PlanetDNS is a division of NewAce Corporation. The use of the software and associated service is therefore governed by the NEWACE CORPORATION END-USER LICENSE AGREEMENT.

 

NEWACE CORPORATION END-USER SOFTWARE LICENSE AGREEMENT

 

YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE SOFTWARE WHICH CAN BE DOWNLOADED FROM THE NEWACE CORPORATION (HEREAFTER "NEWACE") WEBSITE, ALONG WITH ANY ACCOMPANYING DOCUMENTATION (THE SOFTWARE AND ITS DOCUMENTATION WILL BE REFERRED TO HEREIN AS THE "SOFTWARE").

 

YOUR USE OF THE SOFTWARE MEANS THAT YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, THEN NEWACE IS UNWILLING TO LICENSE THE SOFTWARE TO YOU, AND YOU MAY NOT USE THE SOFTWARE. BY INSTALLING, DOWNLOADING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED AND MAY NOT USE THE SOFTWARE.

  1. SOFTWARE LICENSE.
    The SOFTWARE is copyrighted and protected by law and international treaty, you may, however make and distribute unlimited copies of this SOFTWARE provided that you do not: (a) modify the SOFTWARE; (b) decompile, reverse engineer, or disassemble, modify, or create derivative works based on the SOFTWARE or the documentation in whole or in part; (c) remove any copyright or other NEWACE proprietary notices; or (d) transfer the SOFTWARE to another person. This is a license, not a transfer of title.

    You acknowledge that NEWACE may from time to time issue upgraded versions of the SOFTWARE, and may automatically electronically upgrade the version of the SOFTWARE that you are using on your computer. You consent to such automatic upgrading, and agree that the terms and conditions of this Agreement (as may be amended from time to time by notices posted on NEWACE's web site) will apply to all such upgraded versions.
     

  2. USE OF THE NEWACE SOFTWARE AND NEWACE SERVICE.
    The SOFTWARE is designed to provide you with a visible presence on the Internet from which you can make content available. This may be accomplished by the use of a web server, FTP server, or other content delivery mechanism. NEWACE does not, and cannot, control what content you make available. Accordingly, you are responsible for complying with all applicable federal and state laws applicable to such content, including copyright laws.

    NEWACE respects copyright law and expects our users to do the same. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders' rights. As a condition to the license to use the SOFTWARE, you agree that you will not use the SOFTWARE or the NEWACE service to infringe the intellectual property rights of others in any way. You also agree to comply with all of the notices, terms and conditions posted on the NEWACE web site, including but not limited to the Terms of Use and the NEWACE Copyright Policy posted thereon.

    As a condition to your use of the NEWACE service and SOFTWARE, you agree that you will not (i) use the NEWACE service, to attempt to penetrate, modify or manipulate the NEWACE service or any of the hardware or software thereof, in order to invade the privacy of, obtain the identity of, or obtain any personal information about (including but not limited to IP addresses of) any NEWACE account holder or user, or to modify, erase or damage any information contained on the computer of any user connected to the NEWACE service, or (ii) reverse engineer any portion of the NEWACE service.
     

  3. OWNERSHIP.
    The SOFTWARE is copyrighted proprietary material of NEWACE, but may be copied, uploaded, posted or transmitted only in its entirety. Except as expressly provided herein, NEWACE and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information of NEWACE or its suppliers.
     

  4. TERMINATION OF THIS LICENSE.
    NEWACE may terminate this license at any time if you are in breach of any of these terms and conditions of use. Upon such termination you must and agree to immediately destroy all copies of the SOFTWARE.
     

  5. DISCLAIMER.
    THE SOFTWARE IS PROVIDED "AS-IS." NEWACE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SOFTWARE OR ITS OPERATION. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NEWACE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES OF NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW OR OTHERWISE GOVERN THE SCOPE OF EXCLUSIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY IN FULL. The SOFTWARE may contain technical inaccuracies or typographical errors, so changes and/or updates may be affected without notice. NEWACE may also make improvements and/or other changes to the SOFTWARE at any time without notice.
     

  6. LIMITATION ON DAMAGES.
    IN NO EVENT SHALL NEWACE BE LIABLE TO ANY PARTY FOR DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM THE USE OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF NEWACE HAS BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
     

  7. GOVERNMENT END USERS.
    If this SOFTWARE is being acquired on behalf of the United States Government, the following applies. Use, duplication, or disclosure by the U.S. Government is subject to restrictions set forth in this NEWACE End-User Software License agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. NEWACE CORP. Box #456 STN MAIN, Sarnia, ON N7T 7J4. Canada

  8. GOVERNING LAW.

    The web site through which this SOFTWARE may be downloaded is controlled by NEWACE from its facilities in Canada. NEWACE makes no representations that the SOFTWARE is appropriate or available for use in other locations. Those who download this SOFTWARE from other jurisdictions do so at their own volition and are responsible for compliance with local law. You may not use or export this SOFTWARE in violation of Canadian or U.S. exports laws and regulations. This Agreement and any and all claims relating to the SOFTWARE shall be governed by the laws of the Province of Ontario without regard to or application of choice of law rules or principles.
     

  9. AMENDMENTS.
    NEWACE may amend these terms and conditions at any time by a notice on its web site, which shall be binding upon you; accordingly, we urge you to visit the NEWACE web site periodically to review the then current and effective terms and conditions for use of the SOFTWARE, as well as the NEWACE web site and service. You may not revise or amend these terms and conditions without the prior written authorization of an officer of NEWACE. Certain provisions of these terms and conditions may be superceded by expressly designated legal notices or terms located within the NEWACE web site.
     

  10. NO WAIVER.
    No delay or failure to take action under these terms and conditions will constitute a waiver by NEWACE unless expressly waived in writing by a duly authorized officer of NEWACE.