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- END USER LICENSE AGREEMENT
-
- - REDISTRIBUTION NOT PERMITTED -
-
- ATTENTION:
- THIS IS A LICENSE NOT A SALE. THIS PRODUCT IS
- PROVIDED UNDER THE FOLLOWING LICENSE
- WHICH DEFINES WHAT YOU MAY DO WITH THE
- PRODUCT, AND CONTAINS LIMITATIONS ON
- WARRANTIES AND/OR REMEDIES. THIS LICENSE IS
- LIMITED, IS NON-EXCLUSIVE AND IS GRANTED BY
- PROLIFIC PUBLISHING INC. FOR PRODUCTS
- PURCHASED IN THE UNITED STATES.
-
- BY CLICKING ON THE "ACCEPT" BUTTON OR USING
- THE ENCLOSED PROGRAM, YOU ARE
- CONSENTING TO BE BOUND BY THIS AGREEMENT.
- IF YOU DO NOT AGREE TO ALL OF THE TERMS OF
- THIS AGREEMENT, CLICK THE "DO NOT ACCEPT"
- BUTTON AND THE INSTALLATION PROCESS WILL
- NOT CONTINUE. IF YOU HAVE ALREADY PAID FOR
- THE PRODUCT BUT HAVE NOT USED IT, RETURN
- THE PRODUCT TO THE PLACE OF PURCHASE FOR
- A FULL REFUND OR RETURN IT BY MAIL TO:
- PROLIFIC PUBLISHING, INC., P.O. BOX 5000
- BURBANK, CA 91508-5000 FOR A FULL REFUND.
-
- 1. LICENSE.
-
- The VIEWGADGET Software, and any related
- documentation accompanying this License (the
- "Software"), is the property of Prolific Publishing, Inc.,
- ("Prolific") as the worldwide licensor of all rights from the
- copyright owner, SILENT SOFTWARE, INC., and is
- protected by copyright law. Upon your acceptance of
- this License, your rights and obligations with respect to
- the use of this Software are as follows:
-
- YOU MAY:
-
- (i) use one copy of the Software on a single computer.
-
- (ii) use the Software on a second computer provided
- that only one copy of the Software is in use at any time.
-
- (iii) make one copy of the Software in machine-
- readable form for backup (archival) purposes only. You
- must reproduce on such copy Silent Software, Inc.'s
- copyright notice and any other proprietary legends that
- were on the original copy of the Software.
-
- (iv) transfer all your license rights in the Software,
- together with the backup copy of the Software, the
- related documentation and a copy of this License to
- another party, provided the other party reads and agrees
- to accept the terms and conditions of this License, and
- that you do not keep the original or any copies of the
- Software.
-
- (v) use the Software on a network provided that you
- have a licensed copy of the Software for each computer
- that can access the Software over that network.
-
- 2. RESTRICTIONS.
-
- The Software contains copyrighted material, trade
- secrets and other proprietary material. In order to protect
- them, and except as permitted above or by applicable
- legislation:
-
- YOU MAY NOT:
-
- (i) convert, modify, translate, reverse engineer,
- decompile, disassemble (except to the extent applicable
- laws specifically prohibit such restriction), or create
- derivative works based on the Software.
-
- (ii) modify, network, rent, lend, loan, distribute or
- create derivative works based upon the Software in
- whole or in part;
-
- (iii) use a previous version of the Software after you
- have received an upgraded revision of the Software as a
- replacement for the prior version through a promotion
- offering advantages to upgrade or transfer or assign such
- previous version of the Software to another;
-
- (iv) permit other individuals to use the Software except
- under the terms listed above;
-
-
- (v) reduce the Software to a human- perceivable form
- in any manner or through any process;
-
-
- (vi) transfer, license, rent, lease, grant a security
- interest in, or otherwise transfer rights to the Software; or
-
- (vii) remove any proprietary notices or labels on the
- Software.
-
- 3. TITLE:
-
- Title, ownership rights, and intellectual property rights in
- the Software shall remain in Prolific. The Software is
- protected by all applicable copyright laws and treaties.
- Title and related rights in the content accessed through
- the Software is the property of the applicable content
- owner and may be protected by applicable law. This
- License gives you no rights to such content.
-
- 4. TERMINATION.
-
- This License is effective until terminated. You may
- terminate this License at any time by destroying the
- Software, related documentation and all copies thereof.
- This License will terminate immediately without notice
- from Prolific, if you fail to comply with any provision of
- this License. Upon termination you must destroy the
- Software, related documentation and all copies thereof.
-
- 5. EXPORT CONTROLS.
-
- You agree and certify that neither the Software nor any
- other technical data received from Prolific, nor the direct
- product thereof, will be exported outside the United
- States except as authorized and as permitted by the laws
- and regulations of the United States. If the Software has
- been rightfully obtained by you outside of the United
- States, you agree that you will not re-export the Software
- nor any other technical data received from Prolific, nor
- the direct product thereof, except as permitted by the
- laws and regulations of the United States and the laws
- and regulations of the jurisdiction in which you obtained
- the Software. By downloading or using the Software, you
- are agreeing to the foregoing and you are representing
- that you are not causing a violation of such laws or
- regulations.
-
- In addition, if the licensed Software is identified as a
- not-for-export product (for example, on the box, on the
- media or in the installation process), then the following
- applies: EXCEPT FOR EXPORT TO CANADA, FOR
- USE IN CANADA BY CANADIAN CITIZENS, THE
- SOFTWARE AND ANY UNDERLYING TECHNOLOGY
- MAY NOT BE EXPORTED OUTSIDE THE UNITED
- STATES OR TO ANY FOREIGN ENTITY OR "FOREIGN
- PERSON" AS DEFINED BY U.S. GOVERNMENT
- REGULATIONS, INCLUDING WITHOUT LIMITATION,
- ANYONE WHO IS NOT A CITIZEN, NATIONAL OR
- LAWFUL PERMANENT RESIDENT OF THE UNITED
- STATES. BY DOWNLOADING OR USING THE
- SOFTWARE, YOU ARE AGREEING TO THE
- FOREGOING AND YOU ARE WARRANTING THAT
- YOU ARE NOT A "FOREIGN PERSON" OR UNDER
- THE CONTROL OF A FOREIGN PERSON.
-
- 6. U.S. GOVERNMENT RESTRICTED RIGHTS.
-
- Use, duplication or disclosure by the Government is
- subject to restrictions, as amended, as set forth in (i) this
- Agreement for all licenses and, insofar as they do not
- conflict with the terms of this Agreement, (ii) with the
- restrictions as 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, or at 252.211-
- 7015, or to Licensor's standard commercial license, as
- applicable, and in similar clauses in the NASA FAR
- Supplement. Contractor/manufacturer is a software
- publisher: Prolific Publishing, Inc., Prolific Publishing, Inc.
- P.O. BOX 5000 BURBANK, CA 91508-5000.
-
- 7. DISCLAIMER OF WARRANTY.
-
- You expressly acknowledge and agree that use of the
- Software is at your sole risk. The Software and related
- documentation are provided "AS IS" and without warranty
- of any kind and PROLIFIC EXPRESSLY DISCLAIMS
- ALL WARRANTIES, EXPRESS AND/OR IMPLIED,
- INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
- WARRANTIES OF MERCHANTABILITY, OF TITLE, OF
- NON-INFRINGEMENT AND OF FITNESS FOR A
- PARTICULAR PURPOSE. PROLIFIC DOES NOT
- WARRANT THAT THE FUNCTIONS CONTAINED IN
- THE SOFTWARE WILL MEET YOUR REQUIREMENTS,
- OR THAT THE OPERATION OF AND YOUR USE OF
- THE SOFTWARE WILL BE UNINTERRUPTED OR
- ERROR-FREE, OR THAT DEFECTS IN THE
- SOFTWARE WILL BE CORRECTED. IN ADDITION,
- THE SECURITY MECHANISMS, IF ANY,
- IMPLEMENTED IN THE SOFTWARE HAVE INHERENT
- LIMITATIONS AND THE COPY-PROTECTION
- SCHEME UTILIZED, IF ANY, MAY CAUSE
- INCONVENIENCE, INTERRUPTION OR DELAYS IN
- USE. THE ENTIRE RISK AS TO THE RESULTS AND
- PERFORMANCE OF THE SOFTWARE IS ASSUMED
- BY YOU. FURTHERMORE, PROLIFIC DOES NOT
- WARRANT OR MAKE ANY REPRESENTATIONS
- REGARDING THE USE OR THE RESULTS OF THE
- USE OF THE SOFTWARE OR RELATED
- DOCUMENTATION IN TERMS OF THEIR
- CORRECTNESS, ACCURACY, RELIABILITY,
- CURRENTNESS, OR OTHERWISE. NO ORAL OR
- WRITTEN INFORMATION OR ADVICE GIVEN BY
- PROLIFIC OR PROLIFIC'S AUTHORIZED
- REPRESENTATIVE SHALL CREATE A WARRANTY
- OR IN ANY WAY INCREASE THE SCOPE OF THE
- WARRANTY. SHOULD THE SOFTWARE PROVE
- DEFECTIVE, YOU (AND NOT PROLIFIC OR
- PROLIFIC'S AUTHORIZED REPRESENTATIVE)
- ASSUME THE ENTIRE COST OF ALL NECESSARY
- SERVICING, REPAIR AND/OR CORRECTION. SOME
- JURISDICTIONS DO NOT ALLOW THE EXCLUSION
- OF IMPLIED WARRANTIES, SO THE ABOVE
- EXCLUSION AND/OR LIMITATIONS MAY NOT APPLY
- TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH
- VARY FROM STATE TO STATE.
-
- 8. LIMITATION OF LIABILITY.
-
- UNDER NO CIRCUMSTANCES, INCLUDING BUT
- NOT LIMITED TO NEGLIGENCE AND REGARDLESS
- OF WHETHER ANY REMEDY SET FORTH IN THIS
- LICENSE FAILS OF ITS ESSENTIAL PURPOSE,
- NEITHER PROLIFIC, NOR ITS DIRECTORS,
- OFFICERS, EMPLOYEES, ATTORNEYS OR AGENTS,
- SHALL BE LIABLE TO YOU FOR ANY INCIDENTAL,
- INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES
- (INCLUDING DAMAGES FOR LOSS OF BUSINESS
- PROFITS, BUSINESS INTERRUPTION, LOSS OF
- BUSINESS INFORMATION, AND THE LIKE) ARISING
- OUT OF THE USE, MISUSE OR INABILITY TO USE
- THE SOFTWARE OR RELATED DOCUMENTATION,
- EVEN IF PROLIFIC OR PROLIFIC'S AUTHORIZED
- REPRESENTATIVE HAS BEEN ADVISED OF THE
- POSSIBILITY OF SUCH DAMAGES. SOME
- JURISDICTIONS DO NOT ALLOW THE LIMITATION
- OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
- CONSEQUENTIAL DAMAGES, SO THE ABOVE
- LIMITATION OR EXCLUSION MAY NOT APPLY TO
- YOU.
-
- IF PROLIFIC SHALL BE DETERMINED TO HAVE
- LIABILITY NOTWITHSTANDING THE DISCLAIMERS
- AND LIMITATIONS SET FORTH IN THIS AGREEMENT,
- THEN LICENSOR'S SOLE LIABILITY FOR ANY
- BREACH OF THIS WARRANTY SHALL BE, IN
- LICENSOR'S SOLE DISCRETION: (i) TO REPLACE
- YOUR DEFECTIVE MEDIA OR SOFTWARE; 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. IN
- NO EVENT SHALL PROLIFIC'S TOTAL LIABILITY TO
- YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF
- ACTION (WHETHER IN CONTRACT, TORT
- (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE)
- OR OTHERWISE) EXCEED THE AMOUNT PAID BY
- YOU FOR THE SOFTWARE.
-
- 9. HIGH RISK ACTIVITIES.
-
- The Software is not fault-tolerant and is not designed,
- manufactured or intended for use or resale as on-line
- control equipment in hazardous environments requiring
- fail-safe performance, such as in the operation of nuclear
- facilities, aircraft navigation or communication systems,
- air traffic control, direct life support machines, or
- weapons systems, in which the failure of the Software
- could lead directly to death, personal injury, or severe
- physical or environmental damage ("High Risk
- Activities"). Licensor and its suppliers specifically disclaim
- any express or implied warranty of fitness for High Risk
- Activities.
-
- 10. CONTROLLING LAW AND SEVERABILITY.
-
- This License shall be governed by the construed in
- accordance with the laws of the United States and the
- State of California, as applied to agreements entered into
- and to be performed entirely within California between
- California residents. If for any reason a court of
- competent jurisdiction finds any provision of this License
- or portion thereof, to be unenforceable, that provision of
- the License shall be enforced to the maximum extent
- permissible so as to effect the intent of the parties, and
- the remainder of this License shall continue in full force
- and effect.
-
- 11. COMPLETE AGREEMENT.
-
- This License constitutes the entire agreement between
- the parties with respect to the use of the Software and
- the related documentation, and supersedes all prior or
- contemporaneous understandings or agreements, written
- or oral, regarding such subject matter. No amendment to
- or modification of this License will be binding unless in
- writing and signing by a duly authorized representative of
- PROLIFIC.
-
-
-