Internet Hosting Services Master Agreement

 

 

Terms of Use

Scope of Grant
Customer may:

Customer may not:

Title.
Title, ownership rights, and intellectual property rights in the Software shall remain in Pendulab and/or its suppliers. The Software is protected by copyright laws and treaties. Title and related rights in the content accessed through the Software is the property of the applicable content owner and may be protected by applicable law. This License gives Vendor no rights to such content.

 

LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL PENDULAB PTE LTD OR ITS EMPLOYEES OR ITS DIRECTORS OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO VENDOR OR END USER OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL PENDULAB BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PENDULAB RECEIVED FROM CUSTOMER LESS CONSULTING AND CUSTOMIZATION FEE, FOR A LICENSE TO THE SOFTWARE, EVEN IF CUSTOMER AND END USER IS DEEMED TO HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

 

INDEMNITY
CUSTOMER and End User shall indemnify and defend PENDULAB PTE LTD and its subsidiaries and affiliates, and their respective shareholders, directors, managers, officers, employees, representatives and agents (the "Pendulab Indemnitees") from and against, and hold the Pendulab Indemnitees harmless from any and all claims, suits, liabilities, losses, damages, costs, and expenses, including, without limitation, reasonable attorney's fees and costs and settlement amounts, asserted against Pendulab Indemnitees by any third party or associates, clients, employees or shareholders of the CUSTOMER, to the extent arising out of or resulting from, directly or indirectly: (I) any material breach of this Agreement by CUSTOMER, including any representations or warranties of CUSTOMER; (II) any acts, omissions, misrepresentations, or negligence by CUSTOMER or any of its employees, experts or contractors relating to this Agreement; (III) any operation failure arising from the use of the Software.

CANCELLATION

Initiate cancellation by notifying billing@pendulab.com or calling 866.421.5303.  Request must be RECEIVED prior to the monthly renewal date as the cancellation will stop the next recurring monthly fee from being charged.  Refunds for monthly charges are not given if request is received after monthly renewal charge has been processed.

 

Software License Master Agreement

 

Terms of Use

Scope of Grant

Customer may:

Customer may not:

Title.
Title, ownership rights, and intellectual property rights in the Software shall remain in Pendulab and/or its suppliers. The Software is protected by copyright laws and treaties. Title and related rights in the content accessed through the Software is the property of the applicable content owner and may be protected by applicable law. This License gives Vendor no rights to such content.

 

LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL PENDULAB PTE LTD OR ITS EMPLOYEES OR ITS DIRECTORS OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO CUSTOMER OR END USER OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL PENDULAB BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PENDULAB RECEIVED FROM CUSTOMER LESS CONSULTING AND CUSTOMIZATION FEE, FOR A LICENSE TO THE SOFTWARE, EVEN IF CUSTOMER AND END USER IS DEEMED TO HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

 

INDEMNITY
CUSTOMER and End User shall indemnify and defend PENDULAB PTE LTD and its subsidiaries and affiliates, and their respective shareholders, directors, managers, officers, employees, representatives and agents (the "Pendulab Indemnitees") from and against, and hold the Pendulab Indemnitees harmless from any and all claims, suits, liabilities, losses, damages, costs, and expenses, including, without limitation, reasonable attorney's fees and costs and settlement amounts, asserted against Pendulab Indemnitees by any third party or associates, clients, employees or shareholders of the CUSTOMER, to the extent arising out of or resulting from, directly or indirectly: (I) any material breach of this Agreement by CUSTOMER, including any representations or warranties of CUSTOMER; (II) any acts, omissions, misrepresentations, or negligence by CUSTOMER or any of its employees, experts or contractors relating to this Agreement; (III) any operation failure arising from the use of the Software.

 

Export Restrictions
This product may not be exported, transshipped or reexported to ineligible countries or to persons or other entities prohibited from receiving U.S. exports. Countries for which prohibitions or restrictions are currently in place include Afghanistan (Taliban-controlled areas), Angola, Cuba, Iran, Iraq (special licensing required), Libya, North Korea, Rwanda, Sudan, Syria and the Western Balkans. No export through or in transit through Albania, Armenia, Azerbaijan, Belarus, Bulgaria, Cambodia, Cuba, Estonia, Georgia, Kazakhstan, Kyrgyzstan, Laos, Latvia, Lithuania, Mongolia, North Korea, Russia, Tajikistan, Turkmenistan, Ukraine, Uzbekistan, Vietnam.