THIS IS A CONTRACT. BY INSTALLING THIS SOFTWARE YOU ACCEPT ALL THE
TERMS AND CONDITIONS OF THIS AGREEMENT. THIS SOFTWARE IS ALSO
AVAILABLE FOR EVALUATION (DEMO) AND IS SUBJECT TO AN EXPIRATION
DATE WHEN USED AS A DEMO. FULLY LICENSED VERSIONS OF THIS SOFTWARE
ARE AVAILABLE FOR PURCHASE FROM WHITE PINE'S STOREFRONT ON THE
WORLD WIDE WEB (http://www.cuseeme.com) OR FROM YOUR LOCAL
SOFTWARE RETAIL STORE.
This White Pine Software, Inc. ("White Pine") End User License
Agreement accompanies a White Pine software product and related
explanatory written materials ("Software"). The term "Software"
shall also include any upgrades, modified versions or updates of
the Software licensed to you by White Pine. This copy of the
Software is licensed to you as the end user. Please read this
Agreement carefully.
* TO ACCEPT THIS AGREEMENT, PRESS ACCEPT AND INSTALL.
* TO DECLINE THIS AGREEMENT, PRESS DECLINE, AND YOU
WILL NOT BE ABLE TO USE THE SOFTWARE.
1. White Pine grants to you a non-exclusive, non-sublicensable,
license to use this Software in binary executable form.
YOU MAY NOT USE, COPY, MODIFY, OR TRANSFER THE PROGRAM OR
DOCUMENTATION, OR ANY COPY EXCEPT AS EXPRESSLY PROVIDED IN THIS
AGREEMENT.
2. WHITE PINE MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF
THIS SOFTWARE OR ABOUT ANY CONTENT OR INFORMATION MADE ACCESSIBLE
BY THE SOFTWARE, FOR ANY PURPOSE. THE SOFTWARE IS PROVIDED 'AS IS'
WITHOUT EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR
NONINFRINGEMENT. WHITE PINE SHALL NOT BE LIABLE UNDER ANY THEORY OR
ANY DAMAGES SUFFERED BY YOU OR ANY USER OF THE SOFTWARE.
3. Title, ownership rights, and intellectual property rights in and
to the Software shall remain in White Pine and/or its suppliers.
You agree to abide by the copyright law and all other applicable
laws of the United States including, but not limited to, export
control laws. You acknowledge that the Software in source code
form remains a confidential trade secret of White Pine and/or its
suppliers and therefore you agree not to modify the Software or
attempt to decipher, decompile, disassemble or reverse engineer the
Software, except to the extent applicable laws specifically
prohibit such restriction.
4. Copyright. The Software is owned by White Pine and its
suppliers, and its structure, organization and code are the
valuable trade secrets of White Pine and its suppliers. The
Software is also protected by United States Copyright Law and
International Treaty provisions. You agree not to modify, adapt,
translate, reverse engineer, decompile, disassemble or otherwise
attempt to discover the source code of the Software. You may use
trademarks only to identify printed output produced by the
Software, in accordance with accepted trademark practice, including
identification of trademark owner's name. Such use of any
trademark does not give you any rights of ownership in that
trademark. Except as stated above, this Agreement does not grant
you any intellectual property rights in the Software.
5. White Pine may terminate this License at any time by delivering
notice to you and you may terminate this License at any time by
destroying or erasing your copy of the Software. Upon termination
of this License you agree to destroy or erase the Software. In the event of termination, the following sections of this License will survive: 2, 3, 4, and 5. This License is personal to you and you agree
not to assign your rights herein. This License shall be governed
by and construed in accordance with the laws of the State of New
Hampshire and, as to matters affecting copyrights, trademarks and
patents, by U.S. federal law. This License sets forth the entire
agreement between you and White Pine.
6. WHITE PINE OR ITS SUPPLIERS SHALL NOT BE LIABLE FOR (a)
INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES OF ANY
SORT, WHETHER ARISING IN TORT, CONTRACT OR OTHERWISE, EVEN IF
WHITE PINE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES,
OR (b) 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.
7. ACKNOWLEDGEMENT: YOU ACKNOWLEDGE THAT YOU HAVE READ THIS
AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND
CONDITIONS. YOU ALSO AGREE THAT THIS AGREEMENT IS THE COMPLETE AND
EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN THE PARTIES AND
SUPERSEDES ALL PROPOSALS OR PRIOR AGREEMENTS, VERBAL OR WRITTEN,
AND ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE
SUBJECT MATTER OF THIS AGREEMENT.
Should you have any questions concerning this Agreement, please
