END USER LICENSE AGREEMENT
LEVELTEN HIT COUNTER
THIS IS AN ELECTRONIC CONTRACT BETWEEN YOU AND LORENTZ CONSULTING GROUP, LLC A TEXAS FORMED COMPANY. AS SUCH, YOU ARE MAKING LEGALLY ENFORCEABLE PROMISES TO US. ACCEPTANCE OF THIS AGREEMENT IS ACKNOWLEDGED EITHER THROUGH CLICKING THE 'I have read and accept...' BOX AT DOWNLOAD AND/OR BY INSTALLATION AND USE OF THE SOFTWARE.
RIGHTS GRANTED UNDER THE LICENSE
"LevelTen Hit Counter", "Software", and "Source Code" refers to the Flash hit counter display, hit counter JavaScript code, Flash admin, the Admin and Counter PHP or CGI scripts and all associated files, and documentation. "You" means the person or company who is being licensed to use the LevelTen Hit Counter Software. "We," "us" and "our" means Lorentz Consulting Group, LLC.
We hereby grant you a nonexclusive license to use the LevelTen Hit Counter on any personal or commercial website as long as it does not breach any of the restrictions, representations, warranties or covenants of this agreement.
TITLE
We remain the owner of all right, title and interest of LevelTen Hit Counter including all Source Code and associated documents.
You agree and acknowledge that LevelTen Hit Counter is our intellectual property and that you have no right to title or interest therein.
RESTRICTIONS
1. No rights are given to distribute or re-sell the Software or its' Source Code in part or in whole.
2. You may not decompile the Flash files or use any part of the system for personal or commercial development.
3. This license is NON-TRANSFERABLE.
4. You must not remove or alter any LevelTen Design, Lorentz Consulting Group, LLC or WebsiteDesign&Promotion links (including about and help links), copy write notices and branding text from their original form.
5. The "LevelTen Hit Counter by LevelTen Design" hyperlinked credit logo must be must be embedded on every web page that the Software is tracking exactly as it is generated by the Software. The logo images must not be altered, re-sized, removed or hidden in any way.
DISCLAIMER OF WARRANTIES AND LIABILITIES
LevelTen Hit Counter is provided as-is. We do not make any warranties, and shall have no liability to you with respect to your use of LevelTen Hit Counter.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER CONTRACT, TORT, OR OTHERWISE, SHALL WE BE LIABLE TO YOU FOR INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES INCLUDING ANY LOST PROFITS OR LOST SAVINGS EVEN IF WE OR AN AUTHORIZED DEALER OR DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES OR FOR ANY CLAIM BY ANY OTHER PARTY.
USE AND CONTENT RESPONSIBILITY
You are solely responsible for any and all use of LevelTen Hit Counter and the content on your website, E-Mails or other forms of communication associated with your use of LevelTen Hit Counter. This includes but is not limited to use of copyright and trademarked material, spaming, and any material that is unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic, profane or could be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
UNDER ALL CIRCUMSTANCES AND UNDER ALL LEGAL THEORY, WHETHER CONTRACT, TORT, OR OTHERWISE; YOU WILL BE HELD LIABLE FOR ANY CLAIMS AGAINST US MADE BY THIRD PARTIES FOR INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES PERTAINING TO YOUR USE AND CONTENT IN ASSOCIATION WITH THE SOFTWARE
INJUNCTIVE RELIEF
You acknowledge and agree that the unauthorized use, transfer or selling of LevelTen Hit Counter or its components will substantially diminish the value to us and cause economic damage. If you breach any of this agreement's obligations with respect to the use or confidentiality, we shall be entitled to equitable relief to protect our interests therein, including, but not limited to, preliminary and permanent injunctive relief.
This license agreement is governed by the laws of the state of Texas.
MISCELLANEOUS.
We reserve the right to reference any website or company using the Software in our sales and marketing literature.
We reserve the right to monitor compliance with this EULA and to restrict the use of the Software for non-compliance.
This Agreement and its exhibits contain the entire understanding and agreement between the parties respecting the subject matter hereof. This Agreement may not be supplemented, modified, amended, released or discharged except by an instrument in writing signed by each party's duly
authorized representative. All captions and headings in this Agreement are for purposes of convenience only and shall not affect the construction or interpretation of any of its provisions. Any waiver by either party of any default or breach hereunder shall not constitute a waiver of any provision of this Agreement or of any subsequent default or breach of the same or a different kind.
Lorentz Consulting Group, LLC can be contacted at:
214.887.8586
webmaster@atmanager.com
2929 Carlisle St, Ste 375
Dallas, TX 75206
EULA LevelTen Hit Counter - version 3 (12/7/03)
2002© Lorentz Consulting Group, LLC Dallas, Texas - All rights reserved.