Terms and Conditions

By using, installing or accessing the AC WebHosting (The Artist Collection) 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 AC WebHosting (The Artist Collection) 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, AC WebHosting (The Artist Collection) hereby grants to you a non-exclusive, nontransferable, license

to use its accompanying proprietary software application products offered on the

AC WebHosting (The Artist Collection) web site ("Software",) for your own use. Such Software is protected

by the AC WebHosting (The Artist Collection) laws of the United States and international AC WebHosting (The Artist Collection)

treaties.


RESTRICTED USE. All rights not expressly granted herein are retained by AC WebHosting (The Artist Collection)

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,

AC WebHosting (The Artist Collection), trademark or other notice from the Software. Any such copy made

by you shall be subject to this Agreement and shall contain all of AC WebHosting (The Artist Collection)'s

notices regarding AC WebHosting (The Artist Collection)'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 AC WebHosting (The Artist Collection) 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

AC WebHosting (The Artist Collection) or other law. This License does not give Customer any rights to

such content.


LIMITED WARRANTY. AC WebHosting (The Artist Collection) 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. AC WebHosting (The Artist Collection) 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 AC WebHosting (The Artist Collection) 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 AC WebHosting (The Artist Collection) 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

AC WebHosting (The Artist Collection)'S LIST PRICE FOR A LICENSE TO THE SOFTWARE AND DOCUMENTATION,

EYEN IF AC WebHosting (The Artist Collection) 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 you

are 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. AC WebHosting (The Artist Collection)

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 AC WebHosting (The Artist Collection)'s request,

Customer or any of Customer's authorized signatory on the account, shall certify

in writing to AC WebHosting (The Artist Collection) 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 AC WebHosting (The Artist Collection) 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 AC WebHosting (The Artist Collection) <state> as such law applies

to agreements between AC WebHosting (The Artist Collection) <state> residents entered into and to be performed

entirely within AC WebHosting (The Artist Collection) <state>, 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 AC WebHosting (The Artist Collection).

PO Box 105, Arana Hills, Qld Australia 4054

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