File Comment SS7X7.COM, INC. END USER LICENSE AGREEMENT DB-7X7 VERSION 1.01 REDISTRIBUTION NOT PERMITTED Software License for SS7X7 DB-7X7 Mixer Version 1.01 IMPORTANT-READ CAREFULLY: This License Agreement for the DB-7X7 Mixer Version 1.01 ("License Agreement") is a legal agreement between you (either an individual or an entity) and SS7X7.com, Inc. and its suppliers and licensors (collectively "SS7X7") for DB-7X7 Version 1.01 software ("Software"). You may install only ONE copy of the Software. By clicking on the "Accept" button, installing, copying or otherwise using the Software, you agree to be bound by the terms of this License Agreement. If you do not agree to the terms of this License Agreement, click on the "Cancel" button and/or do not install the Software. ANY THIRD PARTY SOFTWARE, INCLUDING ANY NON-SS7X7 PLUG-IN, THAT MAY BE PROVIDED WITH THE SOFTWARE IS INCLUDED FOR USE AT YOUR OPTION. IF YOU CHOOSE TO USE SUCH SOFTWARE, THEN SUCH USE SHALL BE GOVERNED BY SUCH THIRD PARTY'S LICENSE AGREEMENT, AN ELECTRONIC COPY OF WHICH WILL BE INSTALLED IN THE "DB-7X7" FOLDER ON YOUR COMPUTER UPON INSTALLATION OF THE SOFTWARE.
1. GRANT OF LICENSE: SS7X7.com, Inc. and it's suppliers and licensors (collectively "SS7X7") hereby grants you a non-exclusive license to use the Software and Documentation subject to the following terms:
a) You may: (i) use the Software on any single computer; (ii) use the Software on a second computer so long as the first and second computers are not used simultaneously; and (iii) copy the Software for back-up, archival purposes provided any copy must contain all of the original Software's proprietary notices. b) You may not: (i) permit other individuals to use the Software except under the terms listed above; (ii) modify, translate, reverse engineer, decompile, disassemble (except to the extent that this restriction is expressly prohibited by law) or create derivative works based upon the Software or Documentation; (iii) copy the Software or Documentation (except for back-up purposes); (iv) resell, rent, lease, transfer, or otherwise transfer rights to the Software or Documentation; or (v) remove any proprietary notices or labels on the Software or Documentation. The playback features of this software are intended only for use with properly licensed content and content creation tools. You may require a patent, copyright, or other license from a third party to create or compress content files for playback by this software or to serve such files to be played back by this software.
2. SOFTWARE: If you receive the first copy of the Software electronically and a second copy on media the second copy may be used for archival purposes only and may not be transferred to or used by any other person. This license does not grant you any right to any enhancements or updates to the Software, nor any support services. 3. TITLE: Title, ownership, rights, and intellectual property rights in and to the Software and Documentation shall remain in SS7X7 and/or its suppliers. The Software is protected by the copyright laws of the United States and international copyright treaties. Title, ownership rights and intellectual property rights in and to the content accessed through the Software including the content contained in the Software media demonstration files shall be retained by the applicable content owner and may be protected by applicable copyright or other law. This license gives you no rights to such content. 4. DISCLAIMER OF WARRANTY: THE SOFTWARE AND DOCUMENTATION ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SS7X7 FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SS7X7 OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF SS7X7 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 5. TERMINATION: This License Agreement shall terminate automatically if you fail to comply with the limitations described in this license. No notice shall be required from SS7X7 to effectuate such termination. Upon termination, you must destroy all copies of the Software and Documentation. 6. INDEMNIFICATION. You agree to compress and play back only those materials for which you have the necessary patent, copyright and other permissions, licenses, and/or clearances. You agree to hold harmless, indemnify and defend SS7X7, its officers, directors and employees, from and against any losses, damages, fines and expenses (including attorneys' fees and costs) arising out of or relating to any claims that you have compressed or copied any materials (other than materials provided by SS7X7) in connection with the Software in violation of another party's rights or in violation of any law. If you are importing the Software from the United States, you shall indemnify and hold SS7X7 harmless from and against any import and export duties or other claims arising from such importation. 7. U.S. GOVERNMENT RESTRICTED RIGHTS AND EXPORT RESTRICTIONS: The Software is 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 of DFARS 252.227-7013 or subparagraphs (C) (i) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is SS7x7.com, Inc., 460 Park Avenue South, 8th Floor, New York, New York 10016.. You acknowledge that none of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported into (or to a national or resident of) Angola, Cuba, Iran, Iraq, Libya, North Korea, Sudan, Yugoslavia, Syria, or any other country to which the U.S. has embargoed goods; or 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 using the Software, you are agreeing to the foregoing, and are representing and warranting that you are not located in or under the control of a national or resident of any such country or on any such list. 8. MISCELLANEOUS. This License Agreement shall constitute the complete and exclusive agreement between us. SS7X7 will not modify the terms and conditions contained in this License Agreement unless both you and an authorized representative of SS7X7 execute a separate written instrument. If any provision of this License Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. This License Agreement shall be governed by the laws of the State of New York, without regard to conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of the state and federal courts sitting in the State of New York. Any and all unresolved disputes arising under this License Agreement shall be submitted to arbitration in the State of New York. The arbitration shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction, the application of which is hereby expressly excluded. Copyright 1999 SS7X7.com, Inc. and/or its suppliers. 460 Park Avenue South, 8th Floor, New York, New York 10016.All rights reserved. SS7X7 and DB-7X7 are trademarks of SS7X7.com, Inc.
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