Cerb6™, Cerberus Helpdesk™, Devblocks™, Apptendant™ © 2002-2012, WebGroup Media LLC.
The following are the terms and conditions by which WebGroup Media LLC (“Licensor”) grants you a License to use, modify, and redistribute this software, which is protected as the exclusive intellectual property of Licensor by U.S. copyright law.
Licensor’s copyrights are also protected by international treaties where applicable, including but not limited to: the Berne Convention, World Intellectual Property Organization (WIPO), and the World Trade Organization’s (WTO) Trade-related Aspects of Intellectual Property Rights (TRIPS).
By using this software, you acknowledge having read this License and agree to be bound thereby.
This License, its construction, performance, scope, validity, and effects are governed and shall be construed in accordance with the laws applicable and in force in the United States.
The parties agree, for any claim or judicial proceedings for whatever reason relating to this License, to designate and hereby designate the courts of the judicial district of Orange County, California, as the appropriate venue for the hearing of any such claims or judicial proceedings, to the exclusion of any other courts, judicial district or jurisdiction that may have the right to hear such dispute.
Licensor warrants that this software will perform substantially in accordance with the accompanying materials for a period of ninety (90) days from the date of receipt. If an implied warranty or condition is created by your state or jurisdiction, and federal, state, or provincial law prohibits disclaimer of it, you also have an implied warranty or condition, but only as to the defects discovered during the period of this limited warranty (90 days). As to any defects discovered after the 90 day period, there is no warranty or condition of any kind. Some states or jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to you. Any updates or patches to this software provided to you after the expiration of the 90 day Limited Warranty period are not covered by any warranty or condition, express, implied, or statutory.
The Limited Warranty described above is the only express warranty made to you and is provided in lieu of any other express warranties or similar obligations. Except for the Limited Warranty or when otherwise stated in writing the copyright holders and/or other parties, and to the extent permitted by applicable law, this software is provided to you “AS IS” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the quality and performance of the program is with you. Should the program prove defective, you assume the cost of all necessary servicing, repairs, or corrections.
In no event unless required by applicable law or agreed to in writing will Licensor be liable to you under any circumstances for any lost profits or any indirect, special, consequential or punitive damages including, without limitation, loss or alteration of data, failure to provide support, interruption of business, or loss of employee work time. Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and Licensor’s liability will be limited to the maximum extent permitted by law. The entire liability of Licensor shall not exceed the aggregate amount paid by you for the software.