Cozomo Web Hosting
Cozomo Web Hosting Home Web Hosting Packages About Cozomo Web Hosting Contact Cozomo Web Hosting Cozomo Web Hosting Help Center Cozomo Web Hosting Sitemap Login to your control panel
 

Cozomo End User Agreement

 

This is a legal and binding agreement between you, the Customer, and Cozomo Web Hosting. By using, installing or accessing the Cozomo Web Hosting website, the Services and certain Products that are offered, as our Customer you agree to all of the terms
and conditions of this agreement. If you do not agree to these terms, the Acceptable
Use Policy or any other Terms and Conditions posted on the Cozomo Web Hosting web site, all services will be discontinued, activation of the account will cease and your
account terminated.

END USER LICENSE AGREEMENT

LICENSE GRANT. Subject to the provisions contained herein and payment of applicable
fees, Cozomo Web Hosting hereby grants to you a non-exclusive, nontransferable, license
to use its accompanying proprietary software application products offered on the Cozomo Web Hosting web site ("Software",) for your own use. Such Software is protected by the Cozomo Web Hosting laws of the United States and international Cozomo Web Hosting treaties.

RESTRICTED USE. All rights not expressly granted herein are retained by Cozomo Web Hosting and its licensors. Except as stated above, this Agreement does not grant the Customer any intellectual property rights in the Software. Customer shall not rent, lease,
transfer or sublicense the Software. Customer shall not under any circumstances nor
shall Customer permit a third party to (i) decompile, disassemble, reverse engineer or otherwise attempt to reconstruct or discover the source code of the Software or (ii) prepare derivative of the Software or (iii) remove any product identification, Cozomo Web Hosting, trademark or other notice from the Software. Any such copy made by you shall be subject to this Agreement and shall contain all of Cozomo Web Hosting's notices regarding Cozomo Web Hosting's, trademarks and other proprietary rights as contained in the Software originally provided to you.TITLE. The Software's organization, structure, sequence, logic, and source code are valuable to the Company. Any and all title, ownership rights, and intellectual property rights in and to the Software and Documentation shall remain at any and all times in Cozomo Web Hosting and/or its suppliers. Title, ownership rights, and intellectual property rights in and to the content accessed through the Software is the property of the applicable content owner and may be protected by applicable Cozomo Web Hosting or other law. This License does not give Customer any rights to such content.

LIMITED WARRANTY. Cozomo Web Hosting warrants to the Customer, for a period of
ninety (90) days from the date of this agreement, installation of Software, or use of services, whichever is earlier, that it will replace any defective media on which the Software is provided and that the Software, if not modified and if properly installed and used, will substantially conform to the material specifications set forth in the documentation, Such warranties are for the Customer's benefit only and are not transferable. Cozomo Web Hosting does not warrant that the Software will operate error free or uninterrupted or will meet your requirements. Except for the express warranties stated in this section, the Software are licensed "as is" and Cozomo Web Hosting specifically excludes and disclaims all warranties of merchantability, fitness for a particular purpose, statutory noninfringement of third party intellectual property rights and any warranty that may arise by reason of trade usage, custom or course of dealing
and Customer hereby expressly waives any and all such warranties.

THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT,CONTRACT, OR OTHERWISE, SHALL COZOMO WEB HOSTING OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTIER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTFER COMMERCIAL DAMAGES OR LOSSES, OR FOR ANY DAMAGES IN EXCESS OF COZOMO WEB HOSTING'S LIST PRICE FOR A LICENSE TO THE SOFTWARE AND DOCUMENTATION, EYEN IF COZOMO WEB HOSTING SHALL HAVE BEEN INFORMED OF TFE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTFER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

EXPORT CONTROLS. You may not download, use or otherwise export the Software or any
underlying information or technology except in full compliance with all United States and other applicable laws and regulations. In particular, but without limitation, none of the Software or underlying information or technology may be downloaded, used or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Haiti, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that youare not located in, under the control of, or a national or resident of any such country or on any such list.

TERMINATION. This Agreement is effective until terminated. Cozomo Web Hosting
may terminate this Agreement immediately if Customer attempts to reverse engineer
the Software or otherwise violate any of the restrictive uses as described herein.
Otherwise, this Agreement may be terminated by either party for a breach of any of
its material terms, provided the non-breaching party provides to the breaching party
30 days written notice describing such breach and offering the breaching party an
opportunity to cure. Failure to cure a material breach within the notice period
shall result in automatic termination of this Agreement. Should this Agreement be
terminated for your material breach, Customer agrees to remove all copies of the
Software or any part of the Software from any and all computer storage devices,
and destroy the Software and all Documentation. At Cozomo Web Hosting's request,
Customer or any of Customer's authorized signatory on the account, shall certify
in writing to Cozomo Web Hosting that all complete and partial copies of the
Software and the Documentation have been destroyed and that none remain in
Customer's possession or under its control. The provisions of this Agreement except
for the Section 1, "License Grant," shall survive.


MISCELLANEOUS. This Agreement represents the complete and exclusive statement
of the agreements concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO TIE TFRMS SET FORTH HEREIN, AND Cozomo Web Hosting AGREES TO FURNISH TFE SOFTWARE AND DOCUMENTATION ONLY UPON THESE TERMS AND NOT THOSE CONTAINED IN YOUR PURCHASE ORDER.

If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make. It enforceable, and such decision shall not affect the enforceability (i) of such provision under other circumstances or (ii) of the remaining provisions hereof under all circumstances. Headings shall not be considered in interpreting this Agreement. This Agreement shall be governed by and construed under the law of California as such law applies to agreements between Californian residents entered into and to be performed entirely within California, except as governed by Federal Law. This Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication or disclosure by the
Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(l)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, and in similar clauses in the NASA FAR Supplement. Contractor / manufacturer is Cozomo Web Hosting. 6740 Franklin Place, Suite. 101, Hollywood, CA 90028-4534, USA.

 
 

For more information, contact us at info@cozomo.com. All information in this site is Copyright©2005 Cozomo Web Hosting

Our Name Servers are: NS1.COZOMO.COM and NS2.COZOMO.COM

 

Web Hosting | Hosting | Hosting Packages