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IDR_LEGAL
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2001-07-26
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307 lines
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.