BellSouth FastAccess DSL Speed Optimization Tool
END-USER LICENSE AGREEMENT FOR BELLSOUTH-PROVIDED SOFTWARE
IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a business entity) and BellSouth Telecommunications, Inc. or its designated affiliated company ("BellSouth") for the use of any software product(s) furnished or made available to you by BellSouth as part of or in connection with BellSouth's Internet access and related services (the "BellSouth Service") which do not come with their own separate or third party license agreement, and which may include associated media, printed materials, and "online" or electronic documentation ("Software"). By downloading, installing, copying, or otherwise using the Software, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the Software.
The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold.
1. Grant Of License. BellSouth grants you a personal, nonexclusive and nontransferable license to install and use the Software on your computer (including the right to make copies of the Software as may be necessary for backup and archival purposes), but only in connection with your use of the BellSouth Service. This EULA grants you no title or right of ownership in the Software. All title, including but not limited to copyrights, in and to the Software and any copies thereof are owned by BellSouth or its suppliers. All rights not expressly granted are reserved by BellSouth or its suppliers.
2. Prohibitions And Limitations. You are prohibited from doing any of the following:
copying or modification of the Software (other than copies for archival purposes as permitted above);
removing or altering any copyright notices on any copy of the Software;
transferring, sharing, outsourcing, or distributing copies of the Software to third parties;
reverse engineering, decompiling, or disassembling the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; or
renting, leasing, or lending the Software.
You must comply with all applicable laws regarding use of the Software.
3. Termination. Your license to use the Software will terminate upon any termination of the BellSouth Service. In addition, without prejudice to any other rights, BellSouth may terminate this license if you fail to comply with the terms and conditions of this EULA. In such event, you must cease using and destroy all copies of the Software.
4. No Warranties. BellSouth and its suppliers expressly disclaim any warranty for the Software. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.
5. Limitation Of Liability. To the maximum extent permitted by applicable law, in no event shall BellSouth or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the Software or the provision of or failure to provide support services relating to the Software, even if BellSouth or its suppliers have been advised of the possibility of such damages. IN ANY CASE, BELLSOUTH'S AND ITS SUPPLIERS' ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA OR FOR ANY CLAIM RELATING TO THE SOFTWARE OR ANY SERVICES PROVIDED IN CONNECTION THEREWITH SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR US$10.00. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.
6. U.S. Government Restricted Rights. The Software is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is BellSouth Telecommunications, Inc., 675 W. Peachtree St., Atlanta, GA 30375 or its suppliers.
7. Export Restrictions. You agree that you will not export or re-export the Software to any country, person, entity or end user subject to U.S.A. export restrictions. Restricted countries currently include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria. You warrant and represent that neither the U.S.A. Bureau of Export Administration nor any other federal agency has suspended, revoked or denied your export privileges.
8. Other Use Limitations. The Software is not designed, manufactured, or intended for use in connection with on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, or in any other situation in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage.
9. Governing Law; Jurisdiction. This EULA shall be governed by, and interpreted and construed in accordance with, the laws of the State of Georgia, USA, without giving effect to the conflict of law rules of such state. Any litigation arising hereunder shall be filed in either the Federal District Court for the Northern District of Georgia or the Superior Court of Dekalb County, Georgia and you hereby consent to the jurisdiction of such courts.
10. Miscellaneous. This EULA contains the entire agreement between the parties relating to the subject matter contained herein, and supersedes any and all other agreements, representations or warranties of the parties in connection with such subject matter. This EULA cannot be modified, changed or terminated orally, and no changes, amendments or modifications to this EULA shall be binding unless in writing and duly executed by the party to be charged therewith. If any provision of this EULA is held invalid, unenforceable or illegal for any reason, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of this EULA shall remain valid and enforceable in accordance with its terms.