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LICENSE._XT
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1995-06-27
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5KB
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102 lines
<R>KUDO READER END USER LICENSE AGREEMENT
<R>NO FEE READ-ONLY VERSION
<N>BY CLICKING ON THE <R>" Yes " <N>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
<R>" No " <N>BUTTON AND THE INSTALLER WILL QUIT GRANT.
Imspace Systems Corporation ("Imspace") hereby grants you a
non-exclusive license to use its accompanying software product
("Software") free of charge if
(a) you do not try to sell, modify, or otherwise alter the software
in any way;
or (b) all documentation is included with the distribution of this
software product. If you fit within the above description, you
may: use the Software on any computer; you may copy the
Software for archival purposes, provided any copy contain all
of the original Software's proprietary notices. You may not:
permit other individuals to use the Software except under the
terms listed above; modify, translate, reverse engineer,
decompile, disassemble (except to the extent applicable laws
specifically prohibit such restriction), or create derivative
works based on the Software; copy the Software (except for
back-up purposes); rent, lease, transfer or otherwise transfer
rights to the Software; or remove any proprietary notices or
labels on the Software.
<R>TITLE.
<N>Title, ownership rights, and intellectual property rights in
and to the Software shall remain with Imspace. 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.
<R>DISCLAIMER OF WARRANTY.
<N>The Software is provided on an "AS IS" basis, without warranty
of any kind, including without limitation the warranties of
merchantability, fitness for a particular purpose and
non-infringement. The entire risk as to the quality and
performance of the Software is borne by you. Should the
Software prove defective, you and not Imspace assume the entire
cost of any service and repair. In addition, the security
mechanism implemented by the Software has inherent limitations,
and you must determine that the Software sufficiently meets
your requirements. This disclaimer of warranty constitutes an
essential part of the agreement.
<R>SOME STATES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY,
<N>SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND 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 IMSPACE 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. 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. TERMINATION.
This license will terminate automatically if you fail to comply
with the limitations described above. On termination, you must
destroy all copies of the Software. EXPORT CONTROLS. None of
the Software 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
(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, 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.
<R>MISCELLANEOUS.
<N>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.
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 the United Nations Convention of Contracts for
the International Sale of Goods is expressly excluded.
Contractor/manufacturer is:
<R>Imspace Systems Corporation,
2665 Ariane Drive Suite 207
San Diego, CA 92117.