All software sales and trials are bound to this agreement. If you have questions
or comments regarding our licensing, feel free to contact us.
PLEASE READ THIS CAREFULLY BEFORE YOU DOWNLOAD/INSTALL THIS SOFTWARE
1.1. THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND Balance Servers, Inc. BY INSTALLING, COPYING OR OTHERWISE USING ANY OF OUR SOFTWARE PRODUCTS INCLUDING UPGRADES AND RELATED DOCUMENTATION ("OUR SOFTWARE") FOR ANY PURPOSE, YOU ARE AGREEING TO BE BOUND BY THIS LICENCE INCLUDING WITHOUT LIMITATION THE EXCLUSIONS AND LIMITATIONS OF OUR LIABILITY CONTAINED THEREIN. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS LICENCE YOU MAY NOT INSTALL, COPY OR OTHERWISE USE ANY OF OUR SOFTWARE.
1.2. Our Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Any unauthorized use of third software will result in forfeiture of any and all rights to said software.
- Grant of license
2.1. You are not permitted to install or use Our Software except in accordance with this license. In consideration of your agreement to the terms of this License, BalanceServers grants you a non-exclusive right ('License') to install and use Our Software as permitted by this License.
2.2. YOU ARE PERMITTED:
2.2.1. To install, store and use Our Software on one or more computers at any one time based on the amount of licenses purchased;
2.3. YOU MAY NOT NOR PERMIT OR ALLOW OTHERS TO:
2.2.2.To make necessary back-up copies of Our Software in support of your permitted use of Our Software provided you label the back-up copy with the BalanceServer's copyright notice. This License does not allow you to make any other copies of the whole or any part of Our Software;
2.3.1. Install, use or copy Our Software except as permitted by this License;
2.3.2.Transfer, assign or sub-license Our Software or this License on a permanent or temporary basis to any other party;
2.3.3.Sell, distribute, rent, loan, lease, or sub-license Our Software;
2.3.4 Allow any party to resell services through this software, without express written permission from Balance Servers.
2.3.5.Alter, adapt, merge, modify or translate Our Software in any way for any purpose, including, without limitation, for error correction;
2.3.6.Reverse-engineer, disassemble or decompile Our Software except that you may decompile Our Software only to the extent permissible by law where this is indispensable to obtain the information necessary to achieve the interoperability of an independently created program with Our Software or with another program and provided always such information is not readily available from BalanceServers or elsewhere;
2.3.7 Copy or distribute the documentation accompanying Our Software except as reasonably required for your own use in accordance with the terms of this License.
2.3.8.Share your registration information with others.
2.3.9.Allow any competing software company, employees or affiliate of said companies access to the TCAdmin software, including setup files and/or panel website access.
2.3.10Install if you are an owner, employee or affiliate of any competing company or software product.
- Evaluation copies of Our Software
3.1. Our Software is available as evaluation versions in order that you may assess the suitability of Our Software to meet your particular needs. Balance Servers will gladly provide you with any other information about Our Software to assist you in making your assessment.
- Limited Liability Disclaimer
4.1 Balance Servers will not be held responsible for any damages consequential and otherwise arising from the use of said software including but not limited to loss of customers, financial loss or damage caused by misuse or a fault in the software.
4.2 You agree to hold Balance Servers, Inc. and its affiliates harmless of any legal action taken against you and/or your company arising from the use or fault of this software.
4.3 Furthermore you agree to pay any legal fees and expenses allowed by law which may be a result of legal proceedings against Balance Servers and/or its affiliates due to the use of this software.
- International Export Disclaimer
5.1 Due to the nature of the encryption methods that the software uses you must agree that you will not export, install or run this software to or within countries which the United States does not have open trade agreements with.
5.2 If the software is knowingly exported, installed or run on hardware not within the United States, the person or persons doing so shall accept all liability for their actions, and hold Balance Servers and their affiliates harmless from any legal proceedings resulting in such actions.
- Closing Statement
6.1 This license agreement supersedes any verbal or written agreement which has been previously granted.
6.2 This license agreement and its term are governed by the state of Maine, United States of America.
6.3 Any violation of the current license terms will be grounds for immediate license termination, and forfeiture of any monies paid for either leased or purchased licenses. Balance Servers also reserves the right to pursue legal procedings against any and all parties involved in the breech of this license agreement.
6.4 Balance Servers reserves the right to change this license agreement with notice at any time. To view the most current version of this software license please see http://www.tcadmin.com/license.php