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31License.txt
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WINPROXY LICENSE AGREEMENT
1. NOTICE. READ THIS AGREEMENT CAREFULLY. OSITIS SOFTWARE
IS WILLING TO LICENSE THE SOFTWARE TO YOU ONLY ON THE
CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN
THIS END-USER LICENSE AGREEMENT. YOU ACCEPT AND AGREE TO
BE BOUND BY THIS LICENSE AGREEMENT BY CLICKING THE ICON
LABELED "I ACCEPT" THAT IS DISPLAYED BELOW. IF YOU DO NOT
AGREE TO THIS LICENSE, CLICK THE ICON LABELED "CANCEL," IN
WHICH CASE THE INSTALLATION WILL BE CANCELED. PROMPTLY
RETURN THE UNUSED SOFTWARE AND ALL ACCOMPANYING MATERIALS,
ALONG WITH PROOF OF PAYMENT, TO THE AUTHORIZED DEALER FROM
WHOM YOU OBTAINED IT FOR A FULL REFUND OF THE PRICE YOU
PAID.
2. OWNERSHIP AND LICENSE. This is a non-exclusive license
agreement and NOT an agreement for sale, concerning the use
of WinProxy. Ositis Software and its licensors continue to
own the copy of the computer programs, documentation, data,
and other content provided to you, and all other copies
that you are authorized by this Agreement to make (the
"Software"). Your rights to use the Software are specified
in this Agreement, and Ositis Software retains all rights
not expressly granted to you in this Agreement. Nothing in
this Agreement constitutes a waiver of Ositis Software's
rights under U.S. or international copyright law or any
other federal or state law. All content accessed through
the Software is the property of the applicable content
owner and may be protected by applicable copyright law.
This license gives you no rights to such content.
3. PERMITTED USES. You are granted the following rights to
the Software: (a) Right to Install and Use. You may
install the Software on one computer connected to one local
area network. The Software is "installed" on a computer
when it is placed on a computer's hard disk or other
secondary storage device. The Software is "in use" on a
computer when it is executed or loaded into the computer's
RAM or other primary memory. Notwithstanding the
foregoing, no more than 250 clients on the local area
network may have access to the anti-virus protection
portions of the Software and accordingly, you shall disable
such portions if more than 250 clients have access to the
Software. If you install the Software on additional
computers, or on more than one local area network, you must
acquire additional licenses. (b) Right to Copy. You may
copy the Software for back- up and archival purposes only,
provided that the original is kept in your possession and
that your installation and use of the Software does not
exceed that allowed in the "Right to Install and Use"
section above.
4. PROHIBITED USES. You may not, without written
permission from Ositis Software: (a) Use, copy, modify,
merge, or transfer copies of the Software except as
expressly authorized in this Agreement; (b) Use any back-
up or archival copies of the Software (or allow someone
else to use such copies) for any purpose other than to
replace an original copy if it is destroyed or becomes
defective; (c) Disassemble, decompile or "unlock,"
reverse translate, or in any manner decode the Software for
any reason (except as expressly permitted by applicable
law); (d) Place the Software onto a server so that it is
accessible via a public network such as the Internet; or
(e) Sublicense, lease, or rent the Software.
5. LIMITED WARRANTY. (a) Limited Warranty. Ositis
Software warrants that, for thirty (30) days from the date
you acquired it from us or our authorized dealers (1) the
Software will perform substantially in accordance with the
user documentation accompanying the Software, and (2) the
media on which the Software is provided to you will be free
from defects in materials and workmanship under normal use
and service. (b) Exclusive Remedies. Ositis Software's
entire liability and your sole and exclusive remedy for
breach of the foregoing warranty shall be, at our option,
to either (1) return the price you paid for the software,
or (2) repair or replace the Software or media that does
not meet the foregoing limited warranty if it is returned
to us with a copy of your receipt. This limited warranty
is void if failure of the Software is caused by accident,
abuse, or violation of this license agreement. Any
replacement Software will be warranted as above for the
remainder of the original warranty period or thirty (30)
days from the date we ship it to you, whichever is longer.
(c) Warranty Disclaimer. OSITIS SOFTWARE DOES NOT WARRANT
THAT THIS SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT ITS
OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE
EXTENT ALLOWED BY LAW, WE EXPRESSLY DISCLAIM ALL EXPRESS
WARRANTIES NOT STATED HERE AND ALL IMPLIED WARRANTIES,
INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. 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") OSITIS SOFTWARE SPECIFICALLY
DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR
HIGH RISK ACTIVITIES. IF THIS SOFTWARE QUALIFIES AS A
"CONSUMER PRODUCT" UNDER THE MAGNUSON-MOSS WARRANTY ACT,
ANY IMPLIED WARRANTIES ARE LIMITED TO THIRTY (30) DAYS FROM
THE DATE YOU ACQUIRED THE SOFTWARE FROM OSITIS SOFTWARE OR
FROM OUR AUTHORIZED DEALER, AND THEREAFTER ANY IMPLIED
WARRANTIES ARE EXPRESSLY DISCLAIMED. SOME STATES DO NOT
ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. This limited
warranty gives you specific legal rights, and you may also
have other legal rights which vary from State to State.
6. LIMITATION OF LIABILITY. OSITIS SOFTWARE'S (INCLUDING
OSITIS SOFTWARE'S LICENSORS) LIABILITY TO YOU FOR ANY
LOSSES SHALL BE LIMITED TO DIRECT DAMAGES AND SHALL NOT
EXCEED THE AMOUNT YOU ORIGINALLY PAID FOR THE SOFTWARE. IN
NO EVENT WILL OSITIS SOFTWARE OR ITS LICENSORS BE LIABLE TO
YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL
DAMAGES (INCLUDING LOSS OF PROFITS), EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY TO YOU.
7. UNITED STATES GOVERNMENT RESTRICTED RIGHTS. This
section applies to all acquisitions of the Software by or
for the federal government. By accepting delivery of the
Software, the government hereby agrees that the Software
qualifies as "commercial" computer software as that term
is used in the acquisition regulations applicable to this
procurement and that the government's use and disclosure of
the Software is controlled by the terms and conditions of
this Agreement to the maximum extent possible. This
Agreement supersedes any contrary terms or conditions in
any statement of work, contract, or other document that are
not required by statute or regulation. If any provision of
this Agreement is unacceptable to the government, Vendor
may be contacted at Ositis Software, 6120 Stoneridge Mall
Drive, Suite 210, Pleasanton, CA 94588, (925) 225-8900. If
any provision of this Agreement violates applicable federal
law or does not meet the government's actual, minimum
needs, the government agrees to return the unused Software
for a full refund. The following statement applies only to
procurements governed by DFARS Part 227.4 (OCT 1988): The
enclosed Software is provided with Restricted Rights --
Use, duplication, or disclosure by the U.S. Government or
any of its agencies or instrumentalities is subject to
restrictions as set forth in subparagraph (c)(1)(ii) [or
(i)] of the Rights in Technical Data and Computer Software
clause at DFARS 252.227-7013 (OCT 1988). Contractor
Manufacturer is Ositis Software, 6120 Stoneridge Mall
Drive, Suite 210, Pleasanton, CA 94588.
8. EXPORT CONTROLS. You acknowledge that the Software is
subject to the export control laws and regulations of the
United States and any amendments thereof. You agree that
you will not directly or indirectly transfer the Software
except in compliance with all applicable U.S. export laws
and regulations.
9. TERMINATION. This Agreement is effective until
terminated. You may terminate this Agreement at any time
by destroying all copies of the Software in your possession
or by returning all such copies to Ositis Software. This
Agreement and your right to use this Software automatically
terminate if you fail to comply with any material provision
of this Agreement. Your license to use this Software also
terminates if you assign this Agreement to someone else.
Upon termination, you must stop all use of the Software and
must destroy any copies that remain in your possession.
Otherwise, the restrictions on your rights to use the
Software will end upon expiration of the copyright to the
Software.
10. MISCELLANEOUS PROVISIONS. This Agreement will be
governed by and construed according to the substantive laws
of California [and not by the 1980 United Nations
Convention on Contracts for the International Sale of
Goods, as amended]. This is the entire agreement between
us relating to the Software and supersedes any prior
purchase order, communication, advertising, or
representation concerning the Software. No change or
modification of this Agreement will be valid unless it is
in writing and is signed by Ositis Software. Canadian
Transactions: If you acquired this Software in Canada, you
agree to the following: The parties hereto have expressly
required that the present Agreement and its Exhibits be
drawn up in the English language./ Les parties aux
presentes ont expressement exige que la presente
convention et ses Annexes soient redigees en langue
anglaise. If you have any questions about this Agreement,
write to us at Ositis Software, 6120 Stoneridge Mall Drive,
Suite 210, Pleasanton, CA 94588 or call us at (925) 225-
8900.