(Sun Microsystems, Inc.)(1997).iso/products/Thought/images/van256.gif)
VanillaSearch License Agreement.
(Sun Microsystems, Inc.)(1997).iso/products/Thought/images/vanilla.gif)
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| VanillaSearch License Agreement. |
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GRANT. Subject to the provisions contained herein, THOUGHT Inc. ("Thought") hereby grants you the right to review the following demo ("Demo") as a demonstration for the underlying described proprietary software product ("Software"). Software is the underlying programming classes or library. You may run multiple instances of the Demo on a single computer system. You may not copy, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Demo or the Software.
FEES. All uses of this Software or the Demo in any application or for purposes orther than as a demo require paid fees paid to Thought and Certified registration numbers given only by Thought after payment in full. See www.thoughtinc.com for fees.
TITLE. Title, ownership rights, and intellectual property rights in and to the Software and Demo shall remain in Thought and/or its suppliers. The Software and Demo are protected by the copyright laws of the United States and international copyright treaties. Title, ownership rights, and intellectual property rights are those of Thought for this Demo and Software. This License gives you no rights to any content. This license does not grant you any right to any enhancement or update.
RESTRICTED USE. The Software and Demo are protected by the copyright laws of the United States and international copyright treaties. You may not copy the Software or Demo. This license does not grant you any right to any enhancement or update to the Software. Enhancements and updates, if available, may be obtained at THOUGHT's then current standard pricing, terms, and conditions. You may not lend, rent, lease or otherwise transfer the Software or Demo.
CONTENT. The Software and Demo herein are for demonstration purposes only and give you no rights to the content for any development or other purposes at any time.
DISCLAIMER OF WARRANTY. Since the Software and Demo are provided for demonstration purposes only, the Software and Demo are provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the Software and Demo are borne by you. Should the Software and/or Demo prove defective, you and not Thought assume the entire cost of any service and repair. In addition, the security mechanism implemented by the Software and/or Demo has inherent limitations, and you must determine that the Software and/or Demo sufficiently meets your requirements. This disclaimer of warranty constitutes an essential part of the 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. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL THOUGHT OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL THOUGHT BE LIABLE FOR ANY DAMAGES IN EXCESS OF THOUGHT'S LIST PRICE FOR A LICENSE TO THE SOFTWARE, EVEN IF THOUGHT SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. 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.
TERMINATION. This license will terminate automatically if you fail to comply with the limitations described above. On termination, you must destroy all copies of the Software and Demo.
MISCELLANEOUS. This Agreement represents the complete and exclusive statement of the agreements concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both parties. If any provision of this 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 (i) of such provision under other circumstances or (ii) of the remaining provisions hereof under all circumstances. Headings shall not be considered in interpreting this Agreement. This Agreement shall be governed by and construed under California law as such law applies to agreements between California residents entered into and to be performed entirely within California, except as governe d by Federal law.
U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, and in similar clauses in the NASA FAR Supplement. Contractor/manufacturer is THOUGHT Inc., 2222 Leavenworth Street Suite 304, San Francisco, Ca 94133.
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