Your use of this software is subject to the following license. BY CLICKING THE "Yes" BUTTON, YOU ARE CONSENTING TO BE BOUND BY THIS LICENSE. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS LICENSE, THEN CLICK THE "No" BUTTON AND THE INSTALLATION WILL NOT CONTINUE. YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE SOFTWARE.
1. GRANT OF LICENSE.
OZ Interactive, Inc. ("OZ") hereby grants you a non-exclusive, non-sublicensable license to use this beta version of OZ Virtual (the "Software") in binary executable form for evaluation and trial purposes only for a period of 90 days. One of the main reasons we put out beta software is for testing purposes. The Software may contain bugs. We expect beta users to actively participate in the software development by reporting bugs, and we welcome all suggestions.
2. TERMINATION OF LICENSE.
OZ may terminate this license at any time by delivering notice to you and you may terminate this license at any time by destroying or erasing your copy of the Software. Upon termination of this license, or in any event within 30 days following the release of the commercial version of the Software, you agree to destroy or erase all copies of the Software. In the event of termination, the following sections of this license shall survive: 3, 4, 5, 6 and 7.
3. OWNERSHIP.
The Software is owned by OZ and is protected by United States copyright laws and international treaty provisions. All title, ownership rights and intellectual property rights in and to the Software and any suggestions made by you shall remain in OZ. You agree to abide by the copyright law and all of the laws of the United States, including, but not limited to, its export control laws. You acknowledge that the Software in source code form remains a confidential trade secret of OZ and therefore agree not to modify the Software or attempt to decipher, decompile or disassemble or reverse engineer the Software, except to the extent applicable laws specifically prohibit such restrictions. All content accessible through the Software is the property of the content owner and may be protected by applicable copyright laws. This license gives you no right to such content.
4. COMMERCIAL VERSION.
OZ currently intends to distribute a commercial version of the Software. However, OZ reserves the right at any time not to release a commercial version of the Software or, if released, to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the commercial version.
5. DISCLAIMER OF WARRANTIES.
OZ makes no representations about the suitability of the Software or about any content or information made accessible by use of the Software, for any purpose. The Software is provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties of performance, merchantability, fitness for a particular purpose and non-infringement or any other warranties, express or implied. The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communications systems, air traffic control, direct life support machines and weapons systems, in which a failure of the system could lead directly to death, personal injury or severe physical or environmental damage. OZ specifically disclaims any express or implied warranty that the Software is fit for any such use.
6. LIMITATION OF LIABILITY.
The Software is being given to you free of charge and, therefore, OZ shall not be liable under any theory for any damages suffered by you or any user of the Software. OZ will not support or issue any update to this Software. OZ SHALL NOT BE LIABLE FOR (a) INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES OF ANY SORT, WHETHER ARISING IN TORT, CONTRACT OR OTHERWISE, EVEN IF OZ HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR (b) FOR ANY CLAIM BY ANY OTHER 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 U.S. STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
7. EXPORT.
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 or Syria 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 accepting this license, you are agreeing to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
8. GENERAL.
This license is personal to you and you agree not to assign your rights or obligations herein. This license is governed by the laws of the State of California and, as to matters affecting copyrights, trademarks and patents, by U.S. federal law. This license sets forth the entire agreement between you and OZ.
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OZ Interactive, the OZ logo, OZ Virtual and the OZ Virtual logo are trademarks of OZ Interactive, Inc.
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Consider using for U.S. Government:
9. U.S. GOVERNMENT USERS.
Use, duplication or disclosure by the U.S. Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer - Restricted Rights clause of 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 OZ Interactive, Inc., 525 Brannan Street, San Francisco, CA 94107.
