROXY.COM SPECIFICALLY DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SOFTWARE, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. HIPROXY.COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECT WILL BE CORRECTABLE. NO VERBAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HIPROXY.COM OR ITS EMPLOYEES SHALL CREATE A WARRANTY, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS BORNE BY YOU.

7. Further Limitation of Liability. In addition to the limitations set forth above, you agree that ALL LIABILITY RELATED TO YOUR USE OF THE SOFTWARE SHALL BE GOVERNED BY THIS LICENSE, AND HIPROXY.COM AND ITS LICENSORS SHALL HAVE NO LIABILITY WHATSOEVER FOR DAMAGES RESULTING FROM YOUR USE OF THE SOFTWARE. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL HIPROXY.COM, OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, OR ANY OTHER LEGAL THEORY AS A RESULT OF YOUR USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF HIPROXY.COM OR ITS LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF PROFITS OR REVENUE, LOSS OF GOODWILL, COST OF CAPITAL, OVERHEAD COSTS, BUSINESS INTERRUPTIONS OR WORK STOPPAGES, COMPUTER FAILURE OR MALFUNCTION, LOSS OR RECREATION OF DATA, OR COST OF ANY SUBSTITUTE. IN NO EVENT SHALL HIPROXY.COM OR ITS LICENSORS BE RESPONSIBLE OR HELD LIABLE FOR ANY DAMAGES RESULTING FROM PHYSICAL DAMAGE TO TANGIBLE PROPERTY OF DEATH OR INJURY OF ANY PERSON WHETHER ARISING FROM HIPROXY.COM OR ITS LICENSORS NEGLIGENCE OR OTHERWISE.

8. Assignment. This license may not be assigned (including by operation of law) or transferred to any other person.

9. U.S. Government Restricted Rights. The Software and Documentation are Commercial Computer Software provided with RESTRICTED RIGHTS under Federal Acquisition Regulations and agency supplements to them. Use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFAR 255.227-7013 et. seq. or 252.211-7015, or subparagraphs (a) through (d) of the Commercial Computer Software Restricted Rights at FAR 52.227-19, as applicable, or similar clauses in the NASA FAR Supplement. Contractor/manufacturer is HiProxy.Com.

10. Entire Agreement. This Agreement represents the complete agreement concerning this license, and may only be amended by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN THE PURCHASE ORDER FORM, AND YOU AGREE THAT ANY SUCH ADDITIONAL OR DIFFERENT TERMS ARE VOID. If any term of this License shall be found invalid, the term shall be modified or omitted to the extent necessary, and the remainder of the License shall continue in full effect.