Practical Internet 2001 August/Practical Internet August 2001.iso/Software/Full/NetTracker/PRO/SUNOS4/N3P_SUN4.TAR/NetTracker-3.5-Pro/license.txt

Text File | 1998-01-06 | 10.9 KB | 181 lines

BY OPENING THE PACKAGE, DOWNLOADING THIS PRODUCT,  OR CLICKING ON THE "ACCEPT"
BUTTON, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS
AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK
THE "DO NOT ACCEPT" BUTTON, AND, IF APPLICABLE, RETURN THIS PRODUCT TO THE
PLACE OF PURCHASE FOR A FULL REFUND.

SANE SOLUTIONS, LLC NetTracker 3.5 END USER LICENSE AGREEMENT REDISTRIBUTION
NOT PERMITTED

GRANT.  Subject to the provisions contained herein and payment of applicable
license fees, Sane Solutions, LLC  ("Sane Solutions, LLC") hereby grants to
you ("Licensee") a non-exclusive license to use the version(s) of the
accompanying proprietary software product ("Software") and related
documentation ("Documentation") for which you have paid Sane Solutions, LLC.
The product is licensed for a SINGLE WEBSITE by running the Install script
and accepting the terms and conditions of this License Agreement.  Additional
WEBSITES require additional licenses.  You may not publish or provide any
results of benchmark tests run on the Software to a third party without Sane
Solutions, LLC's prior written consent.  You may make a single copy of the
Software for archival purposes, provided such copy must contain all of the
original Software's proprietary notices.  The Java Scripts, Java class files,
HTML files, and binary files incorporated with this product may only be used
in conjunction with this product and are subject to all the terms and
conditions of this License Agreement.

EVALUATION.  This is not free software.  Subject to the provisions contained
herein, you are hereby licensed to use this software for evaluation purposes
only for a period of 30 days beginning with your first installation of this
software.  If you use this software after the 30 day evaluation period
license fees must be paid to Sane Solutions, LLC.

LIMITATIONS.  You may not permit other individuals to use the Software except
under the terms listed above.  You may not modify, translate, reverse
engineer, decompile, disassemble or create derivative works based on the
Software.  You may not copy the Software other than as specified above; rent,
lease, grant a security interest in, or otherwise transfer rights to the
Software; or remove any proprietary notices or labels on the Software.

You are provided with a unique serial number and activation key to render
NetTracker operable.  You agree to use this serial number to enable only one
working copy of NetTracker to work exclusively on only one computer, to keep
this serial number private and not divulge, distribute, exchange, publish or
furnish it to any other parties.  You are liable for all damages incurred by
Sane Solutions, LLC including, but not limited to, loss of sale, loss of
revenue, and legal fees resulting from breach of this provision.

YOU MAY NOT USE, COPY OR TRANSFER THE PRODUCT OR ANY COPY, OR PERMIT ANY
THIRD PARTY TO DO SO, EXCEPT AS EXPRESSLY PERMITTED BY THIS LICENSE.  IF
YOU DO SO, THIS AGREEMENT IS AUTOMATICALLY TERMINATED.

TERMINATION.  The license will terminate automatically if you fail to
comply with the limitations described herein. On termination, you must
destroy all copies of the Software and Documentation. Your obligations to pay
accrued charges and fees shall survive any termination of this Agreement.

TITLE.  Title, ownership rights, and intellectual property rights in the
Software shall remain in Sane Solutions, LLC. The Software is protected by
copyright and other intellectual property laws and by international treaties.
Title and related rights in the content accessed through the Software is the
property of the applicable content owner and may be protected by applicable
law. This license gives you no rights to such content. If you receive your
first copy of the Software electronically and a second copy on media, the
second copy may be used only for backup and archival purposes. This license
does not grant you any right to any enhancement or update to the Software.
You acknowledge Sane Solutions' ownership of all rights in the product,
including but not limited to the Java Scripts, Java class files, HTML files,
and binary files.

HIGH RISK ACTIVITIES.  The Software is not fault-tolerant and is not designed,
manufactured or intended for use or resale as on-line control equipment in
hazardous environments requiring fail-safe performance, such as in the
operation of nuclear facilities, aircraft navigation or communication
systems, air traffic control, direct life support machines, or weapons
systems, in which the failure of the Software could lead directly to death,
personal injury, or severe physical or environmental damage ("High Risk
Activities"). Sane Solutions, LLC specifically disclaims any express or
implied warranty of fitness for High Risk Activities.

LIMITATION OF LIABILITY.  UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY,
TORT, CONTRACT, OR OTHERWISE, SHALL SANE SOLUTIONS  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 SANE SOLUTIONS, LLC BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE
AMOUNT SANE SOLUTIONS, LLC RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE,
EVEN IF SANE SOLUTIONS, LLC 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
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

ANY IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY EXCLUDED.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU.  IN THAT EVENT, ANY IMPLIED WARRANTIES ARE
LIMITED IN DURATION TO 30 DAYS FROM THE DATE OF DELIVERY OF THIS PRODUCT.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS.  YOU MAY HAVE OTHER RIGHTS,
WHICH VARY FROM STATE TO STATE.

LIMITED WARRANTY.  Sane Solutions, LLC warrants that for a period of thirty
(30) days from the date of acquisition, the Software, if operated as directed,
will substantially achieve the functionality described in the Documentation.
Sane Solutions, LLC does not warrant, however, that your use of the Software
will be uninterrupted or that the operation of the Software will be error-free
or secure. In addition, the security mechanisms implemented by Sane Solutions,
LLC software have inherent limitations, and you must determine that the
Software sufficiently meets your requirements. Sane Solutions, LLC also
warrants that the media containing the Software, if provided by Sane
Solutions, LLC, is free from defects in material and workmanship and will so
remain for thirty (30) days from the date you acquired the Software. Sane
Solutions, LLC's sole liability for any breach of  this warranty shall be,
in Sane Solutions, LLC's sole discretion: (i) to replace your defective media
or Software; or (ii) to advise you how to achieve substantially the same
functionality with the Software as described in the Documentation through a
procedure different from that set forth in the Documentation; or (iii) if the
above remedies are impracticable, to refund the license fee you paid for the
Software. Repaired, corrected, or replaced Software and Documentation shall
be covered by this limited warranty for the period remaining under the
warranty that covered the original Software, or if  longer, for thirty (30)
days after the date (a) of shipment to you of the repaired or replaced
Software, or (b) Sane Solutions, LLC advised you how to operate the Software
so as to achieve the functionality described in the Documentation. Only if
you inform Sane Solutions, LLC of your problem with the Software during the
applicable warranty period and provide evidence of the date you purchased a
license to the Software will Sane Solutions, LLC be obligated to honor this
warranty. Sane Solutions, LLC will use reasonable commercial efforts to
repair, replace, advise or, for individual consumers, refund pursuant to
the foregoing warranty within 30 days of being so notified.

THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY SANE SOLUTIONS,
LLC OR ITS SUPPLIERS. SANE SOLUTIONS, LLC MAKES NO OTHER EXPRESS  WARRANTY AND
NO WARRANTY OF NONINFRINGEMENT OF THIRD PARTIES' RIGHTS. THE DURATION OF
IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF
MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, IS LIMITED TO THE
ABOVE LIMITED WARRANTY PERIOD; SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON
HOW LONG AN IMPLIED WARRANTY LASTS, SO LIMITATIONS MAY NOT APPLY TO YOU. NO
SANE SOLUTIONS, LLC DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY
MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY. If any modifications
 are made to the Software by you during the warranty period; if the media is
subjected to accident, abuse, or improper use; or if you violate the terms of
this Agreement, then this warranty shall immediately be terminated. This
warranty shall not apply if the Software is used on or in conjunction with
hardware or software other than the unmodified version of hardware and
software with which the Software was designed to be used as described in the
Documentation. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY
HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.


EXPORT CONTROLS.  None of the product or underlying information or technology
may be exported or reexported into Cuba, Iraq, Libya, Yugoslavia, North Korea,
Iran, Syria or any other country to which the U.S. has embargoed goods.

You are responsible for paying any sales or use tax imposed at any time
whatsoever on the license of this product.

U.S. GOVERNMENT RESTRICTED RIGHTS.  The Software and accompanying items are
provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the
Government is subject to restrictions as set forth is subparagraph (c)(1)(ii)
of The Rights in Technical Data and Computer Software Clause at DFARS 252.227-
7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software
Restricted Rights at 48CFR52,227-19, as applicable.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO
BE BOUND BY ITS TERMS AND CONDITIONS.  YOU FURTHER AGREE THAT IT IS THE
COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND SANE
SOLUTONS, LLC  RELATING TO THE USE OF THIS PRODUCT.

If you have any questions, contact Sane Solutions, LLC. at:

Sane Solutions, LLC
3 Preston Drive
Wickford, RI 02852, U.S.A.
Phone:    [phone]
Fax:    [phone]
Email:    [e-mail]