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License.txt
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1997-08-16
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3KB
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67 lines
SOFTWARE LICENSE AGREEMENT
1. Grant of License.
Subject to the terms of this Agreement, Technology Dynamics & Kool Bear Kool Wear
(Vendor) grants you a non-exclusive license to use the KoolBear's Mission Grabber,
v3.0 Standard Edition software program contained on the enclosed disk or archive
(*.zip) file (the "Software") provided you agree to all of the following. The term
"Software" shall also include any upgrades, modified versions or updates of the
Software licensed to you by Vendor. This Software is licensed, not sold.
2. Transferability.
You shall not sell, lease, or sub-license the Software in whole or in part to any
other person or entity.
3. Copyright.
The Software and the accompanying documentation is owned by Vendor and is
protected by United States copyright laws and international treaty provisions.
You may not modify, disassemble, decompile or reverse engineer the Software or
documentation, except as consented to in writing by Vendor.
4. Acknowledgment and Indemnity.
YOU ACKNOWLEDGE THAT THE FAILURE TO PROPERLY OPERATE THE SOFTWARE LICENSED
HEREUNDER, INCLUDING THE TIMELY AND ACCURATE INPUT AND TRANSMISSION OF ALL AND
ANY DATA, COULD RESULT IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH THAT MIGHT
HAVE BEEN AVOIDED IF THE SOFTWARE HAD BEEN PROPERLY OPERATED IN A TIMELY MANNER.
You agree to indemnify and hold Vendor harmless from any and all claims, damage,
loss, cost, expense or other liability for property damage, personal injury,
wrongful death or any other claim resulting from the negligent failure to
properly operate the Software, including the timely and accurate input and
transmission of ALL and ANY data.
5. No Liability for Damages.
IN NO EVENT WILL VENDOR BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION,
LOSS OF BUSINESS INFORMATION, LOST SAVINGS, PERSONAL INJURY, WRONGFUL DEATH, OR
OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY
TO USE THE SOFTWARE, EVEN IF VENDOR OR AN AUTHORIZED DEALER HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY, EXCEPT TO
THE EXTENT OF THE REMEDIES DESCRIBED ABOVE IN THE EVENT OF THE BREACH OF THE
LIMITED WARRANTY DESCRIBED ABOVE.
6. U.S. Government Use.
Use, duplication or disclosure by the U.S. Government is subject to restrictions
as set forth in subdivision (c)(1)(ii) of the Rights in Technical Data and
Computer Software clause as 252-227-7013.
7. Governing Law.
The parties agree that any dispute or default arising from this Agreement shall
be governed by the internal law of the State of Texas, United States of America.