Chip 2003 January/01_03.iso/software/ghostzilla_hit/files/ghostzilla-1.0-plus-install.exe/chrome/help.jar/content/help/license.txt

Text File | 2002-10-13 | 8.6 KB | 182 lines

GHOSTZILLA 1.0 PLUS (FULL VERSION)
END USER LICENSE AGREEMENT

Software License Agreement for Ghostzilla 1.0 Plus

IMPORTANT- PLEASE READ CAREFULLY: BY INSTALLING THE
SOFTWARE (AS DEFINED BELOW), COPYING THE SOFTWARE AND/OR
CLICKING ON THE "I AGREE" BUTTON BELOW, YOU (EITHER ON
BEHALF OF YOURSELF AS AN INDIVIDUAL OR ON BEHALF OF AN
ENTITY AS ITS AUTHORIZED REPRESENTATIVE) AGREE TO ALL OF
THE TERMS OF THIS END USER LICENSE AGREEMENT ("AGREEMENT")
REGARDING YOUR USE OF THE SOFTWARE, THUS CONSENTING TO BE
BOUND BY AND BECOME A PARTY TO THIS AGREEMENT AS THE
"LICENSEE." IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF
THIS AGREEMENT, CLICK ON THE "CANCEL" BUTTON AND/OR DO NOT
INSTALL, COPY OR OTHERWISE USE THE SOFTWARE.

1. GRANT OF LICENSE: Subject to the terms below, Davor Magdic
("Licensor") hereby grants you a non-exclusive, non-
transferable license to install and to use the
downloadable, executable version of Ghostzilla 1.0 Plus
("Software"). This license does not entitle
Licensee to receive from the Licensor hard-copy
documentation, technical support, telephone assistance, or
enhancements or updates to the Software.

2. RESTRICTIONS: You may not: (i) reverse engineer,
decompile, or disassemble the Software, except for
portions of the Software created from source code governed
by Netscape Public License or Mozilla Public License; (ii)
modify, or create derivative works based upon the
Software; (iii) distribute copies of the Software or its
parts; (iv) remove any proprietary notices or labels on
the Software; or (v) resell, lease, rent, transfer,
sublicense, or otherwise transfer rights to the Software
or its parts.

3.  USE AND AVAILABILITY OF OPEN SOURCE CODE.  Portions of
the Software were created using source code governed by
the Netscape Public License (NPL) and the Mozilla Public
License (MPL). The original source code for the portions
of the Software governed by the NPL and MPL is available
from http://www.mozilla.org under those licenses. Covered
Code (as defined in MPL) that was combined with Licensor's
proprietary code not governed by MPL to form a Larger Work
(as defined in MPL) and whose result is the Software, is
available for download at no charge at
http://www.ghostzilla.com/source. This Agreement in no
aspect limits or alters your rights in the Source Code
version as defined in the MPL.

4. TITLE: You acknowledge that no title to the
intellectual property in the Software is transferred to
you. Title, ownership, rights, and intellectual property
rights in and to the Software shall remain in the
Licensor, without limiting or altering in any aspect your
rights in the Source Code version as defined in the MPL.

5. TERMINATION: This Agreement and the rights granted
thereunder shall terminate automatically if you fail to
comply with the limitations described in this Agreement.
Provisions which, by their nature, must remain in effect
beyond the termination of this Agreement shall survive.

6. DISCLAIMER OF WARRANTY: YOU AGREE THAT THE LICENSOR HAS
MADE NO EXPRESS WARRANTIES, ORAL OR WRITTEN, TO YOU
REGARDING THE SOFTWARE AND THAT THE SOFTWARE IS BEING
PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND,
INCLUDING WITHOUT LIMITATION THE WARRANTIES THAT IT IS
FREE OF DEFECTS, VIRUS FREE, ABLE TO OPERATE ON AN
UNINTERRUPTED BASIS,  MERCHANTABLE, FIT FOR A PARTICULAR
PURPOSE OR NON-INFRINGING. THE LICENSOR DISCLAIMS ANY AND
ALL OTHER WARRANTIES, WHETHER EXPRESSED, IMPLIED, OR
STATUTORY, INCLUDING, BUT WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF NONINFRINGEMENT OF THIRD PARTY RIGHTS,
MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. THE
LICENSOR SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL,
SPECIAL, COVER, RELIANCE, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, LOSS OF ANTICIPATED
PROFIT) ARISING FROM ANY CAUSE UNDER OR RELATED TO THIS
AGREEMENT.  THIS DISCLAIMER OF WARRANTY CONSTITUTES AN
ESSENTIAL PART OF THIS AGREEMENT.  NO USE OF THE SOFTWARE
IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

7.  LIMITATION OF LIABILITY: You must assume the entire
risk of using the program. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR HIS
AFFILIATES OR THEIR RESPECTIVE SUPPLIERS OR RESELLERS OR
ANY OPEN SOURCE CONTRIBUTORS BE LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT
OF THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF
GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION,
OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF
ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE
LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE)
UPON WHICH THE CLAIM IS BASED.  IN ANY CASE, LICENSOR'S
AND ITS AFFILIATES' ENTIRE COLLECTIVE LIABILITY UNDER ANY
PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE
AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS
LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE SOFTWARE
RECEIVED BY LICENSOR UNDER A SEPARATE SUPPORT AGREEMENT
(IF ANY) AND REPLACEMENT OF DEFECTIVE MEDIA OR PROVISION
OF A REASONABLY SIMILAR SOFTWARE, AS DETERMINED AT
LICENSOR'S SOLE DISCRETION (THE REPLACEMENT SOFTWARE MAY
NOT PERFORM ALL OF THE FEATURES AND FUNCTIONS OF THE
ORIGINAL SOFTWARE), WITH
THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE
NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW
PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES.  SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO THIS
EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.  LICENSOR
IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF
CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS
ACCESSED THROUGH THE SOFTWARE AND/OR ANY MATERIAL LINKED
THROUGH SUCH CONTENT. LICENSOR IS NOT RESPONSIBLE FOR ANY
LIABILITY, WHETHER FOR INFRINGEMENT OR OTHERWISE, ARISING
OUT OF THE USE OF THOSE PORTIONS OF THE SOFTWARE AVAILABLE
FROM HTTP://WWW.MOZILLA.ORG.

8. SUPPORT AND MAINTENANCE.
Licensor offers no support (including technical support)
or maintenance of the Software. Licensee accepts that
there is no obligation from the Licensor or his affiliates
or their respective suppliers or resellers to provide such
support. Licensor may, at its option, publish on its
website a list of Frequently Asked Questions (FAQ)
concerning the Software without obligation to continue
doing so or to maintain said list.

9. RETURN AND REFUND POLICY.
The Licensor allows no returns and will make no refunds.

10. MISCELLANEOUS:
Severability.
In the event of invalidity of any provision of this
Agreement, the parties agree that such invalidity shall
not affect the validity of the remaining portions of this
Agreement.

Export/Import.
Licensee agrees to comply with all export and import laws
and restrictions and regulations of the United States and
foreign countries, and not to export, re-export or import
the Software or any direct product thereof in violation of
any such restrictions, laws or regulations, or without all
necessary authorizations.  Neither the Software nor the
underlying information or technology may be downloaded or
otherwise exported or re-exported (i) to Cuba, Iran, Iraq,
Libya, North Korea, Sudan, Syria, the Taliban-controlled
areas of Afghanistan, or any other country subject to U.S.
trade sanctions applicable to the Software, to individuals
or entities controlled by such countries, or to nationals
or residents of such countries other than nationals who
are lawfully admitted permanent residents of countries not
subject to such sanctions; or (ii) to any named party or
individual on the U.S. Department of Treasury, Office of
Foreign Assets Control list of Specially Designated
Nationals and Blocked Persons, and/or the U.S. Department
of Commerce, Bureau of Export Administration Denied
Persons List or Entity List.  By downloading or using the
Software, Licensee agrees to the foregoing and represents
and warrants that it complies with these conditions.

Governing Law.
This Agreement will be governed by the laws of the State
of California as they are applied to agreements between
California residents entered into and to be performed
entirely within California. The United Nations Convention
on Contracts for the International Sale of Goods is
specifically disclaimed.

Entire Agreement.
You agree that this is the entire agreement between you
and the Licensor, which supersedes any prior agreement,
whether written or oral, and all other communications
between the Licensor and you relating to the subject
matter of this Agreement.

Copyright (c) 2002 Davor Magdic ([e-mail])