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- SECURE UP CORPORATION END-USER LICENSE AGREEMENT
-
- DO NOT USE THIS PRODUCT UNTIL LICENSEE HAS CAREFULLY
- READ THE FOLLOWING TERMS AND CONDITIONS. USING THIS
- PRODUCT INDICATES THAT THE SINGLE END-USER OF THE
- ENCLOSED SOFTWARE (THE "LICENSEE") ACCEPTS THESE
- TERMS AND CONDITIONS. IF LICENSEE AGREES TO ALL
- TERMS AND CONDITIONS, CLICK ON THE 'I AGREE' BUTTON;
- OTHERWISE, CLICK ON THE 'EXIT' BUTTON.
-
- ENTIRE AGREEMENT
- Licensee acknowledges that Licensee has read this agreement
- and understands this agreement (the "Agreement") is the final,
- complete and exclusive statement of the entire agreement between
- Secure Up Computer Corporation ("Secure Up") and Licensee. This Agreement
- supersedes any prior and contemporaneous proposals, purchase
- orders, advertisements, and all other communications in relation
- to the subject matter of this agreement, whether oral or written.
- No terms or conditions, other than those contained in this
- Agreement, and no other understanding or agreement which in any
- way modifies these terms and conditions, shall be binding upon
- Secure Up unless made by a written agreement, executed by duly
- authorized representatives of both Secure Up and Licensee.
-
- LICENSED SOFTWARE AND DOCUMENTATION LICENSE
- 1. Licensee may not alter, assign, create derivative works,
- decompile, disassemble, distribute, lease, modify, reverse
- engineer, sublicense, transfer or translate in any way the
- Licensed Software or Documentation.
- 2. If either the Licensed Software or Documentation is used in any
- way not expressly and specifically permitted by this License,
- then the License shall immediately terminate. Upon the
- termination of the License, Licensee shall thereafter make no
- further use of the Licensed Software or Documentation, and
- Licensee shall delete all licensed materials from the Central
- Processing Unit.
- WARRANTIES
- 1. NO WARRANTY ON LICENSED SOFTWARE OR DOCUMENTATION.
- Secure Up licenses the Licensed Software and Documentation solely on
- an "AS IS" basis without warranties of any kind, such as
- warranties of merchantability or fitness for any particular
- purpose. The entire risk of quality and performance is with
- Licensee. The Software and Documentation are not represented to
- be error-free. If either the Licensed Software, Documentation
- or both prove to be defective, Licensee assumes the entire cost
- of all servicing, correction or repair.
- 2. The foregoing warranty gives Licensee specific legal rights, and
- Licensee may also have other rights which vary from state to
- state. Some states do not allow the limitation or exclusion of
- implied warranties, so the above limitations may not apply to
- Licensee.
- 3. In no event shall Secure Up be liable for any other obligations or
- liabilities including, but not limited to, liability for damages
- (whether general or special, direct or indirect, consequential,
- incidental, exemplary), or for any claim for the loss of profits,
- business or information, or damage to good will even if Secure Up has
- been advised of the possibility of such damages. In any event,
- Secure Up's maximum liability shall be limited to the amount of the
- purchase price. Some states do not allow the limitation or
- exclusion of incidental or consequential damages, so the above
- limitations may not apply to Licensee.
-
- U.S. GOVERNMENT RESTRICTED RIGHTS LEGEND
- The Licensed Software and Documentation have been developed
- exclusively at private expense, and are provided with RESTRICTED
- RIGHTS. Use, duplication or disclosure by the Government is subject
- to restrictions as set forth in subparagraph (c)(1)(ii) of the
- Rights in Technical Data and Computer Licensed Software clause at
- 10-13-00. Secure Up is the Contractor, and is located at
- 249 N. Brand Blvd #307 Glendale, CA 91203, (818) 507-7454, (818) 240-7770
-
- MISCELLANEOUS
- This Agreement shall be considered severable, and if for any reason
- any term or condition is determined to be invalid, illegal or
- unenforceable under current or future law, such invalidity shall not
- impair the operation of, or otherwise effect, the valid terms and
- conditions of this Agreement, so long as the intent of this Agreement
- is maintained.
-
- This Agreement shall be governed by, construed and enforced in
- accordance with the laws of the Commonwealth of Pennsylvania, with
- the exception of its conflict of law provisions. The parties consent
- to the personal jurisdiction of the Commonwealth of Pennsylvania and
- agree that any legal proceedings arising out of this Agreement shall
- be conducted solely in such Commonwealth.
-
- No action, regardless of form, arising out of this Agreement may be
- brought by either party more than one (1) year after a claim has
- accrued.
-
- Copyright ⌐ 2000 Secure Up Corporation. All rights reserved.
-