Please read this software license agreement ("License") carefully before using the Interoute Express software.
By using the Interoute Express software, you are agreeing to be bound by the terms of this license. If you do not agree to the terms of this license, do not use the software. If you do not agree to the terms of the license, click "disagree/decline".
IMPORTANT NOTE: This software is licensed to you only for the reproduction and distribution of noncopyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce and distribute.
The software and documentation accompanying this License in any form (collectively the "Interoute Software") are licensed, not sold, to you by Interoute Communications Limited ("Interoute") for use only under the terms of this License, and Interoute reserves all rights not expressly granted to you. The rights granted herein are limited to Interoute's and its licensors' intellectual property rights in the Interoute Software and do not include any other patents or intellectual property rights. You may own the media on which the Interoute Software is recorded but Interoute and/or Interoute 's licensor(s) retain ownership of the Interoute Software itself. The terms of this License will govern any software upgrades provided by Interoute that replace and/or supplement the original Interoute Software product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
2. Permitted License Uses and Restrictions.
2.1 This License allows you to install and use the Interoute Software. The Interoute Software may be used to download and distribute materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce and distribute. You may not:
2.2. You acknowledge and agree that:
2.2.1. Interoute, in its sole discretion, may discontinue or suspend your right to access the Interoute Software or content delivered by Interoute at any time, and may at any time suspend or terminate any license hereunder without prior notice.
2.2.2. Interoute reserves the right to add or remove features or functions, or to provide upgrades, updates or programming fixes, to the Interoute Software at any time in its sole discretion. You agree to accept any and all such upgrades, updates or programming fixes presented to you, including version updates, and further acknowledge and agree that your failure to accept any such fixes, updates and upgrades will permit Interoute to terminate your right to use the Interoute Software.
2.2.3. When minimized, the Interoute Software will continue to operate unless You affirmatively exit the software from your task bar or other applicable application interface.
3. Interoute Express Service
This software enables access to Interoute 's Express Service which offers downloads of files from an Interoute server. Use of the Service requires Internet access and use of the Service requires you to accept additional terms which will be presented to you before you can use such Service.
By using this software in connection with the Interoute Express Service, you agree to the latest Interoute Express Terms of Service, which you may access and review from the Interoute Express website.
You understand that by using the Service, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Service at your sole risk and that Interoute shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.
You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that Interoute is not in any way responsible for any such use by you.
You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, in any manner, and you shall not exploit the Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
Interoute and its licensors reserve the right to change, suspend, remove, or disable access to any Service at any time without notice. In no event will Interoute be liable for the removal of or disabling of access to any such Services. Interoute may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
This License is effective until terminated. Your rights under this License will terminate automatically without notice from Interoute if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Interoute Software and destroy all copies, full or partial, of the Interoute Software.
5. Disclaimer of Warranties
You expressly acknowledge and agree that use of the Interoute Software (as defined above) and Service is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, the Interoute Software and Service are provided "as is", with all faults and without warranty of any kind, and Interoute and Interoute's licensors (collectively referred to as " Interoute") hereby disclaim all warranties and conditions with respect to the Interoute Software and Service, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights.
Interoute does not warrant against interference with your enjoyment of the Interoute Software or Service, that the functions contained in the Interoute Software or Service will meet your requirements, that the operation of the Interoute Software or Service will be uninterrupted or error-free, or that defects in the Interoute Software or Service will be corrected.
Should the Interoute Software or Service fail, you assume the entire cost of all necessary servicing, repair or correction.
6. Limitation of Liability
To the extent not prohibited by law, in no event shall Interoute be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the Interoute Software or Service, however caused, regardless of the cause of liability (contract, tort or otherwise).
You agree to indemnify, hold harmless and defend Interoute and its affiliates, parent companies, subsidiaries, officers, directors, employees, agents and network service providers at your expense, against any and all damages, claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys' fees and other dispute resolution expenses) incurred by Interoute arising out of or relating to your (a) violation or breach of any term of this License, the Terms of Service, or any applicable law, regulation, policy or guideline, whether or not referenced herein, (b) use or misuse of the Interoute Software, or (c) violation of any rights of any third party.
8. Governing Law and Severability
This License will be governed by and construed in accordance with the laws of England and Wales. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
9. Electronic Signatures
You acknowledge and agree that by clicking on the "I AGREE" button (or similar buttons or links as may be designated by Interoute to show your acceptance of this License and/or your agreement to download and install the Interoute Software), you are entering into a legally binding contract. Furthermore, you hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.
The failure of Interoute at any time or times to require performance of any provision of this License shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing.
11. Complete Agreement; Governing Language
This License constitutes the entire agreement between the parties with respect to the use of the Interoute Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter, with the exception of any additional terms and conditions you are required to accept if you choose to use the Interoute Service which will govern your use of such Service. No amendment to or modification of this License will be binding unless in writing and signed by Interoute.