Product/service details with pricing structure
End User Licence Agreement(EULA)
1.SunComputers grants you the following non-exclusive rights provided
to you to use Install Builder (8.2) version or WebSite Manager (8.2)
or both Software Product on one or two computers after purchase.
You may not use the Software Product more than two computers and do not have
the right to distribute the Software Product to oher parties.
You agree to only use the Software Product as expressly permitted
herein. The Install Builder ( 8.2) or WebSite Manager (8.2) version
is licensed for first one year after purchase,and sold to you by SunComputers.
SunComputers owns all right, title and interest in and to the Software
Product and reserve all rights not expressly granted to you
in this agreement. You agree to refrain from any action that would diminish
such rights or would call them into question.
Technical support for the Smart Install Builder ( 8.2) or WebSite Manager (8.2) version
will be for first one year after purchase,
Support will be available via e-mail (firstname.lastname@example.org)
during regular business hours IST.Technical Support
may be offered by SunComputers for first one year after purchase.
2.UPGRADES. To receive upgrades, you must first purchase the original
3.ADDITIONAL SOFTWARE. This agreement applies to updates or supplements
to the original Software Product provided by SunComputers unless it
provides other terms along with the update or supplement. In case of a
conflict between such terms, the terms applicable will prevail.
a).Third Party. The Software Product may only be transferred to another end user as part of a transfer of the
computer on which it is installed. Any transfer must include all component parts, media, printed materials and this
EULA. Prior to the transfer, the end user receiving the transferred product must agree to all the EULA terms.
Upon transfer of your computer(s), your license is automatically terminated and you are no longer permitted to
use the Software Product.
b).Restrictions. You may not rent, lease or lend the Software Product or use the Smart Install Builder Licensed( 8.2 )
or WebSite Manager (8.2) version for commercial timesharing or bureau use.
You may not sublicense, assign or transfer the license or Smart Install Builder Licensed( 8.2) or
WebSite Manager (8.2) version except as expressly provided in this EULA.
5.PROPRIETARY RIGHTS. All intellectual property rights in the Software Product and user documentation are
owned by SunComputers or its suppliers and are protected by law, including but not limited to copyright, trade
secret, and trademark law, as well as other applicable laws and international treaty provisions. The structure,
organization and code of the Software Product are the valuable trade secrets and confidential information of
SunComputers and its suppliers. You shall not remove any product identification, copyright notices or proprietary
restrictions from the Software Product.
6.LIMITATION ON REVERSE ENGINEERING. Except to the extent that such restriction is not permitted under
applicable law, you are not permitted (and you agree not to) reverse engineer, decompile, disassemble
or create derivative works of or modify the Smart Install Builder Licensed( 8.2) or WebSite Manager (8.2) version.
Nothing contained herein shall be construed,
expressly or implicitly, as transferring any right, license or title to you other than those explicitly
granted under this EULA. SunComputers reserves all rights in its rights not expressly
agreed to herein. Unauthorized copying of the Smart Install Builder Licensed( 8.2 ) or WebSite Manager (8.2) version
or failure to comply with the restrictions in this EULA (or other breach of the license herein) will result in automatic
termination of this Agreement
and you agree that it will constitute immediate, irreparable harm to SunComputers for which monetary damages
would be an inadequate remedy, and that injunctive relief will be an appropriate remedy for such breach.
7.TERM. This EULA is effective unless terminated or rejected. This EULA will also terminate
immediately and without additional notice in the event you breach this EULA and/or fail to
comply with any term or condition of this EULA.
8.DISCLAIMER OF WARRANTIES.
a).You acknowledge that the Smart Install Builder Licensed( 8.2 ) or WebSite Manager (8.2) version
is for backup and redundancy only, and should not be used as a
sole or primary source of storage. YOU AGREE THAT THE USE OF THE SOFTWARE PRODUCT IS AT YOUR SOLE
RISK AS TO SATISFACTORY QUALITY PERFORMANCE, ACCURACY AND EFFORT. Use of the Smart Install Builder Licensed( 8.2 )
or WebSite Manager (8.2) version may adversely affect the operation of other software and devices.
To the maximum extent permitted under applicable law, the product is offered on an "AS-IS" basis and
SunComputers does NOT warrant that the functions contained in the Software Product will meet your
requirements or that the operation of the Software Product will be uninterrupted or error free or that
such errors will be corrected. Computer software is inherently subject to bugs and potential
incompatibility with other computer software and hardware.You should not use the Smart Install Builder Licensed( 8.2 )
or WebSite Manager (8.2) version for any applications in which failure could
cause any significant damage or injury to persons or tangible or intangible property.
b).EXCEPT AS MAY BE SET OUT IN A SPECIFIC WARRANTY ACCOMPANYING THE SOFTWARE PRODUCT,
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SunComputers PROVIDE THE SOFTWARE
PRODUCT "AS IS" AND WITHOUT ANY OTHER WARRANTY OF ANY KIND, AND HEREBY DISCLAIM ALL
OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, ANY IMPLIED WARRANTIES,
DUTIES OR CONDITIONS OF MERCHANTABILITY,OF FITNESS FOR A PARTICULAR PURPOSE,
AND OF LACK OF VIRUSES ALL WITH REGARD TO THE SOFTWARE PRODUCT AND THIRD PARTY
SOFTWARE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Company OR
AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. Some states/jurisdictions do
not allow exclusion of implied warranties or limitations on the duration of implied warranties,
so the above disclaimer may not apply to you in its entirety. To the extent applicable law
requires SunComputers to provide warranties, you agree that the scope and duration of such
warranty shall be to the minimum extent permitted under such applicable law.
(c).IN NO EVENT DOES SunComputers PROVIDE ANY WARRANTY OR REPRESENTATIONS WITH RESPECT TO ANY
THIRD PARTY HARDWARE OR SOFTWARE WITH WHICH THE SOFTWARE PRODUCT IS DESIGNED TO BE USED,
AND SunComputers DISCLAIMS ALL LIABILITY WITH RESPECT TO ANY FAILURES THEREOF.
9.LIMITATION OF LIABILITY. Notwithstanding any damages that you might incur, the entire liability of
SunComputers and any of its suppliers under any provision of this EULA and your exclusive remedy for
all of the foregoing shall be limited to the amount actually paid by you for the Software Product.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SunComputers OR ITS
SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER
(INCLUDING,BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, FOR LOSS OF DATA OR OTHER INFORMATION, FOR
BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO
THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, THIRD PARTY SOFTWARE AND/OR THIRD PARTY
HARDWARE USED WITH THE SOFTWARE PRODUCT, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF
THIS EULA), EVEN IF SunComputers OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some states/jurisdictions do not allow
the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not
apply to you.
10.INDEMNITY. You agree to indemnify and hold SunComputers and its officers, directors, employees and
licensors harmless from any claim or demand (including but not limited to reasonable legal fees) made by a third
party due to or arising out of or related to your violation of the terms and conditions of this Agreement, your
violation of any laws, regulations or third party rights or your negligent act, omission or willful misconduct.
11.APPLICABLE LAW. This EULA is governed by the provisions of laws applicable under the identified court
jurisdiction with respect to any proceedings arising from this EULA. The parties hereby agree that this Agreement
is not governed by the United Nations Convention on Contracts for the International Sale of Goods.
12.ENTIRE AGREEMENT. This EULA is the entire agreement between you and SunComputers relating to the
Software Product and it supersedes all prior or contemporaneous oral or written communications, proposals and
representations with respect to the Software Product or any other subject matter covered by this EULA. To the
extent the terms of any SunComputers policies or programs for support services conflict with the terms of this
EULA, the terms of this EULA shall control. In the event of a conflict between the English and any non-English
versions of this EULA, the English version shall govern. If any provision of this EULA is held by a court of
competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best
accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining
provision of the EULA will remain in force and effect and Sections 5, 6, 9, 10, 11,and 12 shall
survive termination of this EULA.