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- POWWOW(tm) END USER LICENSE AGREEMENT
-
-
- ALL USE OF POWWOW CLIENT SOFTWARE IS SUBJECT TO THIS LICENSE
- AGREEMENT. BY CLICKING ON THE "YES" BUTTON BELOW, YOU ARE
- AGREEING TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS
- AGREEMENT, AND YOU CONSENT TO BE BOUND BY AND BECOME A PARTY
- TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND
- CONDITIONS OF THIS AGREEMENT, CLICK THE "NO" BUTTON AND YOU
- WILL NOT HAVE ANY LICENSE TO AND MAY NOT USE ANY PART OF THE
- POWWOW SOFTWARE. TRIBAL VOICE'S ACCEPTANCE IS EXPRESSLY
- CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS
- OF THIS AGREEMENT; IF THESE TERMS ARE CONSIDERED AN OFFER BY
- TRIBAL VOICE, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
-
- PowWow copyright (C) 1995-2000 by Tribal Voice, Inc. All
- rights reserved. PowWow is distributed free-of-charge for
- personal non-institutional use by individuals. Tribal Voice,
- Inc. reserves the right to charge for all other uses.
- Licensing information is available by contacting Tribal
- Voice, Inc.
-
-
- GRANT
-
- By using the PowWow Software ("PowWow"), you agree to
- abide by the terms of this license agreement ("Agreement").
- Subject to the terms of this Agreement, Tribal Voice, Inc.
- ("Tribal Voice") hereby grants you a limited, personal,
- nontransferable, nonsublicensable, royalty-free, nonexclusive
- license to use one copy of PowWow in object code form only on a
- single computer and only in accordance with the applicable end
- user and technical documentation for the purpose of accessing
- the Tribal Voice Registration Services in order to interact
- with other PowWow users via the Internet.
-
- You may copy PowWow for archival purposes and for the purposes
- of distribution only in accordance with the terms set forth below,
- provided any copy must contain all original proprietary notices
- included by Tribal Voice and must contain a copy of this Agreement.
- You may distribute PowWow only to other individual users who agree
- to be bound by the terms of this Agreement. PowWow must be
- distributed complete and intact without modifications whatsoever.
-
- To distribute PowWow with a magazine, book, or bundled with another
- product, you must obtain written permission from Tribal Voice.
-
-
- PROPER USE OF SOFTWARE
-
- You shall use PowWow for lawful purposes only, in compliance with all
- applicable laws, including without limitation copyright, trademark,
- obscenity, and defamation laws. Unlawful activities may include,
- without limitation, storing, distributing or transmitting any unlawful
- material, attempting to compromise the security of any networked
- account or site, or making threats of physical harm.
-
- You understand and acknowledge that PowWow is a tool to assist you
- in communicating with other people, and that Tribal Voice is not
- responsible for the content of such communications. Tribal Voice
- exercises no screening, editorial, or other control over Content
- available to you through use of PowWow, and Content may include
- material that could be deemed distasteful, misleading, inaccurate,
- offensive, pornographic or otherwise objectionable. Furthermore,
- use of PowWow does not guarantee any privacy or confidentiality of
- any Content which you post or make available through PowWow and
- Tribal Voice assumes no responsibility or liability for the
- preservation of such Content. You may not use PowWow or the
- Tribal Voice Registration Services in any manner that in the
- sole discretion of Tribal Voice is deemed to interfere with the
- reasonable use of PowWow by other PowWow users with whom you
- may interact using PowWow.
-
- You are solely responsible for the content of any transmissions
- through or using PowWow. You agree to enter a valid email
- address, of which you are the owner or primary user, and a
- unique password when using PowWow and the Tribal Voice
- Registration Service. Tribal Voice reserves the right to
- take any action against anyone who violates these terms,
- including but not limited to modifying or removing any Content
- or discontinuing use of PowWow or the Tribal Voice Registration
- Service without notice to you.
-
-
- INDEMNIFICATION
-
- You hereby release Tribal Voice, its suppliers, licensors and
- affiliates from any and all liability for all claims related to
- Content as well as claims related to the security or level of
- privacy provided. You agree to indemnify and hold harmless Tribal
- Voice and its licensors, affiliates, directors, officers, agents
- and employees from and against any and all claims, actions,
- proceedings, damages, judgments, losses, liabilities and
- expenses (including reasonable attorneys fees) arising out of
- or in connection with any communications generated by you or
- content posted by you using PowWow. You assume responsibility
- of, and any costs or liability associated with, making a
- connection to the Tribal Voice Registration Service, and you
- understand that PowWow will not operate without such a
- connection.
-
-
- RESTRICTIONS
-
- You agree you will not attempt to reverse compile, modify,
- translate, create derivative works of, or disassemble (except
- to the extent applicable laws specifically prohibit such
- restriction) PowWow in whole or in part or to otherwise attempt
- to derive source code or underlying ideas or algorithms from
- PowWow and that you will make reasonable efforts to prevent
- anyone from doing same. You may not remove any proprietary
- notices or labels from PowWow or any copy thereof.
-
-
- TITLE
-
- As between the parties, title, ownership rights, and
- intellectual property rights in and to PowWow, and any copies or
- portions thereof, shall remain in Tribal Voice and its suppliers
- or licensors. PowWow is protected by the copyright laws of the
- United States and international copyright treaties. Title,
- ownership rights, and intellectual property rights in and to any
- software, data, information, text, pictures, images, avatars,
- characters, sounds, personalities, or other content ("Content")
- accessed through PowWow is the property of the applicable owner
- and may be protected by applicable copyright or other law. This
- license gives you no rights, title, or interest to Content
- except the limited license to use PowWow as described above.
-
- PowWow includes software licensed by Tribal Voice from The
- Independent JPEG Group, First Byte, and VoxWare, Inc. that is
- protected by the copyrights, trademark rights and other
- intellectual property rights of its respective owners.
-
-
- DISCLAIMER OF WARRANTY
-
- POWWOW, AND ANY SUPPORT OR SERVICES YOU MAY RECEIVE FROM TRIBAL
- VOICE, ITS SUPPLIERS, LICENSORS, AND AFFILIATES ARE PROVIDED
- "AS IS," WITHOUT WARRANTY OF ANY KIND. TRIBAL VOICE HEREBY
- DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT
- LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
- PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER TRIBAL VOICE
- OR ITS SUPPLIES< LICENSORS OR AFFILIATES WARRANTS THAT LICENSEE
- WILL HAVE CONTINUOUS, UNINTERRUPTED USE OF THE SOFTWARE OR THE
- TRIBAL VOICE REGISTRATION SERVICE OR THAT POWWOW IS ERROR-FREE.
- THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS
- AGREEMENT. SOME STATES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED
- WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU
- MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR
- BY JURISDICTION.
-
-
- LIMITATION OF LIABILITY.
-
- TRIBAL VOICE AND ITS LICENSORS, SUPPLIERS AND AFFILIATES SHALL
- NOT BE LIABLE UNDER ANY TORT, CONTRACT, STRICT LIABILITY, OR
- OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, SPECIAL,
- INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING,
- WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL,
- WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND
- ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL
- TRIBAL VOICE, ITS LICENSORS, SUPPLIERS, OR AFFILIATES BE LIABLE
- FOR ANY DAMAGES IN EXCESS OF THE LIST PRICE FOR A LICENSE TO USE
- POWWOW, EVEN IF TRIBAL VOICE, ITS LICENSORS SUPPLIERS OR AFFILIATES
- SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS
- LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR
- PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH
- LIMITATION. FURTHERMORE, SOME STATES DO NOT ALLOW THE EXCLUSION
- OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
- LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
-
- SUPPORT
-
- This Agreement does not entitle you to any maintenance, upgrades,
- patches, enhancements, fixes, new versions or other support
- ("Support Programs") for PowWow; provided, however, that if
- you download or otherwise obtain in any manner any Support
- Programs they shall become part of PowWow and the terms of this
- Agreement shall apply. You agree you will allow Triba Voice to
- contact you for purposes of announcing new releases, bug fixes,
- and other technical and business information.
-
-
- TERMINATION
-
- This Agreement, including all of your rights to use PowWow,
- will terminate automatically and immediately if you fail
- to comply with the terms and conditions of this Agreement.
-
- In addition, Tribal Voice, its licensors, suppliers and
- affiliates may, at their sole discretion, terminate this
- Agreement, the license granted herein, and your right to
- use and access PowWow, or the Tribal Voice Registration
- service at any time. On termination, you must destroy
- all copies of PowWow.
-
- Except for the license granted in the "Grant" section of this
- Agreement and except as otherwise expressly provided herein, the
- terms of this Agreement shall survive termination. Termination
- is not an exclusive remedy and all other remedies will be
- available whether or not the license is terminated.
-
-
- EXPORT CONTROLS
-
- You shall comply with the U.S. Foreign Corrupt Practices Act
- (regarding, among other things, payments to government officials)
- and all export laws and restrictions and regulations of the
- Department of Commerce, the United States Department of Treasury
- Office of Foreign Assets Control ("OFAC"), or other United States
- or foreign agency or authority, and agree not to export, or allow
- the download, export or re-export of any Software or portion
- thereof in violation of any such restrictions, laws or regulations.
-
-
- MISCELLANEOUS
-
- In the event of invalidity of any provision of this license,
- the parties agree that such invalidity shall not affect the
- validity of the remaining portions of this license. You may
- not assign your rights or obligations under this Agreement
- without the express written consent of Tribal Voice. This
- Agreement will be governed by the laws of the State of
- California as they are applied to agreements between California
- residents entered into and performed entirely within California.
- The United Nations Convention on Contracts for the International
- Sale of Goods is specifically disclaimed.
-
-
- GOVERNMENT USE
- As defined in FAR section 2.101, PowWow and its accompanying
- documentation licensed in this Agreement are "commercial items"
- and according to DFAR section 252.227-7014(a)(1) and (5) are
- deemed to be "commercial computer software" and "commercial
- computer software documentation." Consistent with DFAR
- section 227.7202 and FAR section 12.212, any use modification,
- reproduction, release, performance, display, or disclosure of
- such commercial software or commercial software documentation
- by the US. Government shall be governed solely by the terms of
- this Agreement and shall be prohibited except to the extent
- expressly permitted by the terms of this Agreement.
-
- PWEULA.000121AG
-