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- This Agreement has 3 parts. Part I applies if you have
- not purchased a license to the accompanying software (the
- "Software"). Part II applies if you have purchased a
- license to the Software. Part III applies to all license
- grants. If you initially acquired a copy of the Software
- without purchasing a license and you wish to purchase a
- license, contact Live Picture, Inc. ("Live Picture") on the
- Internet at http://www.livepix.com or at http://www.livepicture.com.
-
- PART I -- TERMS APPLICABLE WHEN LICENSE FEES NOT (YET)
- PAID (LIMITED TO EVALUATION, EDUCATIONAL AND NON-PROFIT
- USE) GRANT
-
- Live Picture grants you a non-exclusive license to use
- the Software free of charge if your use of the Software
- is for the purpose of evaluating whether to purchase an
- ongoing license to the Software. The evaluation period
- for use by or on behalf of a commercial entity is
- limited to 60 days; evaluation use by others is not
- subject to this 60 day limit. If you are using the
- Software free of charge, you are not entitled to
- hard-copy documentation, support or telephone assistance.
- If you fit within the description above, you may use the
- Software in the manner described in Part III below under
- "Scope of Grant."
-
- DISCLAIMER OF WARRANTY
-
- Free of charge 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 Live Picture assume the entire cost of any
- service and repair. In addition, the security mechanisms
- implemented by LivePix software have inherent
- limitations, and you must determine that the Software
- sufficiently meets your requirements. This disclaimer of
- warranty constitutes an essential part of the agreement.
- SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED
- WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND
- YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY
- JURISDICTION.
-
- PART II -- TERMS APPLICABLE WHEN LICENSE FEES PAID
-
- GRANT. Subject to payment of applicable license fees,
- Live Picture grants to you a non-exclusive license to use
- the Software and accompanying documentation
- ("Documentation") in the manner described in Part III below
- under "Scope of Grant."
-
- LIMITED WARRANTY.
-
- Live Picture warrants that for a period of ninety (90) days
- from the date of acquisition, the Software, if operated
- as directed, will substantially achieve the functionality
- described in the Documentation. Live Picture does not
- warrant, however, that your use of the Software will be
- uninterrupted or that the operation of the Software will
- be error-free or secure. In addition, the security
- mechanisms implemented by LivePix software have inherent
- limitations, and you must determine that the Software
- sufficiently meets your requirements. Live Picture also
- warrants that the medium containing the Software, if
- provided by Live Picture, is free from defects in material
- and workmanship and will so remain for ninety (90) days
- from the date you acquired the Software. Live Picture's
- sole liability for any breach of this warranty shall be, in
- Live Picture's sole discretion: (i) to replace your
- defective medium; or (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) if the
- above remedies are impracticable, to refund the license fee
- you paid for the Software. Repaired, corrected, or replaced
- Software and Documentation shall be covered by this
- limited warranty for the period remaining under the
- warranty that covered the original Software, or if
- longer, for thirty (30) days after the date (a) of
- shipment to you of the repaired or replaced Software, or
- (b) Live Picture advised you how to operate the Software so
- as to achieve the functionality described in the
- Documentation. Only if you inform Live Picture of your
- problem with the Software during the applicable warranty
- period and provide evidence of the date you purchased a
- license to the Software will Live Picture be obligated to
- honor this warranty. Live Picture will use reasonable
- commercial efforts to repair, replace, advise or, for
- individual consumers, refund pursuant to the foregoing
- warranty within 30 days of being so notified.
-
- THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY
- MADE BY LIVE PICTURE. LIVE PICTURE MAKES NO OTHER
- EXPRESSED OR IMPLIED WARRANTY AND NO WARRANTY OF
- NONINFRINGEMENT OF THIRD PARTIES' RIGHTS, INCLUDING
- WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND
- OF FITNESS FOR A PARTICULAR PURPOSE. IF SUCH DISCLAIMER
- IS NOT PERMITTED BY LAW, THE DURATION OF ANY SUCH
- IMPLIED WARRANTIES IS LIMITED TO 60 DAYS FROM THE DATE
- OF DELIVERY.
-
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
- WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED
- WARRANTY MAY LAST, OR THE EXCLUSION OR LIMITATION OF
- INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SUCH LIMITATION
- OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES
- YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER
- RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
- NO LIVE PICTURE DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED
- TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO
- THIS WARRANTY.
-
- If any modifications are made to the Software by you
- during the warranty period, if the media is subjected to
- accident, abuse, or improper use, or if you violate the
- terms of this Agreement, then this warranty shall
- immediately be terminated. This warranty shall not apply
- if the Software is used on or in conjunction with hardware
- or software other than the unmodified version of hardware
- and software with which the software was designed to be
- used as described in the Documentation. THIS WARRANTY
- GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER
- LEGAL RIGHTS THAT VARY BY JURISDICTION.
-
- PART III -- TERMS APPLICABLE TO ALL LICENSE GRANTS
-
- SCOPE OF GRANT.
-
- You may:
- * use the Software on any single computer;
- * use the Software on a network, provided that each
- person accessing the Software through the network
- must have a copy licensed to that person;
- * use the Software on a second computer so long as only
- one copy is used at a time;
- * copy the Software for archival purposes, provided any
- copy must contain all of the original Software's
- proprietary notices; or
-
-
- You may not:
- * permit other individuals to use the Software except
- under the terms listed above;
- * permit concurrent use of the Software;
- * 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 other than as specified above;
- * rent, lease, grant a security interest in, or
- otherwise transfer rights to the Software; or
- * remove any proprietary notices or labels on the
- Software.
-
- TITLE.
-
- Title, ownership rights, and intellectual property rights
- in the Software shall remain in Live Picture and/or its
- suppliers. The Software is protected by the copyright
- laws and treaties. Title and related rights in the
- content accessed through the Software is the property of
- the applicable content owner and may be protected by
- applicable law. This License gives you no rights to such
- content.
-
- TERMINATION.
-
- The license will terminate automatically if you fail to
- comply with the limitations described herein. On
- termination, you must destroy all copies of the Software
- and Documentation.
-
- 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 Denial 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.
-
- In addition, if the licensed Software is identified as a
- not-for-export product (for example, on the box, media or
- in the installation process), then the following applies:
- EXCEPT FOR EXPORT TO CANADA FOR USE IN CANADA BY
- CANADIAN CITIZENS, THE SOFTWARE AND ANY UNDERLYING
- TECHNOLOGY MAY NOT BE EXPORTED OUTSIDE THE UNITED
- STATES OR TO ANY FOREIGN ENTITY OR "FOREIGN PERSON"
- AS DEFINED BY U.S. GOVERNMENT REGULATIONS, INCLUDING
- WITHOUT LIMITATION, ANYONE WHO IS NOT A CITIZEN,
- NATIONAL OR LAWFUL PERMANENT RESIDENT OF THE UNITED
- STATES. BY DOWNLOADING OR USING THE SOFTWARE, YOU
- ARE AGREEING TO THE FOREGOING AND YOU ARE WARRANTING
- THAT YOU ARE NOT A "FOREIGN PERSON" OR UNDER THE
- CONTROL OF A FOREIGN PERSON.
-
- LIMITATION OF LIABILITY
-
- UNDER NO CIRCUMSTANCES AND UNDER
- NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL
- LIVE PICTURE OR ITS SUPPLIERS OR RESELLERS 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. IN NO EVENT WILL LIVE PICTURE BE LIABLE FOR ANY
- DAMAGES IN EXCESS OF THE AMOUNT LIVE PICTURE RECEIVED
- FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF
- LIVE PICTURE 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 JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
- LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
- SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
-
- HIGH RISK ACTIVITIES.
-
- 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"). Live Picture and its suppliers
- specifically disclaim any express or implied warranty of
- fitness for High Risk Activities.
-
- MISCELLANEOUS.
-
- If the copy of the Software you received was accompanied
- by a printed or other form of "hard-copy" End User
- License Agreement whose terms vary from this Agreement,
- then the hard-copy End User License Agreement governs
- your use of the Software. This Agreement represents the
- complete agreement concerning this license and may
- 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 IN YOUR PURCHASE ORDER.
- If any provision of this Agreement is held to be
- unenforceable, such provision shall be reformed only to
- the extent necessary to make it enforceable. This
- Agreement shall be governed by California law (except for
- conflict of law provisions). The application the United
- Nations Convention of Contracts for the International
- Sale of Goods is expressly excluded.
-
- U.S. GOVERNMENT RESTRICTED RIGHTS.
- Use, duplication or disclosure by the Government is subject
- to restrictions set forth in subparagraphs (a) through (d) of the
- Commercial Computer-Restricted Rights clause at FAR
- 52.227-19 when applicable, or in subparagraph (c)(1)(ii)
- of the Rights in Technical Data and Computer Software
- clause at DFARS 252.227-7013, or at 252.211-7015, or to
- Live Picture's standard commercial license, as applicable,
- and in similar clauses in the NASA FAR Supplement.
-
- Contractor/manufacturer is Live Picture, Inc.
- 910 East Hamilton Ave., Suite 300
- Campbell, California 95008 USA
-