READ THESE TERMS CAREFULLY BEFORE USING THE CONTENT DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE CONTENT AND IF YOU ARE THE ORIGINAL PURCHASER OF THE CONTENT YOU SHOULD RETURN THE CONTENT, UNUSED, TOGETHER WITH ALL PRINTED MATERIALS, TO THE PLACE WHERE YOU PURCHASED IT FOR A FULL REFUND.
YOUR INSTALLATION OR USE OF THE CONTENT INDICATES YOUR ACKNOWLEDGEMENT THAT YOU HAVE READ AND ACCEPTED THESE TERMS AND CONDITIONS.
This agreement is between you and Versaware Inc. ("VERSAWARE ").
Use of the software, content or other material contained therein (collectively, the Content) is permitted only in accordance with the terms of this License Agreement. If you accept the terms of this License Agreement you may use the Content and upon such acceptance, Versaware grants to you the limited non-exclusive license specified herein. If you do not agree to the terms of this License Agreement you may not use the Content.
LICENSE:
Subject to the conditions contained herein, Versaware grants to you a limited, non-exclusive, non-transferable license to use one copy of the Content, which may include electronic documentation, on a single computer/workstation. The Content is "in use" on a computer when it is loaded into the temporary memory (i.e., RAM) or installed into permanent memory (e.g., hard disk, CD-ROM drive, or other storage device) of that computer. You may not use the Content on or over a network or any other transfer device without each concurrent user having an original copy of the Content and its documentation. You may either make one copy of the Content solely for backup or archival purposes or transfer the Content to a single hard disk provided you keep the original solely for backup or archival purposes.
All such activity is for your personal, non-commercial and informational use only and may be carried out only if you keep intact all copyright, trademark and other proprietary notices.
PROPRIETARY RIGHTS:
All Content made available to you is the copyrighted work of Versaware, its subsidiaries and affiliates and/or their licensors. Content ownership is retained by Versaware, its subsidiaries, affiliates, and/or their licensors, and is the sole and exclusive property of such entities. All rights not explicitly granted to you under this Agreement, whether now existing or which may hereafter come into existence, including without limitation, print or electronic publication in all media and formats, and the right to make any derivatives thereof, are reserved to Versaware its subsidiaries and affiliates and/or their licensors.
RESTRICTIONS ON USE OF THE CONTENT:
You hereby undertake that you will not engage in any of the following: (i) the copying of the Content, except as expressly specified in the grant of license above; (ii) the reproducing, republishing, uploading, posting or transmitting, in any way, of any portion of the Content; (iii) the modifying, reverse-engineering, disassembling, reverse-assembling or decompiling of the Content, for any reason whatsoever, or of otherwise attempting to derive source code from the Content; (iv) the selling, sublicensing, transferring, assigning, leasing, loaning, marketing, distributing, or otherwise granting to any other party of any rights in respect of the Content; and (v) the removing of any proprietary marks, notices, legends, or copyright notices from the Content.
INDEMNIFICATION:
You agree to indemnify, defend and hold Versaware, and all of its officers, directors, owners, agents, employees, information providers, affiliates, subsidiaries, licensors and licensees (collectively, "the Indemnified Parties") harmless from and against any and all liability and costs, including, without limitation, attorneys' fees, incurred by the Indemnified Parties in connection with any claim, damage or inconvenience arising out of or related to your use of the content or any breach by you of the terms and conditions herein. You shall cooperate fully in the defense of any claim against any Indemnified Party. Versaware reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you without relieving you of your indemnification obligation. In no event shall any matter related hereto be settled without the written consent of Versaware.
WARRANTY DISCLAIMERS:
Versaware warrants that the media on which the Content is distributed are free from defects in materials and workmanship for a period of ninety (90) days from the time of receipt.
VERSAWARE DISCLAIMS ANY OTHER EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE CONTENT AND ANY THIRD-PARTY SITES AND ANY GOODS, SERVICES OR CONTENT YOU RECEIVE THEREFROM. VERSAWARE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Versaware makes no representations or warranties regarding the results of the use of the Content in terms of correctness, accuracy, reliability or otherwise. You (and not Versaware) assume the entire cost of all necessary servicing, repair or correction.
LIMITATION OF LIABILITY:
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL VERSAWARE, ITS SUBSIDIARIES, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, DIRECT OR INDIRECT DAMAGES OR OTHER DAMAGES ARISING OUT OF OR RELATED TO, IN ANY WAY, YOUR USE, INABILITY TO USE, RELIANCE ON OR INTERRUPTION IN USE OF THE CONTENT AND ANY GOODS, SERVICES OR CONTENT YOU RECEIVE THEREFROM EVEN IF VERSAWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE CONTENT IS TO STOP USING THE CONTENT. CERTAIN JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; ACCORDINGLY, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
LINKS TO SITES:
You acknowledge that any links to third-party Web sites from the Content, or references to third-party goods, services, resources or sponsors by the Content, do not constitute any endorsement or representation of any kind by Versaware as to their content or quality.
You acknowledge that Versaware neither owns, nor is responsible for the contents of, or goods or services purchased on, any third-party Web site you access through the Content. You acknowledge and agree that your use of any third-party site or reliance upon any content thereon, or the purchase or use of any goods or services therefrom, is at your sole risk.
You acknowledge that your access to third-party Web sites through the Content is subject to the third-party site's terms and conditions, and that Versaware makes no representations as to the accessibility of any third-party site, nor does Versaware assume any responsibility of any kind related to any transactions, reliance or use by you on any third-party site.
U.S. EXPORT ISSUES:
No Content may be used or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, 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.
TERMINATION:
This agreement will terminate immediately without notice from Versaware if, in Versaware's sole discretion, you fail to comply with any term or provision of this Agreement. Upon termination, you must destroy all Content.
MISCELLANEOUS:
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law.
Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement shall be in an appropriate state or federal court located in the State of New York.
Any cause of action that you may have with respect to your use of the Content must be commenced within one (1) year after the claim or cause of such action arises. If, for any reason, a court of competent jurisdiction finds any term or condition in any provision herein to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the original intent thereof, and the remaining terms and conditions shall continue in full force and effect.
The terms and conditions herein constitute the entire agreement between Versaware and you relating to the subject matter herein and shall not be modified except in writing, signed by Versaware and you.
Verity is a worldwide trademark of Verity Inc, registered in the US and numerous other countries.
Software program ⌐ 1999 Versaware Inc. and its licensors. All rights reserved. Versabook, Library Builder, Library of the 21st Century, VersabookStore and Home Digital Library are registered trademarks or trademarks of Versaware Inc. All other trademarks are the property of their respective owners.
Microsoft and the Microsoft Internet Explorer logo are registered trademarks or trademarks of Microsoft Corporation in the United States and/or other countries.
Macintosh, QuickTime and the QuickTime logo are registered trademarks of Apple Computer, Inc. Used under license.
Shockwave (TM) Copyright⌐ 1995-1998 Macromedia, Inc. All Rights Reserved. Shockwave is a trademark of Macromedia, Inc.
