Skip Navigation Links
Home
Product InformationExpand Product Information
Purchase
SupportExpand Support
CompanyExpand Company
ieStarGate License Agreement
This ieStarGate Software License ("ieStarGateSL Agreement") is a legal agreement between you and ieStarGate, L.P. (“ieStarGate”). By installing, copying, distributing or otherwise using the ieStarGate Software Product (defined below), you agree to be bound by the terms of this ieStarGateSL Agreement. If you do not agree to the terms of this ieStarGateSL Agreement, you may not install or use the ieStarGate Software Product. This ieStarGateSL Agreement shall apply to all computers and all users of the ieStarGate Software Product regardless of where the ieStarGate Software Product resides or what the configuration is that the user utilizes to obtain access or execution of the ieStarGate Software Product for use.
“ieStarGate Software Product” means all software, components, media, printed materials, and electronic documentation with which this Agreement is provided, including without limitation executable files, DLL files, and electronic, printed and website documentation.
1. SCOPE OF LICENSE
ieStarGate grants you a limited, non-exclusive, non-sublicenseable license to install and use the ieStarGate Software Product on your or your company’s computer(s) for the purpose of enhancing the functionality of your web browser software provided that you comply with the terms of this ieStarGateSL Agreement.
If the product you have received with this license is a trial version, YOU ACKNOWLEDGE THAT THE TRIAL VERSION FUNCTIONS FOR A LIMITED PERIOD OF TIME. The trial version of the ieStarGate Software Product will terminate operations after 1 day following installation (the "Time Out Date"). Upon such Time Out Date, this license shall terminate, unless extended by ieStarGate upon your purchase of an ieStarGate Software License from ieStarGate. You acknowledge that such trial software shall cease operation upon the Time Out Date. This license grants you one, and only one, 1 day trial period for the ieStarGate Software Product. Multiple downloads of the trial version of the ieStarGate Software Product are prohibited.
The Activation Code that ieStarGate issues to you upon your purchase of a license may be used on one and only one computer for the purpose of running the ieStarGate Software Product on only that one computer, and it may not be distributed or disclosed to third parties, except (i) to other users of the computer with which the particular Activation Code is associated, and (ii) to the user of a computer on which the ieStarGate Software Product will be installed and used in connection with an existing Activation Code once it has been uninstalled from the computer in connection with which the Activation Code is being used. If you would like your non-trial licensed copy of the ieStarGate Software product to be used on a computer other than the one on which it is installed, you are required to uninstall it first from the computer on which it is installed.
It is your responsibility to keep your Activation Code(s) in a safe place, in a format that will allow re-installation if re-installation becomes necessary, to prevent your Activation Code(s) from being lost, stolen, corrupted, deleted, or otherwise unusable. ieStarGate will not re-issue Activation Codes that have been lost, stolen, corrupted, deleted, or have become otherwise unusable.
You may distribute copies of the trial version of the ieStarGate Software Product, provided that any such copy shall be a true and complete copy and include all copyright and trademark notices, as well as this ieStarGateSL Agreement. You may not distribute copies of the ieStarGate Software Product for which you have purchased a license or licenses, except to the users of those computers for which licenses have been purchased. You may not rent, lease, lend or otherwise request or demand payment of any form for the ieStarGate Software Product, including the trial version, or Activation Codes without ieStarGate’s written permission. You may not bundle the ieStarGate Software Product with any other software for distribution, whether commercial or non-commerical, without ieStarGate’s written permission. You may create copies of the ieStarGate Software Product only for the purpose of backup.
You may not store or install a copy of the ieStarGate Software Product on a storage device, application server, or any type of network for the purpose of providing an activated copy to be accessed simultaneously or otherwise utilized simultaneously on multiple computers.
You may not create Activation Codes through reverse engineering or any other method.
Any software provided to you by ieStarGate as a revision, enhancement or other ieStarGate support service, shall be considered part of the ieStarGate Software Product and subject to the terms and conditions of this ieStarGateSL Agreement or such replacement of this ieStarGateSL Agreement that may be provided with such software or service.
Any information supplied by ieStarGate or obtained by you, as permitted hereunder, may only be used by you for the purpose described herein and may not be disclosed to any third party or used to create any software which is substantially similar to the ieStarGate Software Product.
ieStarGate reserves the right, at its sole discretion, to periodically review and verify the validity of this license and, if found invalid due to misuse, abuse, or in violation of any of the terms and conditions of this license, to terminate or otherwise disable its usage.
You must comply with all applicable laws regarding the use of the ieStarGate Software Product.
2. INTELLECTUAL PROPERTY
The ieStarGate Software Product and any copies that you are authorized by ieStarGate to make are the intellectual property of and are owned by ieStarGate. The ieStarGate Software Product is protected by copyright, including without limitation by United States Copyright Law and international treaty provisions. The structure, organization, and source code of the ieStarGate Software Product are the valuable trade secrets and confidential information of ieStarGate.
You may not copy the ieStarGate Software Product, except as permitted by this ieStarGateSL Agreement. Any copies that you are permitted to make pursuant to this ieStarGateSL Agreement must contain the same copyright and other proprietary notices that appear on or in the ieStarGate Software Product.
You may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the ieStarGate Software Product.
All title and intellectual property rights in and to third party content which may be accessed through use of the ieStarGate Software Product are the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This ieStarGateSL Agreement grants you no right to use such content.
This license does not transfer to you any title or any proprietary or intellectual property rights to the ieStarGate Software Product, or any copyrights, patents, trademarks or trade secrets (including, without limitation, Activation Codes) embodied or used in connection therewith, except for the rights expressly granted herein.
3. TERMINATION
Without prejudice to any other rights, ieStarGate may terminate this ieStarGateSL Agreement if you fail to comply with the terms and conditions of this ieStarGateSL Agreement. In such event, you must destroy all copies of the ieStarGate Software Product. ieStarGate may also terminate this ieStarGateSL Agreement by offering you a superceding software license agreement for the ieStarGate Software Product or any replacement or modified version of, or upgrade to, the ieStarGate Software Product and conditioning your continued use of the ieStarGate Software Product or such replacement, modified or upgraded version on your acceptance of such superceding software license agreement. In addition, ieStarGate may terminate this ieStarGateSL Agreement by notifying you that your continued use of the ieStarGate Software Product is prohibited. In the event that ieStarGate terminates this ieStarGateSL Agreement, you must immediately stop using the ieStarGate Software Product and destroy all copies of the ieStarGate Software Product and all of its component parts.
4. EXPORT RESTRICTIONS
You agree that you will not export or re-export this or future versions of the ieStarGate Software Product, or any part thereof, to any country, person or entity subject to U.S. export restrictions.
5. EXCLUSION OF WARRANTY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IESTARGATE PROVIDES THE IESTARGATE SOFTWARE PRODUCT AND ANY, IF ANY, SUPPORT SERVICES RELATED TO THE IESTARGATE SOFTWARE PRODUCT AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES, OF ACCURACY, OF COMPLETENESS OF RESPONSES, OF RESULTS, AND OF LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT, ALL WITH REGARD TO THE IESTARGATE SOFTWARE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE ENTIRE RISK AS TO THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE IESTARGATE SOFTWARE PRODUCT AND SUPPORT SERVICES, IF ANY, REMAINS WITH YOU. THE IESTARGATE SOFTWARE PRODUCT IS NOT DESIGNED FOR MONITORING CRITICAL SYSTEMS, INCLUDING WITHOUT LIMITATION, MEDICAL MONITORING AND TRANSPORTATION SYSTEMS MONITORING, AND THE ENTIRE RISK OF USING THE IESTARGATE SOFTWARE PRODUCT FOR SUCH PURPOSES REMAINS WITH YOU. This provision shall survive the termination of this Agreement, howsoever caused, but this shall not imply or create any continued right to Use the ieStarGate Software Product after termination of this Agreement.
6. EXCLUSION OF DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IESTARGATE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, FOR ATTORNEYS’ FEES AND COSTS, FOR ANY AND ALL PUNITIVE OR EXEMPLARY DAMAGES, FOR ANY DAMAGES THAT ARE RECOVERABLE UNDER THE UCC, INCLUDING WITHOUT LIMITATION COVER, INCIDENTAL, CONSEQUENTIAL, AND INDIRECT, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE IESTARGATE SOFTWARE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS IESTARGATESL AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF IESTARGATE AND EVEN IF IESTARGATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. LIMITATION OF LIABILILTY
Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of ieStarGate under any provision of this ieStarGateSL Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount paid for the software, if any. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
8. PRIVACY
Information that you provide to ieStarGate will be used in accordance with the ieStarGate Privacy Policy, the terms of which are incorporated herein. You agree that the terms of such policy are reasonable. You consent to the use of your personal information by ieStarGate and/or its third party providers and distributors in accordance with the terms of and for the purposes set forth in the ieStarGate Privacy Policy.
9. DISCLAIMER
ieStarGate is not responsible for the content, use, or products and services made available through sites, files or other content accessible through the use of the ieStarGate Software Product. You assume all risk of being offended, enduring mental anguish or any other form of suffering or damage you may experience, whether physical, mental, or both, that you may experience through the use of the ieStarGate Software Product and/or accessible content.
10. GOVERNING LAW
This ieStarGateSL and its performance shall be governed by the laws of the state of Texas, United States of America, without regard to its conflict of laws provisions. In respect of any dispute, which may arise hereunder, you consent to the jurisdiction of the State of Texas. Any dispute shall be filed in Dallas County, Texas, USA.
11. SEVERABILITY
These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
12. HEADINGS
The headings used in this ieStarGateSL Agreement are included for convenience only and will not limit or otherwise affect the terms and conditions herein.
13. ENTIRE AGREEMENT
This ieStarGateSL Agreement, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.