License Agreement

Below you will find our current End User License Agreement (EULA).

1. GENERAL

Notice to user:

This End User License Agreement (EULA) is a CONTRACT between you (either an individual or a single entity) and Prevail Host LLC which covers your use of the WHMControl software product that accompanies this EULA and related software components, which may include associated media, printed materials, and "online" or electronic documentation. All such software and materials are referred to herein as the "Software Product." Throughout this EULA, PHLLC refers to Prevail Host LLC which is a Limited Liability Company in the state of New York. A software license, issued to a designated user only by PHLLC or its authorized agents, is required for each user of the Software Product. If you do not agree to the terms of this EULA, then do not install or use the Software Product or the Software Product License. By explicitly accepting this EULA, however, or by installing, copying, downloading, accessing, or otherwise using the Software Product and/or Software Product License, you are acknowledging and agreeing to be bound by the following terms.

YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS PRODUCT. IT CONTAINS SOFTWARE, THE USE OF WHICH IS LICENSED BY PREVAIL HOST LLC TO ITS CUSTOMERS FOR THEIR USE ONLY AS SET FORTH BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE.

USING ANY PART OF THE SOFTWARE INDICATES THAT YOU ACCEPT THESE TERMS.

This license is for one (1) Installation on one (1) Computer/Server/IP. Each license of the software product may additionally have limits imposed on the features and/or its use. These will be presented to you during your purchase of the software product and/or in other documentation and forms part of this EULA/contract/agreement.

If you have purchased a license to the WHMControl software product in conjunction with any other product(s) then you will also be bound by any and all licenses, restrictions, agreements, EULA’s, and/or contracts for the other product(s).

2. GRANT OF NON-EXCLUSIVE LICENSE.

(a) Software Product License. The Software Product License, which is issued to a designated user, enables such designated user to use a single instance of the Software Product on a single computer system. Each user on a multi-user computer system who uses the Software Product requires an additional Software Product License. You may not modify or create derivative copies of the Software Product License.

(b) Grant of License. Subject to a validly issued Software Product License, PHLLC grants to you the non-exclusive, non-transferable right for you to use the Software Product on a single computer running a validly licensed copy of the operating system for which the Software Product was designed. You may not modify or create derivative copies of the Software Product. All rights not expressly granted to you are retained by PHLLC.

(c) Backup Copy: Software Product. You may make copies of Software Product as reasonably necessary for the use authorized above, including as needed for backup and/or archival purposes. No other copies may be made. Each copy must reproduce all copyright and other proprietary rights notices on or in the Software Product.

(d) Backup Copy: Software Product License. You may install each Software Product License on a single computer system and make copies of the Software Product License as necessary only for backup and/or archival purposes. No other copies may be made. Each copy must reproduce all copyright and other proprietary rights notices on or in the Software Product License.

3. INTELLECTUAL PROPERTY RIGHTS RESERVED BY PHLLC.

The Software Product is protected by U.S. and international copyright laws and treaties, as well as other intellectual property laws and treaties. You must not remove or alter any copyright notices on any copies of the Software Product. This Software Product copy is licensed, not sold. Furthermore, this EULA does not grant you any rights in connection with any trademarks or service marks of PHLLC. PHLLC reserves all intellectual property rights, including copyrights and trademark rights.

4. NO RIGHT TO TRANSFER.

You may not rent, lease, lend, sub-lease, or in any way distribute or transfer any rights in this EULA or the Software Product to third parties without written approval from PHLLC and subject to written agreement by the recipient of the terms of this EULA.

5. PROHIBITION ON REVERSE ENGINEERING, DECOMPILATION AND DISASSEMBLY.

You may not reverse engineer, decompile, defeat license encryption mechanisms, or disassemble the Software Product or Software Product License except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

6. SUPPORT SERVICES.

PHLLC may provide you with support services related to the Software Product. Use of any such support services is governed by the PHLLC and/or WHMControl policies and programs described in "online" documentation and/or other materials provided by PHLLC. Use of any such support services and/or any supplemental software code or related materials that PHLLC provides to you as part of the support services is to be considered part of the Software Product and is subject to the terms and conditions of this EULA.

With respect to any technical information you provide to PHLLC as part of the support services, we may use such information for our business purposes without restriction, including for product support, marketing, development and/or any other purpose as deemed reasonable by PHLLC. PHLLC will not use such technical information in a form that personally identifies you.

PHLLC reserves the right to charge you for any and all support requests that PHLLC and/or its authorized agents deem to be excessive or a misuse of the support services provided to you under this EULA. PHLLC and its authorized agents will be the sole judge in what is deemed an excessive or a misuse of the support services, and any and all associated charges and fees.

Abuse and/or threatening behavior towards any PHLLC employees and/or authorized agents during the course of any support services provided to you by PHLLC will not be tolerated and PHLLC reserves the right to terminate this EULA under clause thirteen (13) below.

7. FURTHER RESTRICTIONS IMPOSED BY THIS EULA.

By accepting the conditions of this EULA as defined in clause one (1) above, you agree and understand that:

a) You may not offer or sell a hosting solution that includes a WHMControl software license and/or provide hosting with the sole intent that users would use it to host a WHMControl software installation without explicit written approval from PHLLC. Your right to sell hosting where users install or use a WHMControl installation in due course is not affected.

b) You may not market any hosting solution as including or being suitable for WHMControl and/or any WHMControl component(s) without explicit written permission from PHLLC.

8 LICENSE ENFORCEMENT AND COLLECTION OF ANONYMOUS USAGE DATA.

The Software Product contains technological measures that, working in conjunction with WHMCS computer servers, are designed to prevent unlicensed or illegal use of the Software Product (collectively, the "Authentication System"). You acknowledge and agree that such Authentication System allows PHLLC to (among other things) (a) monitor use of the Software Product by You as outlined below; (b) suspend or disable access to the Software in whole or in part in the event of a breach of this Agreement; and (c) terminate use of the Software upon the expiration or termination of this Agreement. You agree not to thwart, interfere with, circumvent or block the operation of any aspect of the Authentication System, including any communications between the Software and PHLLC's computer servers. For the avoidance of doubt, the Software will not operate unless PHLLC from time to time verifies the Software using the Authentication System which requires the exchange of information between You and PHLLC over the Internet.

You agree that, without further notice to You, PHLLC may use technological means to (a) monitor use of the Software Product as may be necessary to monitor for compliance with the terms of this Agreement; and (b) collect Anonymous Usage Data as outlined below. PHLLC reserves the right to copy, access, store, disclose and use said usage data indefinitely in its sole discretion; provided, however, that in the event that PHLLC collects information concerning which features of the Software Product are most often used by You, PHLLC will remove personally identifiable information (if any) from such data and copy, access, store, disclose and use such data solely for the purpose of improving the Software.

"Anonymous Usage Data" means all data collected by PHLLC in connection with the use of the Software Product by You or any Third Party Users, including (a) the licensed or unlicensed status of the Software Product; (b) the source from which the license for the Software Product was obtained; and (c) information about the hardware upon which the Software is installed including (i) the public IP address, (ii) the operating system, (iii) web server version, (iv) the use of any virtualization technologies on such server, and (v) data utilized to prevent and combat various server attacks by hackers or their hardware, including but not limited to assaults such as spam attacks, brute force attacks, dictionary attacks, phishing, pharming, and the like. Additionally, "Anonymous Usage Data" may also include information collected by PHLLC from time to time concerning which features of the Software are most often used in order to improve and make adjustments to the Software, including, but not limited to the number of active modules, PHP version, MySQL version, installed PHP extensions, installed addon modules, template utilization, and the number of active staff members, servers, cPanel accounts, or other statistical data. At no point will PHLLC transmit or store any secure or confidential data about You including names of staff, IP addresses, passwords, access keys, or any other personally identifiable information.

9. REFUND POLICY.

Refunds are only issued for software failure. Refunds are not issued for server failure/issues, lack of features or if Your hardware does not meet the Software Requirements. Refunds are determined on individual circumstances and only issued once PHLLC's technical staff determines that the Software Product has a fault causing it to not run on Your hardware. Installation charges are not refundable under any circumstances. Refunds are not available after 1 month from purchase date.

10. NO WARRANTIES.

YOU ACCEPT THE SOFTWARE PRODUCT AND SOFTWARE PRODUCT LICENSE "AS IS", AND PHLLC (AND ITS THIRD PARTY SUPPLIERS AND LICENSORS) MAKE NO WARRANTY AS TO ITS USE, PERFORMANCE, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PHLLC (AND ITS THIRD PARTY SUPPLIERS AND LICENSORS) DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU.

11. LIMITATION OF LIABILITY.

THIS LIMITATION OF LIABILITY IS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL WHMCONTROL (OR ITS THIRD PARTY SUPPLIERS AND LICENSORS) BE LIABLE FOR ANY COSTS OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THIS EULA OR THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF WHMCONTROL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, PHLLC (AND ITS THIRD PARTY SUPPLIERS AND LICENSORS) ENTIRE LIABILITY ARISING OUT OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR U.S. $5.00.

12. GOVERNING LAW; ENTIRE AGREEMENT.

This EULA is governed by the laws of the State of New York, excluding the application of its conflict of law rules. The United Nations Convention for the International Sale of Goods shall not apply. This EULA is the entire agreement between us and supersedes any other communications or advertising with respect to the Software Product.

13. TERMINATION WITHOUT PREJUDICE TO ANY OTHER RIGHTS.

PHLLC may terminate this EULA if you fail to comply with any clause, term or condition of this EULA. In such event, Licensee agrees to return to Licensor or to destroy all copies of the Software upon termination of the License. In the event this EULA is terminated under this clause, PHLLC is under no obligation to refund you in whole or in part any fees paid to PHLLC previously or in the future.

No discussion will be entertained by PHLLC and/or its authorized agents in the event this EULA is terminated under this clause.

14. UPDATES TO THIS EULA.

PHLLC reserves the right to update and modify this EULA at any time and such changes will take affect fifteen (15) calendar days from the date they are published. Notification of changes and updates will be posted in the WHMControl website, located at: http://www.whmcontrol.com/eula/. It is the users responsibilty to check the WHMControl website for any EULA updates on a regular basis. In the event you disagree with the updated EULA, you must notify PHLLC within fifteen (15) days, and this EULA will be terminated as detailed in clause eleven (11) above. If you do not notify PHLLC within fifteen (15) days after the notification of an updated EULA is posted, you are acknowledging and agreeing to be bound by the updated version of this EULA.

This publication of the WHMControl EULA is correct at time of writing (April 2, 2017).

15. CONTACT INFORMATION.

If you have any questions about this EULA, or if you want to contact PHLLC for any reason, please direct all correspondence to:

Prevail Host LLC
P.O. Box 657
Oneida, New York 13421

or email: sales@whmcontrol.com