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Terms of Service/EULA

PROPEL SOFTWARE CORPORATION
SOFTWARE LICENSE AGREEMENT

READ THE TERMS OF THE FOLLOWING SOFTWARE LICENSE AGREEMENT ("AGREEMENT") CAREFULLY. INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THESE TERMS, SELECT THE "NO" BUTTON AT THE END OF THIS AGREEMENT. CERTAIN THIRD PARTY SOFTWARE PROGRAMS WHICH ARE PROVIDED ALONG WITH THE SOFTWARE ARE IDENTIFIED BELOW AND ARE LICENSED TO YOU UNDER THE APPLICABLE LICENSE TERMS SET FORTH BELOW. BY SELECTING THE "ACCEPT" BUTTON, INSTALLING, COPYING OR OTHERWISE USING ANY PART OF THIS SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

Propel Accelerator Client v 5.0

I. SERVICE DESCRIPTION; ACCEPTANCE OF TERMS THROUGH USE

The Propel Acceleration Service ("Service") is being provided to You, the end-user ("You"), pursuant to a separate agreement between You and Your ISP or other entity providing the Service ("ISP"), a licensee of Propel Software Corporation ("Propel"). The Service is a subscription-based content acceleration service that consists of this client software ("Propel Accelerator") and accompanying online documentation (collectively "Software")installed on Your PC as an independent local proxy that communicates with Your ISP's server network infrastructure on the Internet. In combination, these components are designed to use transformation, compression, and caching techniques to speed up the delivery of HTTP-requested data from Web sites on the World Wide Web to Your PC. The client-server solution is designed to transparently accelerate the delivery of both static and dynamically generated text (completely loss-less) and graphics (You can control level of lossiness) from Web sites. The client software on Your PC connects to a server network infrastructure that is deployed on the Internet and operated as a managed service by Propel and/or other service providers. The Service does not enable You to access the Internet. You must separately have an Internet access service. Your PC should have an Internet connection running between 14.4 and approximately 200 kbps (kilobits per second). Typically this means a dial-up modem, however, some slow DSL and ISDN systems would qualify. [Note: systems operating at a speed above approximately 200 kbps will not be accelerated.] Propel or Your ISP may at any time without notice or liability restrict the use of the Service or limit its time of availability in order to perform maintenance activities. By using the Software, You agree to all terms, conditions, and notices contained or referenced in this Agreement. If You do not agree to this Agreement, please do not use the Software. Propel reserves the right, at its discretion, to update or revise this Agreement without notice. Your continued use of the Software following the posting of any changes to this Agreement constitutes acceptance of such changes.

II. USER CONDUCT

You agree not to use the Software for any unlawful or improper purpose. You shall not allow any other person to access the Software provided to You pursuant to this Agreement. You may use the Software on only one computer system at a time. Propel's goal is to provide a high quality service to our customers.

You agree:

a. That You are entitled to contract without the consent of another person;

b. To review any Software License Agreement updates Propel provides. Your continued use of the Software shall be construed as Your acceptance of the updated Software License Agreement terms;

c. Not to assign, or otherwise transfer, this Software License Agreement or Your rights under it, delegate Your obligations, or resell the Software. Any attempt to do so is void;

d. To comply with all applicable laws, regulations, or conventions, including those related to data privacy, international communications, and exportation of technical or personal data;

e. Not to delete or alter author attributes or copyright notices;

f. To provide Propel with the requested identification in connection with security matters;

g. To indemnify Propel for any damages or costs associated with Your breach or failure to perform Your responsibilities hereunder.

h. Propel makes no representation that the Software is appropriate or available for use outside the United States.

1. LICENSE TO USE. Upon Your acceptance of this Agreement and subject to the terms hereof, Propel Software Corporation ("Propel") grants to You, the end-user, ("You") a limited, personal, non-exclusive, non-assignable and non-transferable license to use the accompanying software in executable only and documentation and any error corrections, updates and supplements thereto provided to You by Propel (collectively the "Software"), on only one computer system at a time solely in conjunction with Your use of the Service. You may make and install copies of the Software on an unlimited number of computers provided You are the only individual using the Software. If You are an entity, Propel grants You the right to designate one individual within Your organization to have the sole right to use the Software in the manner provided in this Agreement. A single license for the Software may not be shared or used concurrently by other end users. If the Software is provided to You for a free trial period such license to use is further restricted to use solely for evaluation purposes during such free trial period.

2. RESTRICTIONS. The Software is confidential and copyrighted. The Software is licensed, not sold. All right, title and interest in and to the Software, and copies of the Software and all associated intellectual property rights are retained by Propel and/or its licensors. You shall not distribute the Software or any portion thereof, or rent, loan, lease, sell, sublicense or assign the Software or any copy. Except as permitted hereby, You may not make copies of the Software. You shall hold all the Software as confidential trade secrets of Propel and/or Propel's licensors. Unless enforcement is prohibited by applicable law, You may not modify, decode, decompile, reverse assemble, reverse engineer or otherwise translate the Software. You acknowledge that the Software is not designed, licensed or intended for use in the design, construction, operation or maintenance of any nuclear facility. You acknowledge that from time to time Propel may enable or incorporate features in the Software which may be remotely accessed by Propel and/or electronically transmit to Propel summary non-personally identifiable usage data regarding use of the Software. Propel disclaims any express or implied warranty of fitness for such uses. No right, title or interest in or to any trademark, service mark, logo or trade name of Propel or its licensors is granted under this Agreement. Any rights not expressly granted herein are reserved by Propel. All title and intellectual property rights in and to the content which may be accessed through use of the Software is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This Agreement grants You no right to use such content. Any trademark, trade name, copyright, or other proprietary notices, legends, symbols, or labels appearing on or in the Software shall not be altered or removed by You and shall be accurately reproduced by You on and in any permitted copy of the Software. Do not use the Software are in any high-risk activities where damage or injury to persons, property, environment or business may result if any error occurs. You expressly assume all risk for such use. You understand that Propel may not, at its sole option, provide any assistance, technical, customer or other support, in the use of the Software, and You use the Software at Your own risk.

3. DISCLAIMER OF WARRANTY. PROPEL HAS NO CONTROL OVER THIRD PARTY NETWORKS OR WEB SITES, AND DELAYS AND DISRUPTIONS ARE BEYOND PROPEL'S CONTROL. PROPEL CANNOT AND WILL NOT GUARANTEE THAT THE SOFTWARE WILL MEET YOUR NEEDS. THE SOFTWARE IS PROVIDED ON AN "AS-IS" BASIS, WITH NO WARRANTIES OF ANY KIND. PROPEL AND ITS LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS-FREE, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.

4. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PROPEL OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, SPECIAL, RELIANCE, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF GOODWILL, USE, DATA OR PROFITS OR ANY OTHER INTANGIBLE OR PECUNIARY LOSS) HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF PROPEL OR ITS LICENSORS KNEW OR SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL PROPEL'S LIABILITY TO YOU, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE UNDER THIS AGREEMENT. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ANY ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

5. INDEMNITY; Third Party Beneficiary. As a condition of Your use, You agree to defend and indemnify Propel and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including, without limitation, attorneys' fees and other dispute resolution expenses) incurred in connection with any claim, lawsuit or action by any third party that arises or results from Your use or misuse of the Software or downloading, use, reproduction of, and/or receipt or distribution of any information or content utilizing the Software, Your breach of this Agreement or Your violation of any rights of any third party. You agree that Propel's licensors are third party beneficiaries to this Agreement.

6. TERMINATION. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all Your copies of the Software. Any cancellation of Your Service subscription account must occur using the process agreed to between You and Your ISP. Upon cancellation or termination of Your Service subscription this Agreement will automatically terminate. Without prejudice to any other rights, Propel may terminate this Agreement if You fail to comply with any provision of this Agreement. Propel reserves the right, in its sole discretion and at any time, to terminate this Agreement, modify or discontinue the Software; limit, terminate or suspend Your use of the Software; and/or make changes to or terminate this Agreement. Upon termination, You must destroy all copies of the Software and all of its component parts.

7. EXPORT REGULATIONS; TRADEMARKS. All the Software and technical data delivered under this Agreement are subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with all such laws and regulations and acknowledge that You have the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery to You. "Propel", the Propel logo, and other Propel related properties are trademarks of Propel and may be registered in certain jurisdictions. All other trademarks shown are trademarks of their respective owners.

8. U.S. GOVERNMENT RESTRICTED RIGHTS. If the Software is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government's rights in the Software and accompanying documentation will be only as set forth in this Agreement; the Software is provided with RESTRICTED AND LIMITED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights to Technical Data and Computer Software clause in DFARS 252.227-7013 or subparagraph (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Contractor/Manufacturer is Propel Software Corporation, 1010 Rincon Circle, San Jose, CA 95131-1325.

9. GOVERNING LAW AND FORUM. The Software License Agreement shall not be governed by the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods or the United Nations Convention on the Limitation Period in the International Sale of Goods, as amended, rather this Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules, and controlling U.S. federal law. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to the Software License Agreement shall be filed only in a court (whether federal or state) located in Santa Clara County in the State of California, and You further irrevocably agree and submit to the exercise of personal and subject matter jurisdiction and venue of such courts for the purpose of litigating any such claim or action.

10. INTERNATIONAL USE. Propel makes no representation that the Software is appropriate or available for use outside the United States. You represent that You are not a national or resident of and are not located in any of the following countries: Cuba, Iran, Iraq, Libya, North Korea, Sudan, or Syria. You represent that You are not a specifically designated individual, denied party, or entity under any U.S. embargo or otherwise the subject, either directly or indirectly, (by affiliation, or any other connection with another party) to any order issued by any agency of the U.S. Government limiting, barring, revoking or denying, in whole or in part, Your U.S. export privileges, You are to notify Propel immediately in the event You become subject to any such order.

11. SEVERABILITY; NO WAIVER; INTEGRATION. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate. The failure or delay of Propel to exercise or enforce any rights or provision of this Agreement does not constitute a waiver of such right or provision. This Agreement is the entire agreement between You and Propel relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement; provided, however, that any confidential disclosure agreement by and between You and Propel shall remain in full force and effect in accordance with its terms. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.

THIRD PARTY SOFTWARE (Sections 12 and 13)

12. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

Third party software is provided by Propel "as is" and "with all faults". Propel and its licensors make no representations or warranties of any kind concerning the quality, safety or suitability of this software, either express or implied, including without limitation any implied warranties of title, merchantability, fitness for a particular purpose, or non-infringement. To the maximum extent permitted by applicable law, in no event will Propel or its licensors be liable for any direct, reliance, exemplary, indirect, punitive, special, incidental or consequential damages however they may arise and even if Propel or its licensors shall have been advised of the possibility of such damages.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
Redistributions of source code must retain the above copyright notice, this list of conditions, and the disclaimer that follows. 
Redistributions in binary form must reproduce the above copyright notice, this list of conditions, and the following disclaimer in the documentation and/or other materials provided with the distribution. 
The name of Itamar Shtull-Trauring may not be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY ITAMAR SHTULL-TRAURING *AS IS* AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL ITAMAR SHTULL-TRAURING BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

B. Portions Copyright (c) 1999-2001, Digital Creations, Fredericksburg, VA, USA and Andrew Kuchling. All Rights Reserved.
Redistribution of source code must retain the above copyright notice, this list of conditions, and the disclaimer that follows. 
Redistributions in binary form must reproduce the above copyright notice, this list of conditions, and the following disclaimer in the documentation and; or other materials provided with the distribution. 
Neither the name of Digital Creations nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY DIGITAL CREATIONS AND CONTRIBUTORS AS IS AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL DIGITAL CREATIONS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Permission to use, copy, modify, and distribute this software and its documentation for any purpose and without fee is hereby granted, provided that the above copyright notice appear in all copies and that both that copyright notice and this permission notice appear in supporting documentation, and that the name of Sam Rushing not be used in advertising or publicity pertaining to distribution of the software without specific, written prior permission.

SAM RUSHING DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS, IN NO EVENT SHALL SAM RUSHING BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OR USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.

13. Portions of Python 2.3 are included.

License for the Python 2.3 release is as follows:

PSF LICENSE AGREEMENT
This LICENSE AGREEMENT is between the Python Software Foundation ("PSF"), and the Individual or Organization ("Licensee") accessing and otherwise using Python 2.3 software in source or binary form and its associated documentation. 
Subject to the terms and conditions of this License Agreement, PSF hereby grants Licensee a nonexclusive, royalty-free, world-wide license to reproduce, analyze, test, perform and/or display publicly, prepare derivative works, distribute, and otherwise use Python 2.3 alone or in any derivative version, provided, however, that PSF's License Agreement and PSF's notice of copyright, i.e., "Copyright (c) 2001, 2002, 2003 Python Software Foundation; All Rights Reserved" are retained in Python 2.3 alone or in any derivative version prepared by Licensee. 
In the event Licensee prepares a derivative work that is based on or incorporates Python 2.3 or any part thereof, and wants to make the derivative work available to others as provided herein, then Licensee hereby agrees to include in any such work a brief summary of the changes made to Python 2.3. 
PSF is making Python 2.3 available to Licensee on an "AS IS" basis. PSF MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, PSF MAKES NO AND DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF PYTHON 2.3 WILL NOT INFRINGE ANY THIRD PARTY RIGHTS. 
PSF SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER USERS OF PYTHON 2.3 FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS AS A RESULT OF MODIFYING, DISTRIBUTING, OR OTHERWISE USING PYTHON 2.3, OR ANY DERIVATIVE THEREOF, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. 
This License Agreement will automatically terminate upon a material breach of its terms and conditions. 
Nothing in this License Agreement shall be deemed to create any relationship of agency, partnership, or joint venture between PSF and Licensee. This License Agreement does not grant permission to use PSF trademarks or trade name in a trademark sense to endorse or promote products or services of Licensee, or any third party. 
By copying, installing or otherwise using Python 2.3, Licensee agrees to be bound by the terms and conditions of this License Agreement.

For additional information see:

http://www.python.org/2.3.2/license.html

14. This Agreement is personal to You and You may not assign Your rights herein. Any attempted assignment in derogation hereof is null and void. Sections 2 through 14 of this Agreement will survive any termination of this Agreement.

Software Copyright Information:

Copyright (C) 2001-2004 Propel Software Corporation
Portions copyright (C) 2002-2003 Python Software Foundation
Also see Sections 12 and 13 above

Licensed under U.S. Patent No. 4,558,302 and foreign counterparts.

For inquiries please contact: Propel Software Corporation, 1010 Rincon Circle, San Jose, California 95131-1325.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF APPLICABLE, "YOU" OR "YOUR" AS REFERRED TO HEREINABOVE MEANS THE ENTITY OR COMPANY (THE "COMPANY") AT WHICH THE SOFTWARE IS INSTALLED PURSUANT TO THIS AGREEMENT. IN SUCH EVENT, YOU WARRANT AND REPRESENT THAT AS THE INDIVIDUAL SELECTING THE "ACCEPT" BUTTON BELOW YOU ARE AUTHORIZED TO ENTER INTO THIS AGREEMENT ON BEHALF OF THE COMPANY.

rev. 17 February 2004