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c't freeware shareware 1998 January
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CT_SW9801.ISO
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blaxxunc.exe
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USERSETUP_LANGINDOSIND
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license.txt
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1998-04-30
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6KB
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204 lines
SOFTWARE LICENSE AGREEMENT
BLAXXUN CCPRO
1. LICENSE.
Subject to the provisions contained herein, blaxxun interactive, Inc. ("blaxxun") grants to you a
non-exclusive, non transferable license to use the object code version of blaxxun CCpro
(the "Software") free of charge for a limited time if your use of the Software is for the purpose
of evaluating whether to purchase an ongoing license to use the Software.
You may use the Software on any single computer or copy the Software for archival purposes,
provided any copy must contain all of the original Software's proprietary notices.
2. PROVIDED "AS IS".
BLAXXUN MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE
SOFTWARE OR ABOUT ANY CONTENT OR INFORMATION MADE ACCESSIBLE
BY THE SOFTWARE, FOR ANY PURPOSE. THE SOFTWARE IS PROVIDED 'AS IS'
WITHOUT EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF
MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE OR
NONINFRINGEMENT OF THIRD PARTY RIGHTS. THIS SOFTWARE IS PROVIDED
GRATUITOUSLY AND, ACCORDINGLY, BLAXXUN SHALL NOT BE LIABLE
UNDER ANY THEORY OR ANY DAMAGES SUFFERED BY YOU OR ANY USER OF
THE SOFTWARE. BLAXXUN WILL NOT SUPPORT THIS SOFTWARE AND WILL
NOT ISSUE UPDATES TO THIS SOFTWARE.
3. LIMITATIONS.
You may not:
1.permit other individuals to use the Software except under the terms listed above;
2.modify, translate, reverse engineer, decompile, disassemble (except to the extent
applicable laws specifically prohibit such restriction), or create derivative works
based on the Software;
3.copy the Software other than as specified above;
4.publish or provide any results of benchmark tests run on the Software to a third party
without blaxxun's prior written consent;
5.rent, lease, grant a security interest in, or otherwise transfer rights to the Software; or
6.provide access to the Software by more than one concurrent user of the Software at any time.
4. TITLE.
Title and ownership of all proprietary rights in the Software, including any copyright,
patent, trade secret, trademark, trade name or other intellectual property right, will at all
times remain the property of blaxxun or its licensors and suppliers. You agree not to
remove or obliterate any copyright, trademark or proprietary rights notices of blaxxun
or the blaxxun licensors from the Software.
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.
If you receive your first copy of the Software electronically and a second copy on
media, the second copy may be used only for backup and archival purposes.
5. COMMERCIAL RELEASE.
While blaxxun intends to distribute a commercial release of the Software, blaxxun
reserves the right at any time not to release a commercial release of the Software or, if
released, to alter prices, features, specifications, capabilities, functions, licensing terms,
release dates, general availability or other characteristics of the commercial release.
6. EXPORT CONTROLS.
You may not download or otherwise export or re-export any of the Software or underlying
information or technology except in full compliance with all United States and other
applicable laws or regulations. In particular, but without limitation, none of the software or
underlying information or technology may be downloaded or otherwise exported or
re-exported (i) into (or to a national or resident of) any 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 Denial Orders. By
downloading or using the Software, you are agreeing to the foregoing and are
representing and warranting that you are not located in, under the control of, or a
national or resident of any such country or on any such list.
7. LIMITATION OF LIABILITY.
BLAXXUN AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR
1.INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
CHARACTER WHETHER ARISING IN TORT, CONTRACT OR OTHERWISE, EVEN
IF BLAXXUN HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES,
OR
2.FOR ANY CLAIM BY ANY OTHER PARTY. BECAUSE SOME STATES DO NOT
ALLOW FOR THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY
NOT APPLY.
8. GOVERNMENT USERS.
Use, duplication or disclosure by the Government is subject to restrictions 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, and in similar clauses in
the NASA AR Supplement. Contractor/manufacturer is blaxxun interactive, Inc., 14
Juri Street, San Francisco, California 94110.
9. TERMINATION.
This License will terminate automatically if you fail to comply with the limitations
described above. On termination, you must destroy all copies of the software.
The obligations of you and blaxxun under Sections 2 ("Provided 'As Is'"), 4 ("Title"), 7
("Limitation of Liability"), 9 ("Termination") and 10 ("General Provisions") hereof will
survive termination of this Agreement and will continue in full force and effect thereafter.
10. GENERAL PROVISIONS.
This agreement shall be governed by the laws of the State of California.
If any provision of this Agreement is held invalid or unenforceable for any reason, the
parties agree that such invalidity will not affect the validity of the remaining provisions of
this Agreement, and further agree to substitute for the invalid provision a valid provision
which most closely approximates the intent and economic effect of the invalid provision.
This Agreement constitutes the entire agreement between you and blaxxun and
supersedes any prior agreement, whether oral or written, relating to the subject matter of
this Agreement.
The section headings in this Agreement are solely for convenience and will not be
considered in its interpretation.
blaxxun and the blaxxun logo are trademarks of blaxxun interactive, Inc.