IMPORTANT - READ CAREFULLY. This is a legal agreement ("Agreement") between you and Silverlake Software LLC ("Silverlake"), its successors and assigns, for the silverlakesoftware.com website (hereafter collectively referred to as the "Website"). BY PRESSING THE "I AGREE" BUTTON, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS PRESS THE "I DO NOT AGREE" BUTTON AT THE BOTTOM OF THE PAGE AND DO NOT USE THE WEBSITE.
Subject to the terms and conditions set forth in this Agreement, Silverlake hereby grants to you and you accept a non-exclusive, non-transferable license ("License") to use this Website. However, your license to use this Website will terminate immediately if you breach any of these terms. Upon the expiration or termination of this License, you must immediately discontinue use of this Website. Silverlake reserves the right to terminate this license for any reason without notification.
You shall not have the right under this Agreement to (2) reverse engineer, decompile, disassemble, re-engineer or otherwise create or attempt to create or permit, allow or assist others to create the source code of the Website or its structural framework; or (3) to Use the Website in whole or in part for any purpose except as expressly provided under this Agreement.
You acknowledge and agree that all right, title, and interest in and to the Website and the Silverlake name and logo, our product names, including all patents, copyrights, and trade secrets and other intellectual property rights granted herein are and will remain the property of Silverlake, subject only to the licenses granted to you under this Agreement. This Agreement is not a sale and nothing contained herein will be deemed to grant you any right, title, or interest in or to the Website, the Silverlake name or logo, our product names or any patent, copyright, trade secret, trade name, trademark or other proprietary or intellectual property rights related thereto.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SILVERLAKE AND ITS SUPPLIERS PROVIDE TO YOU THE WEBSITE AND ANY (IF ANY) SUPPORT SERVICES RELATED TO THE WEBSITE ("SUPPORT SERVICES") AS IS AND WITH ALL FAULTS; AND SILVERLAKE AND ITS SUPPLIERS HEREBY DISCLAIM WITH RESPECT TO THE WEBSITE AND SUPPORT SERVICES ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) WARRANTIES OR CONDITIONS OF OR RELATED TO: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, WORKMANLIKE EFFORT AND LACK OF NEGLIGENCE. ALSO THERE IS NO WARRANTY, DUTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE WEBSITE AND ANY SUPPORT SERVICES REMAINS WITH YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SILVERLAKE OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE WEBSITE OR THE SUPPORT SERVICES, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS LICENSE AGREEMENT, EVEN IF SILVERLAKE OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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 SILVERLAKE AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS AGREEMENT AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO ACCESS THE WEBSITE. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
8.1 Governing Law. This Agreement is governed and shall be construed in accordance with the internal laws of the State of New Jersey, and any action arising out of or in any way connected with this Agreement shall be brought only in Federal or State Court in New Jersey.
8.2 Captions. The captions and titles in this Agreement are not considered part of this Agreement, and are placed for convenience of the reader only.
8.3 Severability. If any term or provision of this Agreement is found to be invalid under any applicable statute or rule of law, then that provision not withstanding, the terms and conditions of this Agreement will remain in full force and affect, and, in such event, such provision will be changed and interpreted so as to best accomplish the objectives of the unenforceable or invalid provision within the limits of applicable law or applicable Court decisions.
8.4 Survival of Certain Terms. The provisions of articles 2, 3, 4, 5, 6, 7, and 8 will survive the termination of this Agreement.
8.5 No Joint Venture. Nothing contained in this Agreement shall be construed so as to make the Parties partners or joint venturers or to permit either party to bind the other party to any Agreement or purport to act on behalf of the other party in any respect.
8.6 Waiver. Failure by either party to enforce any rights under this Agreement shall not be construed as a waiver of such rights, and a waiver by either party of a default hereunder in one or more instances will not be construed as constituting a continuing waiver or as a waiver in other instances.
8.7 Compliance With Law. Licensee will comply with all applicable laws in connection with the Use of the Licensed Website including compliance with all export control laws and regulations of the states of the United States and the United States as such may be amended from time to time.