Ipswitch grants to you, and you accept, a non-exclusive and non-transferable license to use software program(s) provided by Ipswitch, and the accompanying user documentation ("Documentation"), (collectively, the "Software") as purchased by you only as authorized in this Agreement. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU SHOULD NOT DOWNLOAD, INSTALL, OR USE THE SOFTWARE, AND PROMPTLY RETURN THE SOFTWARE AND ASSOCIATED DOCUMENTATION. BY DOWNLOADING OR INSTALLING THE SOFTWARE, AND/OR USING THE SOFTWARE, YOU ARE ACCEPTING AND AGREEING TO THE TERMS OF THIS AGREEMENT, AND ARE THEREBY CREATING A CONTRACTUAL AGREEMENT BETWEEN YOU AND IPSWITCH. IF NO SUCH AGREEMENT HAS BEEN EXECUTED, THEN THIS AGREEMENT REPRESENTS THE ENTIRE AGREEMENT CONCERNING THE SOFTWARE BETWEEN YOU AND IPSWITCH, AND IT SUPERSEDES ANY PRIOR PROPOSAL OR UNDERSTANDING BETWEEN YOU AND IPSWITCH.
THE TERMS OF USE OF THE SOFTWARE ARE DESCRIBED IN THE IPSWITCH LICENSE AGREEMENT OR LICENSE AND MAINTENANCE AGREEMENT FOR THE SOFTWARE WHICH MUST BE EXECUTED BETWEEN YOU (OR YOUR COMPANY OR INSTITUTION) AND IPSWITCH, INC. READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE LOADING, AND/OR OTHERWISE USING THE SOFTWARE.
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