BY SUBSCRIBING TO THIS PRODUCT THROUGH MICROSOFT AZURE MARKETPLACE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT. YOU WILL BE REFERRED TO AS THE "CUSTOMER." CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAS READ AND AGREES TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT WITH YOUR SHOP ONLINE.
a. "VM" means an Azure Virtual Machine Image, which is a special type of pre-configured operating system and virtual application software which is used to create a virtual machine within the Microsoft Azure cloud fabric.
b. "Software" means the YSO Xenofile country blocker web interface software, example website content and example website configuration.
2. Warranty Disclaimer. THE SOFTWARE PROVIDED TO CUSTOMER HEREUNDER IS PROVIDED ON AN "AS IS" BASIS, AND YOUR SHOP ONLINE MAKES NO REPRESENTATION OR WARRANTY RELATING THERETO, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTIES THAT MIGHT ARISE FROM THE COURSE OF DEALING, USAGE OR TRADE PRACTICE. NO ADVICE OR INFORMATION PROVIDED BY YOUR SHOP ONLINE WILL CREATE A WARRANTY. CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR ANY AND ALL RISK ARISING FROM CUSTOMER'S USE OF, OR INABILITY TO USE, THE SOFTWARE, SERVICE OR ANY PRODUCT OF CLIENT SOFTWARE. YOUR SHOP ONLINE SHALL HAVE NO RESPONSIBILITY FOR LOSS OF DATA OR INABILITY TO USE THE SOFTWARE DUE TO THE ACTS OR OMISSIONS OF AWS. Any support services for the Software must be purchased separately and directly from Your Shop Online.
3. No Liability For Consequential, Indirect or Direct Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT OR DIRECT DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS ARISING OUT OF THE USE OF THE SOFTWARE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. THE LIMITATIONS ON LIABILITY AND TYPES OF DAMAGES STATED IN THIS SECTION APPLY, REGARDLESS OF THE FORM OF ANY LAWSUIT OR CLAIM EITHER PARTY MAY BRING, WHETHER IN TORT, CONTRACT OR OTHERWISE, AND REGARDLESS OF WHETHER ANY LIMITED REMEDY PROVIDED IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.
4.1 License to Software. Subject to the terms of this Agreement, Your Shop Online hereby grants to Customer a non-exclusive, non-transferable, personal license during the Agreement term to access and use the Software for Customer's internal business use and solely on the number of instances of VM's and for the amount of time for which Customer has paid.
4.2 Ownership. The Software is licensed to Customer for use during the term of this Agreement, not sold. There are no implied rights. All right, title and interest in and to the Software is owned by Your Shop Online, and is protected by United States and United Kingdom copyright laws and international treaty provisions. Customer shall not market, offer to sell, sell and/or otherwise resell the Software or any code provided in connection with the Software to any third party.