End Use License Agreement ,Domains

THIS END USER LICENSE AGREEMENT (“AGREEMENT”) GOVERNS YOUR DOWNLOAD, INSTALLATION, AND USE OF DOMAIN DECODER. DOMAIN DECODER IS PRODUCED BY New.Net, Inc. a Connexus Company, a Delaware corporation with its principal office at 2141 Rosecrans Ave Suite 2020 El Segundo, CA 90245

YOU WILL HAVE THE OPPORTUNITY TO ACCEPT OR REJECT THE TERMS OF THIS AGREEMENT DURING THE INSTALLATION PROCESS. YOU MAY NOT DOWNLOAD, INSTALL OR USE DOMAIN DECODER UNLESS YOU AGREE TO THE TERMS OF THIS AGREEMENT DURING THE INSTALLATION PROCESS.

This Agreement may be modified from time to time by Domain Decoder, in its sole discretion. the modified Agreement MAY be posted at the web site located at http://www.New.Net (the “Domain Decoder Site”) for your review. Your continued use of Domain Decoder will be governed by the modified Agreement and will be deemed to be an acceptance of the modified Agreement, which for all purposes set forth herein shall be deemed the Agreement. If, for any reason, you do not agree to be bound by any of the modifications, you may not continue to use Domain Decoder. Domain Decoder may also be modified, updated or enhanced from time to time at New.Net’s discretion, however, we will not add or install any other software on your computer. For purposes of this Agreement, any such modified, updated, enhanced or upgraded Software shall also be referred to as Domain Decoder.

1. Authorized Users

   Domain Decoder may only be installed or used by (i) the owner of the computer where Domain Decoder is installed (the “Authorized Computer”), and (ii) any persons authorized by the owner of the Authorized Computer to use the Authorized Computer and to install Domain Decoder in accordance with the terms of this Agreement, provided that the individuals referred to in (i) and (ii) above have read this Agreement and agree to abide by it (x) before any such installation and (y) at all times while using Domain Decoder (collectively, the “Authorized Users,” and each an “Authorized User”). Any references to the pronouns “you” and “your” anywhere in this Agreement are intended to refer to any one or to all Authorized Users of Domain Decoder, and any references to “we,” “us,” or “our” are intended to refer to DomainDecoder.net.

   
   

2. Ownership; Limited License Grant

   As between you and Domain Decoder, the following are and shall remain the sole property of Domain Decoder: (a) all right, title and interest in and to Domain Decoder, (b) any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets and other rights) in and to Domain Decoder, (c) any Domain Decoder content or services delivered via Domain Decoder , and (d) any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets and other rights) in and to such Domain Decoder content or services. Domain Decoder agrees to grant and hereby grants to you a limited, nonexclusive, nontransferable, royalty-free license to download and install Domain Decoder solely for your personal use and subject to the terms and conditions of this Agreement. You may not assign, sublicense or otherwise convey or transfer the rights granted to you under this Agreement to any other person, organization, or entity. Any rights not expressly granted to you hereunder are reserved by us. The limited right granted to you to download, install and use Domain Decoder is a limited license and does not constitute the sale of a software program. You are expressly prohibited from doing the following with or to Domain Decoder: (v) decompiling, reverse engineering, or disassembling it, (w) tampering or interfering with its functionality, delivery or operation while using or installing it, (x) selling, renting, transferring, reselling, or distributing it, (y) duplicating, reproducing, copying, modifying, or otherwise creating derivative works of it, or (z) exporting or re-exporting it, directly or indirectly, into any country prohibited by the United States Export Administration Act or any regulations promulgated thereunder.

   
   

3. Privacy

   New.net’s privacy policies relating to Domain Decoder can be found at http://www.new.net/website_privacy.

   
   

4. Modifications to New.net Domains or Our Site; Termination

   Updates, specifically upgrades, bug fixes, and related modifications to Domain Decoder may be delivered to users automatically, however, this applies to existing Domain Decoder products only, and we will not add or install any other software on your computer. We also will not make material changes to the Privacy Policy of Domain Decoder without notifying our end-users. We verify the integrity and publisher of any updates, enhancements, and upgrades to Domain Decoder using a secure certificate service and Microsoft’s Authenticode technology. Subject to the other provisions of this Section 5, we have the right at any time to disable, enable, modify, or discontinue, temporarily or permanently, the DomainDecoder.net and/or Domain Decoder (or any part thereof), with or without notice, obligation or liability to you or to any third party.

   
   

5. Uninstallation

   Domain Decoder may be uninstalled using the standard Add/Remove Programs function provided in the Windows operating system.

   
   
   Back to top

6. SUPPORT

   DOMAIN DECODER HAS NO OBLIGATION TO PROVIDE YOU WITH SUPPORT, MAINTENANCE, UPGRADES, MODIFICATIONS, OR NEW RELEASES WITH RESPECT TO DOMAIN DECODER, ALTHOUGH WE GENERALLY DO ANYWAY. YOU CAN REACH US AT info.general@new.net

   
   

7. DISCLAIMER REGARDING THIRD PARTY SOFTWARE PROGRAMS.

   DOMAIN DECODER MAY BE OFFERED TO YOU BUNDLED WITH ANOTHER THIRD PARTY SOFTWARE APPLICATION OR PLUG-IN (A “THIRD PARTY APPLICATION”). YOU HEREBY ACKNOWLEDGE AND AGREE THAT ANY SUCH THIRD PARTY APPLICATION IS OWNED BY A THIRD PARTY AND THAT THIS AGREEMENT DOES NOT GOVERN YOUR DOWNLOAD, INSTALLATION OR USE OF SUCH OTHER THIRD PARTY APPLICATION, EVEN IF DOMAIN DECODER AND THE THIRD PARTY APPLICATION CAME BUNDLED TOGETHER. NEW.NET EXPRESSLY DISCLAIMS ANY LIABILITY IN CONNECTION WITH ANY SUCH THIRD PARTY APPLICATIONS OR OTHER PRODUCTS OR SERVICES.

   
   

8. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.

   BY INSTALLING, DOWNLOADING OR USING DOMAIN DECODER, YOU HEREBY AND FOREVER WAIVE ANY AND ALL CLAIMS YOU HAVE NOW OR MAY HAVE IN THE FUTURE AGAINST DOMAIN DECODER OR ITS LICENSORS RELATING TO YOUR DOWNLOAD, INSTALLATION OR USE OF DOMAIN DECODER. YOU HEREBY WAIVE ANY CLAIM THAT THE FOREGOING LIMITATION OF LIABILITY DEPRIVES YOU OF AN ADEQUATE REMEDY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH DOMAIN DECODER IS TO STOP USING IT. YOU SPECIFICALLY AGREE THAT NEITHER WE, NOR OUR LICENSORS, SHALL BE LIABLE FOR LOSSES OR LIABILITIES ARISING IN CONNECTION WITH YOUR DOWNLOAD, INSTALLATION OR USE OF DOMAIN DECODER, INCLUDING, BUT NOT LIMITED TO, LOSS OR LIABILITY RESULTING OR ARISING FROM OR IN CONNECTION WITH: (A) SOFTWARE CONFLICTS RELATED TO DOMAIN DECODER; (B) DATA NON-DELIVERY, DATA MIS-DELIVERY OR UNAUTHORIZED ACCESS TO TRANSMISSIONS OF DATA; (C) YOUR INFRINGEMENT OF A THIRD PARTY"S RIGHT; (D) DEFECTS OR VIRUSES IN, OR DISTRIBUTED WITH, DOMAIN DECODER; OR (E) YOUR OWN USE OR MISUSE OF YOUR PERSONAL COMPUTER OR THE SOFTWARE APPLICATIONS CONTAINED ON YOUR PERSONAL COMPUTER. WITHOUT LIMITING THE FOREGOING, WE SHALL NOT BE LIABLE TO YOU FOR ANY ACTUAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOST OR IMPUTED PROFITS OR ROYALTIES ARISING OUT OF OR RELATING IN ANY WAY TO DOMAIN DECODER OR THIS AGREEMENT, IRRESPECTIVE OF WHETHER WE WERE ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. DOMAIN DECODER IS PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO TECHNICAL SUPPORT OR REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, BY STATUTE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, TITLE, AND NON-INFRINGEMENT AND ANY WARRANTIES THAT MAY ARISE OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.

   
   

9. Indemnification

   You hereby agree to release, indemnify, defend and hold harmless us, our parents, shareholders, subsidiaries, affiliates, officers, directors, employees, agents and advisors, from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable attorneys' fees and costs (whether brought by third parties or otherwise) relating to or arising from your use, installation or download of Domain Decoder or your breach of this Agreement. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and in such event, you shall have no further obligation to provide indemnification for such matter.

   
   

10. Notice to Government End Users

    Domain Decoder (and any of its associated documentation) is a "Commercial Item," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. § 12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, such Commercial Computer Software and Commercial Computer Software Documentation are being licensed to any U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other Authorized Users pursuant to the terms and conditions of this Agreement.

    
    

11. General Provisions

    This Agreement shall be governed exclusively by, and construed in accordance with United States federal laws and the laws of the State of California, without reference to any conflict of laws principles. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. The exclusive forum for any disputes arising out of or relating to this Agreement shall be an appropriate federal or state court in Los Angeles County, California and the parties hereby expressly waive all venue, jurisdiction and choice of law challenges or defenses. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, including, but not limited to, any of the warranty disclaimers or liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in full force and effect. If no enforceable provision can be substituted for any such invalid or unenforceable provision, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions in this Agreement. This Agreement will be binding upon and will inure to the benefit of New.net and its successors and assigns.

BY AGREEING TO THE TERMS OF THIS AGREEMENT, YOU ACKNOWLEDGE THAT (1) YOU HAVE READ AND REVIEWED THIS AGREEMENT IN ITS ENTIRETY, (2) YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, AND (3) YOUR OBLIGATIONS UNDER THIS AGREEMENT ARE BINDING AND ENFORCEABLE.