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- WINPROXY LICENSE AGREEMENT
-
- 1. NOTICE. READ THIS AGREEMENT CAREFULLY. OSITIS SOFTWARE
- IS WILLING TO LICENSE THE SOFTWARE TO YOU ONLY ON THE
- CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN
- THIS END-USER LICENSE AGREEMENT. YOU ACCEPT AND AGREE TO
- BE BOUND BY THIS LICENSE AGREEMENT BY CLICKING THE ICON
- LABELED "I ACCEPT" THAT IS DISPLAYED BELOW. IF YOU DO NOT
- AGREE TO THIS LICENSE, CLICK THE ICON LABELED "CANCEL," IN
- WHICH CASE THE INSTALLATION WILL BE CANCELED. PROMPTLY
- RETURN THE UNUSED SOFTWARE AND ALL ACCOMPANYING MATERIALS,
- ALONG WITH PROOF OF PAYMENT, TO THE AUTHORIZED DEALER FROM
- WHOM YOU OBTAINED IT FOR A FULL REFUND OF THE PRICE YOU
- PAID.
-
- 2. OWNERSHIP AND LICENSE. This is a non-exclusive license
- agreement and NOT an agreement for sale, concerning the use
- of WinProxy. Ositis Software and its licensors continue to
- own the copy of the computer programs, documentation, data,
- and other content provided to you, and all other copies
- that you are authorized by this Agreement to make (the
- "Software"). Your rights to use the Software are specified
- in this Agreement, and Ositis Software retains all rights
- not expressly granted to you in this Agreement. Nothing in
- this Agreement constitutes a waiver of Ositis Software's
- rights under U.S. or international copyright law or any
- other federal or state law. All content accessed through
- the Software is the property of the applicable content
- owner and may be protected by applicable copyright law.
- This license gives you no rights to such content.
-
- 3. PERMITTED USES. You are granted the following rights to
- the Software: (a) Right to Install and Use. You may
- install the Software on one computer connected to one local
- area network. The Software is "installed" on a computer
- when it is placed on a computer's hard disk or other
- secondary storage device. The Software is "in use" on a
- computer when it is executed or loaded into the computer's
- RAM or other primary memory. Notwithstanding the
- foregoing, no more than 250 clients on the local area
- network may have access to the anti-virus protection
- portions of the Software and accordingly, you shall disable
- such portions if more than 250 clients have access to the
- Software. If you install the Software on additional
- computers, or on more than one local area network, you must
- acquire additional licenses. (b) Right to Copy. You may
- copy the Software for back- up and archival purposes only,
- provided that the original is kept in your possession and
- that your installation and use of the Software does not
- exceed that allowed in the "Right to Install and Use"
- section above.
-
- 4. PROHIBITED USES. You may not, without written
- permission from Ositis Software: (a) Use, copy, modify,
- merge, or transfer copies of the Software except as
- expressly authorized in this Agreement; (b) Use any back-
- up or archival copies of the Software (or allow someone
- else to use such copies) for any purpose other than to
- replace an original copy if it is destroyed or becomes
- defective; (c) Disassemble, decompile or "unlock,"
- reverse translate, or in any manner decode the Software for
- any reason (except as expressly permitted by applicable
- law); (d) Place the Software onto a server so that it is
- accessible via a public network such as the Internet; or
- (e) Sublicense, lease, or rent the Software.
-
- 5. LIMITED WARRANTY. (a) Limited Warranty. Ositis
- Software warrants that, for thirty (30) days from the date
- you acquired it from us or our authorized dealers (1) the
- Software will perform substantially in accordance with the
- user documentation accompanying the Software, and (2) the
- media on which the Software is provided to you will be free
- from defects in materials and workmanship under normal use
- and service. (b) Exclusive Remedies. Ositis Software's
- entire liability and your sole and exclusive remedy for
- breach of the foregoing warranty shall be, at our option,
- to either (1) return the price you paid for the software,
- or (2) repair or replace the Software or media that does
- not meet the foregoing limited warranty if it is returned
- to us with a copy of your receipt. This limited warranty
- is void if failure of the Software is caused by accident,
- abuse, or violation of this license agreement. Any
- replacement Software will be warranted as above for the
- remainder of the original warranty period or thirty (30)
- days from the date we ship it to you, whichever is longer.
- (c) Warranty Disclaimer. OSITIS SOFTWARE DOES NOT WARRANT
- THAT THIS SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT ITS
- OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE
- EXTENT ALLOWED BY LAW, WE EXPRESSLY DISCLAIM ALL EXPRESS
- WARRANTIES NOT STATED HERE AND ALL IMPLIED WARRANTIES,
- INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
- FITNESS FOR A PARTICULAR PURPOSE. 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") OSITIS SOFTWARE SPECIFICALLY
- DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR
- HIGH RISK ACTIVITIES. IF THIS SOFTWARE QUALIFIES AS A
- "CONSUMER PRODUCT" UNDER THE MAGNUSON-MOSS WARRANTY ACT,
- ANY IMPLIED WARRANTIES ARE LIMITED TO THIRTY (30) DAYS FROM
- THE DATE YOU ACQUIRED THE SOFTWARE FROM OSITIS SOFTWARE OR
- FROM OUR AUTHORIZED DEALER, AND THEREAFTER ANY IMPLIED
- WARRANTIES ARE EXPRESSLY DISCLAIMED. SOME STATES DO NOT
- ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO
- THE ABOVE LIMITATION MAY NOT APPLY TO YOU. This limited
- warranty gives you specific legal rights, and you may also
- have other legal rights which vary from State to State.
-
- 6. LIMITATION OF LIABILITY. OSITIS SOFTWARE'S (INCLUDING
- OSITIS SOFTWARE'S LICENSORS) LIABILITY TO YOU FOR ANY
- LOSSES SHALL BE LIMITED TO DIRECT DAMAGES AND SHALL NOT
- EXCEED THE AMOUNT YOU ORIGINALLY PAID FOR THE SOFTWARE. IN
- NO EVENT WILL OSITIS SOFTWARE OR ITS LICENSORS BE LIABLE TO
- YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL
- DAMAGES (INCLUDING LOSS OF PROFITS), EVEN IF WE HAVE BEEN
- ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO
- NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
- CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION
- MAY NOT APPLY TO YOU.
-
- 7. UNITED STATES GOVERNMENT RESTRICTED RIGHTS. This
- section applies to all acquisitions of the Software by or
- for the federal government. By accepting delivery of the
- Software, the government hereby agrees that the Software
- qualifies as "commercial" computer software as that term
- is used in the acquisition regulations applicable to this
- procurement and that the government's use and disclosure of
- the Software is controlled by the terms and conditions of
- this Agreement to the maximum extent possible. This
- Agreement supersedes any contrary terms or conditions in
- any statement of work, contract, or other document that are
- not required by statute or regulation. If any provision of
- this Agreement is unacceptable to the government, Vendor
- may be contacted at Ositis Software, 6120 Stoneridge Mall
- Drive, Suite 210, Pleasanton, CA 94588, (925) 225-8900. If
- any provision of this Agreement violates applicable federal
- law or does not meet the government's actual, minimum
- needs, the government agrees to return the unused Software
- for a full refund. The following statement applies only to
- procurements governed by DFARS Part 227.4 (OCT 1988): The
- enclosed Software is provided with Restricted Rights --
- Use, duplication, or disclosure by the U.S. Government or
- any of its agencies or instrumentalities is subject to
- restrictions as set forth in subparagraph (c)(1)(ii) [or
- (i)] of the Rights in Technical Data and Computer Software
- clause at DFARS 252.227-7013 (OCT 1988). Contractor
- Manufacturer is Ositis Software, 6120 Stoneridge Mall
- Drive, Suite 210, Pleasanton, CA 94588.
-
- 8. EXPORT CONTROLS. You acknowledge that the Software is
- subject to the export control laws and regulations of the
- United States and any amendments thereof. You agree that
- you will not directly or indirectly transfer the Software
- except in compliance with all applicable U.S. export laws
- and regulations.
-
- 9. TERMINATION. This Agreement is effective until
- terminated. You may terminate this Agreement at any time
- by destroying all copies of the Software in your possession
- or by returning all such copies to Ositis Software. This
- Agreement and your right to use this Software automatically
- terminate if you fail to comply with any material provision
- of this Agreement. Your license to use this Software also
- terminates if you assign this Agreement to someone else.
- Upon termination, you must stop all use of the Software and
- must destroy any copies that remain in your possession.
- Otherwise, the restrictions on your rights to use the
- Software will end upon expiration of the copyright to the
- Software.
-
- 10. MISCELLANEOUS PROVISIONS. This Agreement will be
- governed by and construed according to the substantive laws
- of California [and not by the 1980 United Nations
- Convention on Contracts for the International Sale of
- Goods, as amended]. This is the entire agreement between
- us relating to the Software and supersedes any prior
- purchase order, communication, advertising, or
- representation concerning the Software. No change or
- modification of this Agreement will be valid unless it is
- in writing and is signed by Ositis Software. Canadian
- Transactions: If you acquired this Software in Canada, you
- agree to the following: The parties hereto have expressly
- required that the present Agreement and its Exhibits be
- drawn up in the English language./ Les parties aux
- presentes ont expressement exige que la presente
- convention et ses Annexes soient redigees en langue
- anglaise. If you have any questions about this Agreement,
- write to us at Ositis Software, 6120 Stoneridge Mall Drive,
- Suite 210, Pleasanton, CA 94588 or call us at (925) 225-
- 8900.
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