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LICENSE
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2000-02-17
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END USER LICENSE AGREEMENT
IMPORTANT NOTICE:
Read Before Installing or Using This Software.
This End User License Agreement (the "Agreement") is a legal agreement
between you and Planet-Intra.Com Ltd. ("Planet-Intra") regarding the
Planet-Intra.Com Ltd.(r) Planet-Intra product and related explanatory
materials ("Software"). The term "Software" also shall include any
upgrades, modified versions or updates of the Software licensed to
you by Planet-Intra.Com Ltd. BY INSTALLING THIS SOFTWARE, YOU ACCEPT
ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU ARE UNABLE OR
UNWILLING TO AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL THE
SOFTWARE (IF APPLICABLE, YOU MAY RETURN THE PRODUCT FOR A FULL REFUND).
Upon your acceptance of this Agreement, Planet-Intra grants to you a
nonexclusive license to use the Software, provided that you agree to the
following:
1. Use of the Software
You may install the Software on a hard disk or other storage device; install
and use the Software on one file server for use on a private network solely
for internal business purposes. If the Software is a DEMO VERSION, then (i)
you may use the Software for no longer then 50 days after installation to
server, after which time you may purchase the Software by contacting
Planet-Intra or one of it's appointed agents, or you must immediately cease
all use of the Software; (ii) during the 50 days of use, you must keep the
DEMO VERSION wallpaper clearly visible on the HOME PAGE and you may not
remove or tamper with such wallpaper. If you decide to purchase a license,
you must pay in full the price advertised by Planet-Intra for the license
and Planet-Intra will provide an approved license for use. The right to use
the DEMO VERSION may be cancelled by Planet-Intra at any time as it sees
fit, with no obligation by Planet-Intra.
Each license has a limit on the total amount of users. You will only allowed
to have the maximum users accessing the product as agreed when ordering the product.
2. Copyright and Trademark Rights
The Software is owned by Planet-Intra, and its structure, organization and
code are the valuable trade secrets of Planet-Intra and its suppliers. The
Software is protected by United States Copyright Law and International
Treaty provisions. Any copy of the Software you make for backup purposes
must include all of the copyright and other proprietary rights notices on
the original version of the Software. You may use trademarks only in so far
as required to comply with this Agreement and to identify printed output
produced by the Software, in accordance with Planet-Intra's accepted trademark
practice, as provided by Planet-Intra from time to time, including without
limitation, identification of trademark owner's name. Such use of any
trademark does not give you any rights of ownership in that trademark.
Except as stated above, this Agreement does not grant you any intellectual
property rights in the Software.
3. Restrictions
You agree not to modify, or create derivative works based on the Software.
You may not adapt, translate, reverse engineer, decompile, disassemble or
otherwise attempt to discover the source code of the Software, except to the
extent the foregoing restrictions are expressly prohibited by applicable law
despite this restriction. The Software is licensed and distributed by
Planet-Intra.Com for viewing, distributing and sharing files and general information.
You are not allowed to rent, lease or resell the Software or any services in
conjunction with the Software unless expressly granted this right by Planet-Intra.
4. No Warranty
The Software is being delivered to you AS IS and Planet-Intra makes no warranty
as to its use or performance. PLANET-INTRA DOES NOT AND CANNOT WARRANT THE
PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION.
PLANET-INTRA MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT
OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
Some states or jurisdictions do not allow the exclusion of implied warranties
or limitations on how long an implied warranty may last, so the foregoing
limitations may not apply to you.
5. Exclusion of Damages IN NO EVENT WILL PLANET-INTRA OR ITS SUPPLIERS BE
LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING
ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST DATA OR LOST SAVINGS ARISING
OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF PLANET-INTRA HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY
THIRD PARTY. IN NO EVENT SHALL PLANET-INTRA'S TOTAL LIABILITY TO YOU FOR
ALL DAMAGES HEREUNDER EXCEED THE AMOUNT PAID BY YOU HEREUNDER. Some states
or jurisdictions do not allow the exclusion or limitation of incidental,
consequential or special damages, so the above limitations may not apply to you.
6. Export Restrictions
You may not export, re-export, or download the Software in violation of the
Export Administration Regulations issued by the Department of Commerce,
Bureau of Export Administration, the Export Administration Act of 1979 (as amended),
or any other United States laws or regulations. By installing the Software, you
represent and warrant that you are not located in, a national resident of,
or under the control of any national or resident of any country to which the
United States has embargoed goods or to which export of encryption items is
otherwise prohibited.
7. Governing Law and General Provisions This Agreement will be governed by
the laws of the State of California, U.S.A., excluding the application
of its conflict of laws rules. The federal and state courts within the State
of California shall have exclusive jurisdiction to adjudicate any dispute
arising out of this Agreement, and you hereby expressly consent to the personal
jurisdiction of the federal and state courts within California. This Agreement
will not be governed by the United Nations Convention on Contracts for the
International Sale of Goods, the application of which is expressly excluded.
This Agreement is the entire agreement between you and Planet-Intra and
supersedes any other communications or advertising with respect to the Software.
If any part of this Agreement is found void and unenforceable, it will not
affect the validity of the balance of the Agreement, which shall remain valid
and enforceable according to its terms. This Agreement shall automatically
terminate upon failure by you to comply with its terms. You may terminate
this Agreement at any time by destroying all copies of the Software in your
possession. This Agreement may only be modified in writing signed by an
authorized officer of Planet-Intra.
8. Notice to Government
End Users If the Software is licensed to the United States government or
any agency thereof, then the Software and any Accompanying documentation
will be deemed to be "commercial computer software" and "commercial computer
software documentation," respectively, pursuant to DFAR Section 227.7202 and
FAR Section 12.212, as applicable. Any use, reproduction, release, performance,
display or disclosure of the Software by the U.S. Government will be governed
solely by the terms of this Agreement and are prohibited except to the extent
expressly permitted by the terms of this Agreement.
9. This product has patents pending.
YOUR ACCEPTANCE OF THE FOREGOING AGREEMENT WAS INDICATED DURING INSTALLATION.
Should you have any questions concerning this Agreement, or if you desire
to contact Planet-Intra for any reason, please call: (800) 997 1515, or
international (650) 210 0230 or by email at sales@Planet-Intra.Com.