MPORTANT - READ CAREFULLY BEFORE INSTALLING SOFTWARE
NEXAWEB TECHNOLOGIES INC.
END USER SOFTWARE LICENSE AND SERVICES AGREEMENT
...
YOU (“LICENSEE”) SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS COMPUTER PROGRAM(S) AND DOCUMENTATION. NEXAWEB TECHNOLOGIES, INC. (INCLUDING ITS SUBSIDIARIES) (“NEXAWEB”) IS ONLY WILLING TO PROVIDE THIS COMPUTER PROGRAM(S), ANY RELATED DOCUMENTATION AND SERVICES HEREUNDER TO LICENSEE UPON THESE TERMS AND CONDITIONS. BY CLICKING ON THE "ACCEPT" BUTTON, YOU ARE CONSENTING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ACKNOWLEDGING YOUR AUTHORITY TO DO SO ON BEHALF OF YOUR COMPANY AND/OR CUSTOMER (IF APPLICABLE). IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, CLICK THE "DO NOT ACCEPT" BUTTON AND THE INSTALLATION PROCESS WILL NOT CONTINUE. UNLESS OTHERWISE AGREED TO BY THE PARTIES, THE TERMS AND CONDITIONS OF THIS AGREEMENT SHALL GOVERN ANY AND ALL USE BY LICENSEE OF THE SOFTWARE AND/OR THE SERVICES, SET FORTH HEREIN, INCLUDING WITHOUT LIMITATION PRIOR TO AND/OR AFTER THE EFFECTIVE DATE OF THIS AGREEMENT.
...
DEFINITIONS. The following definitions apply: “Confidential Information” means the Software, allparts, copies and modifications thereof and any other information, in whatever form, received by Licensee from Nexaweb which is identified as being proprietary or confidential at the time of disclosure or should reasonably be understood to be proprietary; provided, however, such information shall not be deemed Confidential Information if Licensee can clearly establish by written evidence that it (a) is or becomes a part of the public domain through no act or omission of Licensee; or (b) was in Licensee’s lawful possession prior to the disclosure and had not been obtained by Licensee from Nexaweb; or (c) is lawfully disclosed to Licensee by a third party without restriction on disclosure; or (d) is independently developed by Licensee without the use of any Confidential Information; “Documentation” means the documentation (in both electronic and hardcopy form) that pertains to the Software and is customarily provided by Nexaweb for use with the Software; “internal business purposes” shall include third party access by way of the internet to Licensee’s application, provided that such third parties shall not access the individual object code modules of particular routines in the Software that are otherwise accessible by operation of such application; “Maintenance”means technical telephone support and updates in support of the Software; “Nexaweb” means Nexaweb Technologies, Inc., a Delaware corporation (including its subsidiaries); “Product Schedule” means the products,pricing, license and application configuration and allocation of services terms, which the parties hereby agree and commit to and make reference to this Agreement; “Software” means the Nexaweb software, Documentation, and any patch, update, upgrade, modification or other enhancement to such software or Documentation so delivered to Licensee.
...
12. COPYRIGHT.Copyright© 2007 Nexaweb Technologies, Inc. All rights reserved. Nexaweb software products are copyrighted and all rights are reserved by Nexaweb. Title to the Software and Documentation, and patents, copyrights and all other property rights applicable thereto, shall at all times remain solely and exclusively with Nexaweb and its licensors, and Licensee shall not take any action inconsistent with such title. The Software and Documentation is protected by copyright laws and international treaty provisions. Licensee shall not remove any copyright notices or other proprietary notices from the Software or Documentation, and Licensee must reproduce such notices on all copies or extracts of the Software or Documentation. Licensee does not acquire any rights of ownership in the Software.
...
Should you have any questions concerning this Agreement, please write: Nexaweb Technologies, Inc. 3 New England Executive Office Park, Suite 150 77 South Bedford Street, Suite 201, Burlington, MA 01803, USA - Attn: Legal