This License Agreement ("Agreement") is a legal agreement between you (an individual or a single entity) and Xoom software, Inc. for the product identified above, which includes computer software and associated "online" or electronic documentation ("SOFTWARE PRODUCT" or "SOFTWARE"). By downloading, the SOFTWARE PRODUCT, you agree to be bound by the terms of this Agreement. If you do not agree to such terms, do not download the SOFTWARE PRODUCT.
1.GRANT OF LICENSE: This Agreement grants you the right to install and use the SOFTWARE PRODUCT on one (1) computer only for an indefinite period of time. The SOFTWARE PRODUCT is licensed, not sold.
2.OTHER RIGHTS AND LIMITATIONS:
* You may not reverse engineer, de-compile, or disassemble the SOFTWARE PRODUCT.
* The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer.
* You may not rent or lease the SOFTWARE PRODUCT.
* You may permanently transfer all of your rights under this Agreement, provided you retain no copies, you transfer all of the SOFTWARE PRODUCT (including all component parts, any upgrades and this Agreement), and the recipient agrees to the terms of this Agreement.
* Without prejudice to any other rights, Xoom may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
3.COPYRIGHT: All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT) are owned by Xoom or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material.
4.U.S. GOVERNMENT RESTRICTED RIGHTS: The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Xoom Software, Inc. 433 California Street, Suite 910, San Francisco, CA 94104.
5. If you acquired this product in the United States, this Agreement is governed by the laws of the State of California. If this product was acquired outside the United States, then local law may apply. Should you have any questions concerning this Agreement, please contact Xoom Software, Inc.
DISCLAIMER OF WARRANTIES: XOOM EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE PRODUCT. THE SOFTWARE PRODUCT AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, MERCHANTABLE QUALITY OR NONINFRINGEMENT OF THIRD PARTY RIGHTS. Some states or jurisdictions do not allow the exclusion of implied warranties, so the above limitations may not apply to you.
LIMIT OF LIABILITY: IN NO EVENT WILL XOOM BE LIABLE TO YOU FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF XOOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states or jurisdictions do not allow the limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
I have read and accept the terms of this agreement.
