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- Net Nanny Ltd.
- SOFTWARE LICENSE AGREEMENT
-
- IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE
- OPENING THE ACCOMPANYING SOFTWARE (THE "SOFTWARE") PACKAGE
- OR CONTINUING WITH THE INSTALLATION PROCESS OF THE
- SOFTWARE. BY CLICKING ON THE "YES" BUTTON, OR
- BY OPENING THE SOFTWARE PACKAGE, YOU AGREE TO BE BOUND BY
- THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE
- TERMS OF THIS AGREEMENT, CLICK THE "NO" BUTTON
- TO TERMINATE THE INSTALLATION PROCESS OR PROMPTLY RETURN
- THE UNOPENED PACKAGE AND THE REST OF THE PRODUCT TO YOUR
- SUPPLIER FOR A FULL REFUND.
-
-
- 1. License. If you have purchased a license to the Software,
- Net Nanny Ltd. ("Net Nanny") grants you a non-exclusive
- right and license to use the Software and the related
- documentation (the "Documentation") as set forth in this
- Agreement. You may use the Software on a single computer.
- You may also use the Software on a second (portable or home)
- computer so long as only one copy is used at a time. You may
- make a single copy of the Software for backup and archival purposes
- only provided that any copy must contain all proprietary notices
- included in the original. You may use the Documentation to assist
- in your use of the Software. If you download the Software without
- physical delivery of Documentation, you may review the
- Documentation online, but you may not make further copies of
- the Documentation. You own the media on which the Software
- is recorded, but not the Software itself or any copy of it.
- This license is not a sale of the original or any copy of the
- Software.
-
- If you have obtained an evaluation copy of the Software, and
- have not purchased a license to the Software, Net Nanny
- grants you a 30-day non-exclusive license to use the Software
- free of charge for the purpose of evaluating whether you wish
- to purchase an ongoing license for the Software. WARNING:
- Evaluation copies of the Software will become non-functional
- thirty (30) days following initial installation in your
- computer. Net Nanny disclaims all liability and
- responsibility for any loss of data or other information
- which may occur as a result thereof.
-
-
- 2. Copying, Transferring or Modifying Software. The Software
- contains copyrighted material, trade secrets and other
- proprietary intellectual property. You may not permit
- concurrent use of the Software unless each user has an
- applicable license. You may not permit other individuals to
- use the Software except under the terms listed above. You
- may not decompile, disassemble, reverse-engineer or otherwise
- display the Software in human-readable form. You may not
- modify, translate, rent, lease, distribute or lend the
- Software, and you may not sell to others the right to use the
- Software on your computer. You may not remove any
- proprietary notices or labels on the Software. You may not
- copy, transfer, transmit, sublicense or assign this license
- or the Software except as expressly permitted in this
- Agreement. You agree that the terms of this paragraph apply
- to the Software or any portion thereof, whether owned by
- Net Nanny or Net Nanny licensors, including without
- limitation Net Nanny Software International Incorporated.
-
-
- 3. Net Nanny Ltd. assumes no responsibility or Liability for the
- lists supplied with this version of Net Nanny.
-
- These lists are supplied as a customer service by Net Nanny Ltd.
- By using this version, the user of this software assumes all
- Liability for this database and absolves Net Nanny of any Liability
- while using this software or database.
-
-
- 4. Term. If you have purchased a license to the Software, this
- Agreement and license are effective from the time you accept
- the terms of this Agreement until this Agreement is
- terminated. You may terminate this Agreement at any time by
- destroying all copies of the Software. This Agreement will
- terminate immediately and without further notice if you fail
- to comply with any provision of this Agreement. All
- obligations of confidentiality and restrictions on use, and
- all other provisions that may reasonably be interpreted to
- survive termination of this Agreement, will survive
- termination of this Agreement for any reason. Upon
- termination, you agree to destroy all copies of the Software.
-
- If you have obtained an evaluation copy of the Software, and
- have not purchased a license to the Software, this Agreement
- and license are effective for a period of 30 days from the
- date of installation of the Software.
-
-
- 5. Limited Warranty. If you have purchased a license to the
- Software, if the Software is delivered using a computer
- storage media such as a CD ROM or diskette, Net Nanny
- warrants that the media on which the Software is furnished
- will be free from defects in materials and workmanship under
- normal use for ninety (90) days from the date you received
- the Software, as shown by your receipt. This warranty is
- limited to you and is not transferable. This warranty does
- not cover damage caused by improper use or neglect.
- Net Nanny's entire liability and your exclusive remedy shall
- be, at Net Nanny's option (i) to replace the defective media;
- (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) to refund the license
- fee you paid for the Software.
-
- If you have obtained an evaluation copy of the Software, and
- have not purchased a license to the Software, Net Nanny
- makes no warranties of any kind with respect to the media (if
- any) on which the Software is furnished, and such media is
- provided "as is" and without warranties of any kind.
-
-
- 6. Warranty Disclaimers. THE SOFTWARE, THE DOCUMENTATION AND
- (EXCEPT AS PROVIDED IN SECTION 6) THE MEDIA UPON WHICH THE
- SOFTWARE IS RECORDED (IF ANY) ARE PROVIDED "AS IS" AND
- WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR
- IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
- WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
- PURPOSE. The entire risk as to the quality and performance
- of the Software and the Documentation is with you. Should
- the Software or the Documentation prove defective, you (and
- not Net Nanny or its distributors, licensors or dealers)
- assume the entire cost of all necessary servicing or repair.
-
- Net Nanny does not warrant that the functions contained in
- the Software will meet your requirements or operate in the
- combination that you may select for use, that the operation
- of the Software will be uninterrupted or error free, or that
- defects in the Software will be corrected. No oral or
- written statement by Net Nanny or by a representative of
- Net Nanny shall create a warranty or increase the scope of
- this warranty.
-
- Net Nanny DOES NOT WARRANT THE SOFTWARE AGAINST INFRINGEMENT
- OR THE LIKE WITH RESPECT TO ANY COPYRIGHT, PATENT, TRADE
- SECRET, TRADEMARK OR OTHER PROPRIETARY RIGHT OF ANY THIRD
- PARTY AND DOES NOT WARRANT THAT THE SOFTWARE DOES NOT INCLUDE
- ANY VIRUS, SOFTWARE ROUTINE OR OTHER SOFTWARE DESIGNATED TO
- PERMIT UNAUTHORIZED ACCESS, TO DISABLE, ERASE OR OTHERWISE
- HARM SOFTWARE, HARDWARE OR DATA, OR TO PERFORM ANY OTHER SUCH
- ACTIONS.
-
- Any warranties that by law survive the foregoing disclaimers
- shall terminate ninety (90) days from the date you received
- the Software as shown by your receipt.
-
-
- 7. Limitation of Liability. YOUR SOLE REMEDIES AND Net Nanny's
- ENTIRE LIABILITY ARE SET FORTH ABOVE. IN NO EVENT WILL
- Net Nanny OR ITS DISTRIBUTORS OR DEALERS BY LIABLE FOR
- DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES
- RESULTING FROM THE USE OF THE SOFTWARE, THE INABILITY TO USE
- THE SOFTWARE, OR ANY DEFECT IN THE SOFTWARE, INCLUDING ANY
- LOST PROFITS, EVEN IF THEY HAVE BEEN ADVISED OF THE
- POSSIBILITY OF SUCH DAMAGE.
-
- You agree that Net Nanny and its distributors and dealers
- will not be liable for defense or indemnity with respect to
- any claim against you by any third party arising from your
- possession or use of the Software or the Documentation.
-
- In no event will Net Nanny's total liability to you for all
- damages, losses, and causes of action (whether in contract,
- tort, including negligence, or otherwise) exceed the amount
- you paid for this product.
-
- SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED
- WARRANTY LASTS, AND SOME STATES DO NOT ALLOW THE EXCLUSION OR
- LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
- ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS
- WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO
- HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
-
- 8. High Risk Activities. The Software is not fault-tolerant and
- is not designed, manufactured or intended for use or resale
- as online equipment 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. Net Nanny and
- its suppliers specifically disclaim any express or implied
- warranty of fitness for any high risk uses listed above.
-
- 9. The Software (i) was developed at private expense, and no
- part of it was developed with governmental funds; (ii) is a
- trade secret of Net Nanny (or its licensor(s)) for all
- purposes of the Freedom of Information Act; (iii) is
- "restricted computer software" subject to limited utilization
- as provided in the contract between the vendor and the
- governmental entity; and (iv) in all respects is proprietary
- data belonging solely to Net Nanny (or its licensor(s)).
-
-
- 10. Governing Law and Interpretation. This Agreement shall be
- interpreted under and governed by the laws of the Province of
- British Columbia, without regard to its rules governing the
- conflict of laws. If any provision of this Agreement is held
- illegal or unenforceable by a court or tribunal of competent
- jurisdiction, the remaining provisions of this Agreement
- shall remain in effect and the invalid provision deemed
- modified to the least degree necessary to remedy such
- invalidity.
-
-
- 11. Entire Agreement. This Agreement is the complete agreement
- between Net Nanny and you and supersedes all prior
- agreements, oral or written, with respect to the subject
- matter hereof.
-
- If you have any questions concerning this Agreement, you may
- write to Net Nanny Ltd., 525 Seymour Street, Suite 108,
- Vancouver, BC, Canada V6B-3H7
-