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SPRESSA
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License.txt
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2000-03-27
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MYNETMEDIA.COM, Inc. LICENSE AGREEMENT AND WARRANTY DISCLAIMER
REDISTRIBUTION OF SOFTWARE NOT PERMITTED
License for MyNetMedia.com, Inc.'s Software Product(s)
IMPORTANT, READ CAREFULLY: By clicking on the "Accept" button or by
opening the sealed package(s) containing the MyNetMedia.com Software
("Software"), You agree to be and are hereby bound by the terms of this
License Agreement ("Agreement"). If you do not agree to the terms of
this Agreement, you must promptly destroy all copies of the Software and
accompanying documentation ("Documentation").
I. GRANT OF LICENSE:
MyNetMedia.com, Inc. and its suppliers and licensors hereby grant you a
non-exclusive license to use the Software and Documentation subject to
the following terms:
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.
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.
II. 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 enhancement or update.
III. TITLE:
Title, ownership, rights, and intellectual property rights in and to the
Software and Documentation shall remain in MyNetMedia.com, Inc. 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 any content contained in the Software
media demonstration files is the property of the applicable content
owner and may be protected by applicable copyright or other law. This
license gives you no rights to such content.
IV. DISCLAIMER OF WARRANTY:
THE SOFTWARE AND DOCUMENTATION ARE PROVIDED AS IS WITHOUT WARRANTY OF
ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
MYNETMEDIA.COM, INC. 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 MYNETMEDIA.COM, INC. 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 MYNETMEDIA.COM, INC. 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.
V. TERMINATION:
This license shall terminate automatically if you fail to comply with
the limitations described in this Agreement. No notice shall be
required from MyNetMedia.com, Inc. to effectuate such termination. On
termination you must destroy all copies of the Software and
Documentation.
VI. 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 MyNetMedia.com, Inc., 12462 S.
Lopez Pl., Tustin, CA 92872. 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, 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.
VII. GOVERNING LAW:
This License Agreement shall be governed by the laws of the State of
California, without regard to conflicts of law provisions, and you
consent to the exclusive jurisdiction of the state and federal courts
sitting in the State of California. Any and all unresolved disputes
arising under this Agreement shall be submitted to arbitration in the
State of California. The arbitration shall be conducted under the rules
then prevailing of the American Arbitration Association. The award of
the arbitrator shall be binding and may be entered as a judgment in any
court of competent jurisdiction. This License Agreement will not be
governed by the United Nations Convention of Contracts for the
International Sale of Goods, the application of which is hereby
expressly excluded.
VIII. ENTIRE AGREEMENT:
This Agreement constitutes the complete and exclusive agreement between
MyNetMedia.com, Inc. and you with respect to the subject matter hereof
and supersedes all prior oral or written understandings, communications
or agreements not specifically incorporated herein. This Agreement may
not be modified except in a writing duly signed by an authorized
representative of MyNetMedia.com, Inc. and you.
MyNetMedia.com Software License Agreement (11-03-1999)