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- License Terms for KBrowser Version 1.0
- 4thpass LLC
-
- NOTICE: PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (the "License")
- CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE
- AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS STATED BELOW. IF YOU
- DO NOT AGREE WITH THE TERMS OF THIS LICENSE, PROMPTLY DESTROY ALL
- COPIES OF THE SOFTWARE IN YOUR POSSESSION. THE SOFTWARE IS NOT FOR
- RESALE.
-
- 1. Grant of License. 4thpass LLC ("4thpass") grants to the
- end user ("Licensee") a non-exclusive, non-transferable limited
- license to use KBrowser Technology Preview version or the
- KBrowser Evaluation version (collectively the "Software") and its
- related documentation in accordance with this License.
-
- 2. Restrictions. This License sets forth the terms and conditions
- governing the use of the Software. Licensee may not commercially
- distribute, sublicense, resell, or otherwise transfer for any
- consideration, or reproduce for any such purposes, either the
- Software or any modification or derivation thereof, either alone or
- in conjunction with any other product or program. Further, the
- Licensee may not, nor permit anyone else to, decompile, reverse
- engineer, disassemble or otherwise reduce the Software to a human
- perceivable form, or to modify, network, rent, lease, loan,
- distribute, or create derivative works based upon the Software in
- whole or in part. Notwithstanding, if the Software is lawfully
- acquired outside of the United States within a jurisdiction which
- is a member of European Economic Community (EEC) subject to the EEC
- Council Directive of May 14, 1991, Licensee agrees that within that
- jurisdiction Licensee shall not, and shall not allow any party on
- Licensee's behalf, to attempt to reverse engineer or decompile the
- Software into another computer language, except as expressly and
- specifically provided in the EEC Council Directive of May 14, 1991.
- Any and all information obtained during such lawful reverse
- engineering and/or decompiling activities, including but not
- limited to, the organization, logic, algorithms and processes of
- the Software, shall be deemed to be the confidential and
- proprietary information of 4thpass LLC or its licensors. The entire
- right, title and interest in the Software shall remain with
- 4thpass. The Software contains copyrighted material, trade
- secrets and other proprietary material, and Licensee shall not
- remove any copyright notices or other legends from the Software or
- any accompanying documentation.
-
- 3. Technical Support. Licensee may purchase a registration number at
- <www.4thpass.com> in order to receive six (6) months of technical
- support via telephone or electronic mail. Upgrades to the Software
- and its documentation will be made available at no additional cost to
- Licensee for thirty (30) days following the date of purchase.
- Licensee's access to technical support for the Software shall be
- subject to Licensee's compliance with 4thpass' instructions for
- accessing such support and standard verification procedures.
-
- 4. Export Law Assurances. Licensee agrees and certifies that neither
- the Software nor the direct product thereof will be exported
- outside the United States except as authorized and as permitted by
- the laws and regulations of the United States. If the Software has
- been rightfully obtained by Licensee outside of the United States,
- Licensee agrees not to re-export the Software nor the direct
- product thereof except as permitted by the laws and regulations of
- the United States and the laws and regulations of the jurisdiction
- in which Licensee obtained the Software.
-
- 5. Termination. This License is effective until terminated. Licensee
- may terminate this License at any time by destroying all copies of
- the Software and its documentation. This License will terminate
- immediately without notice from 4thpass if Licensee fails to
- comply with any provision contained herein. In the event of such
- termination, Licensee must destroy all copies of the Software and
- its documentation.
-
- 6. Disclaimer of Warranty. LICENSEE EXPRESSLY ACKNOWLEDGES AND AGREES
- THAT THE USE OF THE SOFTWARE AND ITS DOCUMENTATION IS AT LICENSEE'S
- SOLE RISK. THE SOFTWARE, DOCUMENTATION AND ANY TECHNICAL SUPPORT
- OR UPGRADES ARE PROVIDED ''AS IS'' AND WITHOUT WARRANTY OF ANY
- KIND. 4THPASS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR
- IMPLIED, WITH RESPECT TO THE SOFTWARE AND/OR ASSOCIATED MATERIALS,
- INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY,
- FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. 4THPASS
- DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL
- MEET LICENSEE'S REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE
- WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE
- SOFTWARE WILL BE CORRECTED. FURTHERMORE, 4THPASS DOES NOT WARRANT
- OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE
- USE OF THE SOFTWARE OR ANY DOCUMENTATION PROVIDED THEREWITH IN
- TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO
- ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY 4THPASS OR A
- 4THPASS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN
- ANY WAY INCREASE THE SCOPE OF ANY WARRANTY. 4THPASS does not
- guaranty that the Software (or any similar product) will be
- available in the future.
-
- 7. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED UNDER
- APPLICABLE LAWS, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE,
- SHALL 4THPASS, ITS AFFILIATES OR THEIR DIRECTORS, OFFICERS,
- EMPLOYEES OR AGENTS BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR
- CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR PROPERTY DAMAGE,
- PERSONAL INJURY, INTELLECTUAL PROPERTY INFRINGEMENT, LOSS OF
- BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
- INFORMATION, ETC.) ARISING OUT OF THE USE OR INABILITY TO USE THE
- SOFTWARE OR ITS DOCUMENTATION, EVEN IF 4THPASS OR ITS AUTHORIZED
- REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
- LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES SO THE ABOVE
- LIMITATION OR EXCLUSION MAY NOT APPLY.
-
- 8. No Waiver or Assignment. No delay or failure to take action under
- this License will constitute a waiver unless expressly waived in
- writing, signed by a duly authorized representative of 4THPASS,
- and no single waiver will constitute a continuing or subsequent
- waiver. This License may not be assigned, sublicensed or otherwise
- transferred by Licensee, by operation of law or otherwise, without
- 4THPASS's prior written consent, provided that Licensee may assign
- this License upon written notice to 4THPASS in instances in which
- such assignment is to an entity which acquires all or substantially
- all of the business of Licensee, whether by merger, consolidation,
- or acquisition of assets.
-
- 9. Controlling Law and Severability. This License shall be governed
- by and construed in accordance with the laws of the United States
- and the State of California, excluding the U.N. Convention on
- International Sale of Goods, and without regard to conflict of laws
- principles. All disputes arising in connection therewith shall be
- heard only by a court of competent jurisdiction in San Diego
- County, California, and the prevailing party in any legal
- proceeding shall be entitled to recover its reasonable attorneys'
- fees incurred in connection therewith. If for any reason a court of
- competent jurisdiction finds any provision of this License, or
- portion thereof, to be unenforceable, that provision of the License
- shall be enforced to the maximum extent permissible so as to effect
- the intent of the parties, and the remainder of this License shall
- continue in full force and effect.
-
- 10. Entire Agreement. This License constitutes the entire agreement
- between the parties with respect to the use of the Software and
- its documentation, and supersedes all prior or contemporaneous
- understandings or agreements, written or oral, regarding such
- subject matter. Any additional or different terms or conditions
- proposed by Licensee are hereby rejected and shall be of no force
- and effect unless expressly agreed to in writing by 4THPASS. No
- amendment to or modification of this License will be binding
- unless in writing and signed by a duly authorized representative
- of 4THPASS.
-
-
- Copyright (c) 2000 4THPASS LLC. All rights reserved.
- 4THPASS and KBrowser are trademarks of 4THPASS LLC. All other trademarks and
- service marks are the property of their respective owners.
-
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