LIZARDTECH SOFTWARE LICENSE AGREEMENT

DjVu™ Web Browser Plug-in


NOTICE TO USER: THIS IS A CONTRACT

LizardTech is willing to license the enclosed Software and Related Materials to You only on the condition that You accept all of the terms and conditions contained in this License Agreement. Please read the terms and conditions carefully before installing or using the Software. By installing or using the Software, You are indicating Your acceptance of this Agreement. If You do not agree to the terms of this Agreement, LizardTech is unwilling to license the Software to You. In that event, You should either not download the Software, or return the Software and all Related Materials to LizardTech with any packaging unopened, as applicable.

  1. Scope of Permitted Use. In this Agreement, "Software" shall mean the machine readable software programs and associated files known as DjVu Web Browser Plug-in, any modified version, upgrades or other copies of such programs and files, and any associated media and printed materials. You have the royalty-free, nonexclusive, nontransferable right to install and use the Software on a single central processing unit for Your internal use only. This Software is not designed or permitted to be used on a server or network permitting access by multiple users. Licensee shall not sell, rent, sublicense or otherwise provide unlicensed third parties access to any version(s) of the Software or Related Materials, or Licensee's rights under this Agreement.

    You may make one (1) copy of the Software, for nonproductive backup purposes ONLY, which is not to be installed on any machine. To such permissible copy of the Software, You must affix a permanent label stating the following:

    DjVu(tm) Web Browser Plug-in is property of LizardTech. Copyright (c) 1999-2000, LizardTech, Inc., 1008 Western Ave., Suite 200, Seattle, WA 98104. All rights reserved. Use permitted only under license from LizardTech.

  2. Proprietary Rights. The Software is owned by LizardTech and/or its suppliers and You acknowledge that the structure, organization and/or code to the Software is/are the valuable trade secret(s) of LizardTech and is/are protected by United States Copyright Law and International Treaty provisions. You are not permitted to translate, decompile, disassemble, modify, reverse engineer, or otherwise attempt to discover the source code of the Software, in whole or in part.

  3. No Other Rights. LizardTech retains title and ownership to any and all copies of the Software whether transmitted electronically or recorded as diskette copies and all subsequent copies of the Software, regardless of the form or media in or on which the original and other copies may exist. Except as expressly stated herein, this Agreement does not grant You any rights to patents, copyrights, trade secrets, trademarks or any other rights with respect to the Software.

  4. Term. This Agreement is effective until terminated. This Agreement shall terminate automatically upon failure by Licensee to comply with any of its terms. Upon any such termination You must destroy the original and any copies of the Software . However, You agree that any provisions of this Agreement that operate to protect LizardTech shall remain in force.

  5. To the extent possible without violating this Agreement, You may fix bugs, if any, in the Software, provided that, (i) You shall immediately inform LizardTech of any such bug fixes and supply LizardTech with a copy of all computer programs (in source code form) relating to such bug fixes, and (ii) LizardTech shall own all rights, title and interest in and to such bug fixes. You agree to assign to LizardTech all rights, title and interest in and to such bug fixes and any intellectual property rights pertaining thereto.

  6. Notwithstanding anything to the contrary, You are not granted the right to prepare, and are expressly prohibited from preparing, any Derivative Works based on the Software. For purposes of this Agreement, "Derivative Work" means a work which is based upon one or more preexisting works, and which is a revision, modification, translation, abridgment, condensation, expansion, collection, compilation, or any other form in which such preexisting works may be recast, transformed, or adapted, and which, if prepared without authorization by the owner of a preexisting work, would constitute a copyright infringement under applicable law.

  7. NO WARRANTY. The Software is being delivered to You AS IS without a warranty of any kind. LIZARDTECH AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USE OR INABILITY TO USE THE SOFTWARE OR THE DOCUMENTATION. LIZARDTECH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

    IN NO EVENT SHALL LIZARDTECH BE LIABLE TO YOU FOR ANY CONSEQUENTIAL OR INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFITS OR OPPORTUNITIES, EVEN IF A LIZARDTECH REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    During the term of this license, Your only remedy for any problems with the Software will be to obtain a replacement copy from LizardTech at LizardTech's option. YOU AGREE THESE ARE YOUR ONLY REMEDIES EVEN IF THEY FAIL OF THEIR ESSENTIAL PURPOSE(S).

    Some states may not allow the above exclusion or limitation of warranties, remedies or damages, so the above exclusions or limitations may not apply to You. This warranty gives You specific legal rights. You may have other rights which vary from state to state or province to province.

  8. No Product Support or Maintenance. The Software is provided without support or maintenance, except such publicly available help resources as LizardTech may, in its sole discretion, offer on its Website at www.lizardtech.com.

  9. WARNING. This Software is not designed or tested for a level of reliability suitable for use in any information system the failure of which can reasonably be expected to cause personal injury. The Software may contain bugs and/or inaccuracies and You can expect incorrect results, errors, and anomalies under normal use. You agree to take precautions to offset such risks such as to maintain full backups of storage media and to not use the Software where personal injury or property damage may result.

  10. Governing Law. This Agreement will be governed by the laws in force in the State of California, U.S.A. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

  11. Export Control. You agree that the Software will not be shipped, transferred, or exported or reexported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions, or regulations. Specifically, and without limitation, You agree that the Software will not be downloaded or otherwise exported or reexported to (or to a national or resident of) Cuba, Iraq, Libya, Sudan, North Korea, Iran, Syria or any other country or person with which the United States has embargoed trade. By accepting this Agreement, You certify that you are not a national of one of these countries, or otherwise a person with whom the U.S. government has prohibited trade.

  12. Entire Agreement. You acknowledge that You have read this Agreement, understand it and that it is the complete and exclusive statement of Your Agreement with LizardTech which supersedes any prior Agreement, oral or written, between LizardTech and You. No variation of the terms of this Agreement will be enforceable against LizardTech unless LizardTech gives its express consent, in writing signed by an officer of LizardTech.

Copyright (c) 2000 LizardTech, Inc., 1008 Western Ave., Suite 200, Seattle, WA 98104. All Rights Reserved.

DjVu and LizardTech are trademarks of LizardTech. Unauthorized use prohibited. (rev. 1, 4/00)