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LICENSE.TXT
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1997-01-01
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9KB
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ParaGraph International Electronic End User
License Agreement
NOTICE TO USER:
THIS IS A CONTRACT. BY ACCESSING THE VIRTUAL HOME SPACE
BUILDER (RESTRICTED FUNCTIONALITY/EVALUATION VERSION),
YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS
AGREEMENT. THIS IS AN EVALUATION VERSION OF THE VIRTUAL
HOME SPACE BUILDER (TM) AND HAS LIMITED FUNCTIONALITY
AND CAPABILITY.
GRANT. ParaGraph International, Inc., with its principal place of business at
1688 Dell Avenue, Campbell, California 95008 ("ParaGraph") hereby grants
to you a non-exclusive license to use the Virtual Home Space Builder
(Evaluation version) (the "Software") and accompanying documentation
("Documentation") on the following terms:
You may:
(i) use the Software on any single computer for evaluation purposes only;
(ii) use the Software on a second computer so long as the first and second
computers are not used simultaneously; and
(iii) make a copy of the Software for archival purposes, provided any copy
contains all of the original Software's proprietary notices. The Software is in
"use" when it is loaded into RAM, installed on a hard disk, or installed on
another storage device.
You may not:
(i) modify, translate, reverse engineer, decompile, disassemble, create
derivative works based on the Software, or any portion thereof, or
Documentation; or attempt to increase the functionality of the Software in
any manner;
(ii) copy the Software (except for back-up purposes) or Documentation;
(iii) rent, lease, or otherwise transfer rights to the Software or
Documentation; or
(iv) remove any proprietary notices or labels on or in the Software or
Documentation.
SOFTWARE If you receive your first copy of the Software electronically,
and a second copy on media, the second copy may be used for archival
purposes only. This license does not grant you any right to any
enhancement or update.
TITLE. Title, ownership rights, and intellectual property rights in and to the
Software and Documentation shall remain in ParaGraph 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 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.
LIMITED WARRANTY. You acknowledge and agree that the Software is
an evaluation version and as such
(i) the Software has limited functionality and is not expected to function
fully upon installation and
(ii) that use of the Software may result in unexpected results, loss of data,
project delays or other unpredictable damage or loss.
THE SOFTWARE IS PROVIDED "AS-IS" AND PARAGRAPH DISCLAIMS
ALL EXPRESS WARRANTIES, CONDITIONS, OR REPRESENTATIONS
AND ALL IMPLIED WARRANTIES, CONDITIONS, AND
REPRESENTATIONS, INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD
PARTY RIGHTS. AS SOME STATES OR JURISDICTIONS DO NOT
ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES
OR CONDITIONS, THIS EXCLUSION MAY NOT APPLY TO YOU. NO
PARAGRAPH DEALER, AGENT, OR EMPLOYEE, OR ANY OTHER
PARTY IS AUTHORIZED TO MAKE WARRANTIES OR CONDITIONS
ON PARAGRAPH'S BEHALF.
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 PARAGRAPH OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO
YOU OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING
WITHOUT LIMITATION 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, EVEN IF
PARAGRAPH 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. PARAGRAPH SHALL NOT BE LIABLE FOR
ANY DAMAGES UNDER THIS AGREEMENT.
TERM AND TERMINATION. This Agreement will terminate automatically if
you fail to comply with the limitations described above. On termination, you
must
(i) discontinue your use of the Software and
(ii) permanently erase or destroy all copies of the Software and
Documentation.
EXPORT CONTROLS. None of the Software, portions thereof, or
underlying information or technology may be downloaded or otherwise
exported or reexported
(i) into (or to a national or resident of) Cuba, Iraq, Libya, Yugoslavia, North
Korea, Iran, Syria or any other country to which the U.S. has embargoed
goods or for which export is otherwise restricted or prohibited; or
(ii) to anyone on the U.S. Treasury Department's list of Specially
Designated Nationals or the U.S. Commerce Department's Table of Deny
Orders. By downloading or using the Software, or any portion thereof, you
are agreeing to the foregoing and you are representing and warranting that
you are not located in, under the control of, or a national or resident of any
such country or on any such list.
MISCELLANEOUS. This Agreement represents the complete agreement
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. THE ACCEPTANCE OF ANY
PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE
CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH
HEREIN, AND NOT THOSE CONTAINED IN YOUR PURCHASE ORDER. 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. 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 within California, except as
governed by Federal law. The application of the United Nations Convention
on Contracts for the International Sale of Goods is expressly excluded.
U.S. Government End Users. The Software and Documentation are
"commercial computer software" and "commercial computer software
documentation" as such terms are used in 48 C.F.R. 12.212 (SEPT 1995).
Consistent with 48 C.F.R. 12.212 (SEPT 1995) and 48 C.F.R. 227.7202-1 (JUN
1995) and 227.7202-3 (JUN 1995), all Government end users acquire the
Software and Documentation under the terms and conditions herein.