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Plug-In Power Pack for Netscape Communicator
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Plug-In Power Pack for Netscape Communicator.iso
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PLUGSY.EXE
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ID_LICENSE
Wrap
Text File
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1997-05-21
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11KB
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202 lines
END-USER LICENSE AGREEMENT
DIGIGAMI, INC.
ELECTRONIC END-USER LICENSE AGREEMENT
BEFORE YOU CLICK ON THE "YES" BUTTON, CAREFULLY READ THE TERMS AND
CONDITIONS OF THIS AGREEMENT. BY CLICKING ON THE "YES" BUTTON, YOU
ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THE
FOLLOWING LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND
CONDITIONS OF THIS AGREEMENT, CLICK THE "EXIT" BUTTON AND DO
NOT USE THE SOFTWARE.
This Agreement has 3 parts. Part I applies if you have not purchased a
license to the accompanying software (the "Software"). Part II
applies if you have purchased a license to the Software. Part III
applies to all license grants. If you initially acquired a copy of
the Software without purchasing a license and you wish to purchase a
license, contact Digigami, Inc. ("Digigami") on the Internet at
http://www.digigami.com.
PART I - TERMS APPLICABLE WHEN LICENSE FEES NOT (YET) PAID
(LIMITED TO EVALUATION, EDUCATIONAL AND NON-PROFIT USE)
A. Grant. Digigami grants you a non-exclusive license to use the
Software free of charge if (a) you are a student, faculty member or
staff member of an educational institution (K-12), junior college,
college or library) or an employee of an organization which meets
Digigami's criteria for a charitable non-profit organization; or (b)
your use of the Software is for the purpose of evaluating whether to
purchase an ongoing license to the Software. The evaluation period
for use by or on behalf of a commercial entity is limited to 30 days;
evaluation use by others is not subject to this 30 day limit.
Government agencies (other than public libraries) are not considered
educational or charitable non-profit organizations for purposes of
this Agreement. If you are using the Software free of charge, you are
not entitled to hard-copy documentation, support or telephone
assistance. If you fit within the description above, you may use the
Software in the manner described in Part III below under "Scope of
Grant."
B. Disclaimer of Warranty. Free of charge Software is provided on an
"AS IS" basis, without warranty of any kind, including without
limitation the warranties of merchantability, fitness for a particular
purpose and non-infringement. The entire risk as to the quality and
performance of the Software is borne by you. Should the Software
prove defective, you and not Digigami assume the entire cost of any
service and repair. This disclaimer of warranty constitutes an
essential part of this Agreement. SOME JURISDICTIONS DO NOT ALLOW
EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY
TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.
PART II - TERMS APPLICABLE WHEN LICENSE FEES PAID
A. License Grant. Subject to payment of the applicable license fees,
Digigami hereby grants you, the user, a non-exclusive,
non-sublicensable license to use this version of the Software and
accompanying documentation (the "Documentation") as specified by this
License Agreement, on one computer only. Digigami reserves the right
at any time to alter price, features, specifications, capability,
functions, licensing terms, release dates, general availability or
other characteristics of the Software.
B. Limited Warranties and Limited Liability. Digigami warrants that
for a period of ninety (30) days from the date of acquisition, the
Software, if operated as directed, will substantially achieve the
functionality described in the Documentation. Digigami does not
warrant, however, that your use of the Software will be uninterrupted
or that the operation of the Software will be error-free. Digigami
also warrants that the media containing the Software, if provided by
Digigami, is free from defects in material and workmanship and will
so remain for ninety (30) days from the date you acquired the
Software. Digigami's sole liability for any breach of this Warranty
shall be, in Digigami's sole discretion: (i) to replace your
defective media; or (ii) to advise you how to achieve substantially
the same functionality with the Software as described in the
Documentation through a procedure different from that set forth in the
Documentation; or (iii) if the above remedies are impracticable, to
refund the license fee you paid for the Software. Repaired,
corrected, or replaced Software and Documentation shall be covered by
this limited warranty for the period remaining under the warranty
that covered the original Software, or if longer, for thirty (30)
days after the date (a) of shipment to you of the repaired or replaced
Software, or (b) Digigami advised you how to operate the Software so
as to achieve the functionality described in the Documentation. Only
if you inform Digigami of your problem with the Software during the
applicable warranty period and provide evidence of the date you
purchased a license to the Software will Digigami be obligated to
honor this warranty. Digigami will use reasonable commercial efforts
to repair, replace, advise, or refund pursuant to the foregoing
warranty within 30 days of being so notified.
THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY
DIGIGAMI. DIGIGAMI MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES AND
NO WARRANTY OF NONINFRINGEMENT OF THIRD PARTIES' RIGHTS, OF
MERCHANTABILITY, OR OF FITNESS FOR A PARTICULAR PURPOSE. NO DIGIGAMI
DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS,
EXTENSIONS, OR ADDITIONS TO THIS WARRANTY. IN NO EVENT WILL DIGIGAMI
BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR
SPECIAL DAMAGES, WHETHER ARISING IN TORT, CONTRACT OR OTHERWISE,
INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK
STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY LOST PROFITS OR
LOST SAVINGS, EVEN IF A DIGIGAMI REPRESENTATIVE HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
If any modifications are made to the Software by you during the
warranty period; if the media is subjected to accident, abuse, or
improper use; or if you violate the terms of this Agreement, then
this warranty shall immediately be terminated. This warranty shall not
apply if the Software is used on or in conjunction with hardware or
software other than the unmodified version of hardware and software
with which the software was designed to be used as described in the
Documentation. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, OR THE
EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
PART III - TERMS APPLICABLE TO ALL LICENSE GRANTS
A. Scope of License Grant. You may:
1. Use the Software on any single computer;
2. Use the Software on a network, provided that each person accessing
the Software through the network must have a copy licensed to the
person, either pursuant to Part I or Part II above;
3. Use the Software on a second computer so long as only one copy is
used at a time; or
4. Copy the Software for archival purposes, provided any copy must
contain all of the original Software's proprietary notices.
B. Restrictions on License Grant. You may not:
1. Permit other individuals to use the Software except under the terms
listed above;
2. Permit concurrent use of the Software;
3. Modify, translate, reverse engineer, decompile, disassemble (except
to the extent applicable laws specifically prohibit such
restriction), or create derivative works based on the Software;
4. Copy the Software other than as specified above;
5. Rent, lease, grant a security interest in, or otherwise transfer
rights to the Software;
6. Remove any proprietary notices or labels on the Software; or
7. Use the Software for commercial or for-profit purposes if your
license to use has been obtained pursuant to Part I.
C. Termination. The license will terminate automatically if you fail
to comply with the limitations described herein. On termination, you
must destroy all copies of the Software and Documentation.
D. Copyright. The Software is owned by Digigami, and its structure,
organization and code are the valuable trade secrets of Digigami. The
Software is also protected by United States Copyright Law and
International Treaty provisions. You agree not to modify, adapt,
translate or otherwise attempt to change the Software. This Agreement
does not grant you any intellectual property rights in the Software.
You cannot delete the Digigami copyright or trademark notices.
E. Choice of Forum. This Agreement shall be governed by and construed
in accordance with the laws of the State of California (except for
the conflicts of laws provisions thereof) and, as to matters affecting
copyrights, trademarks and patents, by U.S. federal law.
F. Use by the Government. 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)(1)(ii) of the
Rights in Technical Data and Computer Software clause at DFARS
252.227-7013 and in similar clauses in the NASA AR Supplement.
Contractor/manufacturer is Digigami, Inc., 624 Broadway, Suite 200,
San Diego, California 92101.
G. Downloading or Exporting Software Abroad. You may not download or
otherwise export or re- 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 or otherwise exported or re-exported (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 the
Software, you are agreeing to the foregoing and you are representing
and warranting that you are not located in, under control of, or a
national or resident of any such country or on any such list.
H. Miscellaneous. If the copy of the Software you received was
accompanied by a printed or other form of "hard-copy" End User
License Agreement whose terms vary from this Agreement, then the
hard-copy End User License Agreement governs your use of the
Software. This Agreement represents the complete agreement concerning
this license and 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 THE TERMS SET FORTH
HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER. If any provision of
this Agreement is held to be unenforceable, such provision shall be
reformed only to the extent necessary to make it enforceable. The
application of the United Nations Convention of Contracts for the
International Sale of Goods is expressly excluded.