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- READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE
- INSTALLING OR RUNNING THE COMPUTER SOFTWARE AND THE ACCOMPANYING USER
- DOCUMENTATION (THE "PROGRAM"). THE PROGRAM IS COPYRIGHTED AND LICENSED (NOT
- SOLD). BY INSTALLING, DOWNLOADING, OR USING THE PROGRAM, YOU ARE ACCEPTING
- AND AGREEING TO THE TERMS OF THIS LICENSE AGREEMENT.
-
- 1. License Grant. This license grants you the right to use the Program on one, or more,
- Web site domains (the "Domains"). Under the license, you: (a) may, as a non-exclusive licensee, use
- the Program for one ore more Domain; (b) expressly may not use the Program for any kind of 3D
- Multi User Community/Virtual World; (c) expressly may not decompile, alter, reverse assemble or
- otherwise reverse engineer or translate the Program, which contains the trade secrets of blaxxun
- interactive, inc.; and (d) may not rent, lease or re-market the Program, and (e) may not remove any
- proprietary labels on or in the Program. You agree that you will not re-market, assign, sublicense,
- transfer, pledge, lease, rent, or share your rights under this License Agreement without the prior
- written consent of blaxxun interactive, inc. ("Licensor") except in connection with transfer of your
- business or sale of your business assets, and that you will not download or otherwise export or re-
- export the Program or underlying information or technology except in full compliance with all United
- States and other applicable laws or regulations.
- This license does not provide you with customer support for the Software or Program.
- Upon loading or downloading the Software onto your computer, you may make copies of the Software
- for the purpose of backup in the event the Program or other media is damaged or destroyed. You may
- make copies of the Documentation for backup purposes only. Any such copies of the Software or the
- Documentation shall include Licensor's copyright and other proprietary notices. Except as authorized
- under this paragraph, no copies of the Program or any portions thereof may be made by you or any
- person under your authority or control.
-
- 2. Licensor's Rights. You acknowledge and agree that the Software and the
- Documentation are proprietary products of Licensor, its suppliers and its rights owners, protected
- under U.S. copyright law and international copyright treaties. You further acknowledge and agree that
- all right, title, and interest in and to the Program, including associated intellectual property rights, are
- and shall remain with Licensor and its suppliers and rights owners. This License Agreement does not
- convey to you an interest in or to the Program, but only a limited right of use revocable in accordance
- with the terms of this License Agreement. Because Licensor charges substantially higher license fees
- for multi-user licenses, you understand that if you violate the terms of this License Agreement,
- including without limitation, by selling copies of the Software or Program, you may be liable, among
- other things, for damages under the copyright laws.
-
- 3. Term. This License Agreement is effective upon your installing the Software, using
- the Software, or downloading the Software and shall continue until terminated. This License
- Agreement shall terminate automatically if you fail to comply with the limitations described in this
- License Agreement. No notice shall be required from blaxxun to effect such termination. Upon
- termination, you must destroy all copies of the Program. Upon such termination by Licensor, you
- agree to return to Licensor the Program and all copies and portions thereof, without prejudice to the
- rights of Licensor to any supplementary damages.
-
- 4. PROVIDED "AS IS". LICENSOR MAKES NO REPRESENTATIONS ABOUT THE
- SUITABILITY OF THE SOFTWARE OR ABOUT ANY CONTENT OR INFORMATION MADE
- ACCESSIBLE BY THE SOFTWARE, FOR ANY PURPOSE. THE SOFTWARE IS PROVIDED 'AS IS'
- WITHOUT EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF
- MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT
- OF THIRD PARTY RIGHTS. THIS SOFTWARE IS PROVIDED GRATUITOUSLY AND,
- ACCORDINGLY, LICENSOR SHALL NOT BE LIABLE UNDER ANY THEORY OR ANY DAMAGES
- SUFFERED BY YOU OR ANY USER OF THE SOFTWARE. LICENSOR WILL NOT SUPPORT THIS
- SOFTWARE AND WILL NOT ISSUE UPDATES TO THIS SOFTWARE.
-
- 5. Limitation of Liability. Licensor's liability to you or any other party for any loss or
- damages resulting from any claims, demands, or actions arising out of or related to this Agreement
- shall not exceed the license fee paid to Licensor for the use of the Program.
- In no event shall Licensor be liable for any indirect, incidental, consequential, special, or exemplary
- damages or lost profits, even if Licensor has been advised of the possibility of such damages.
- SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
- INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION
- MAY NOT APPLY TO YOU.
-
- 6. Commercial Release. While Licensor intends to distribute a commercial release of the
- Software, Licensor reserves the right at any time not to release a commercial release of the Software
- or, if released, to alter prices, features, specifications, capabilities, functions, licensing terms, release
- dates, general availability or other characteristics of the commercial release.
-
- 7. Trademark and Title. blaxxun interactive an blaxxun contact are registered
- trademarks of Licensor. No right, license, or interest to such trademark is granted hereunder, and you
- agree that no such right, license or interest shall be asserted by you with respect to such trademark.
- Title and ownership of all proprietary rights in the Software, including any copyright, patent, trade
- secret, trademark, trade name or other intellectual property right, will at all times remain the property of
- blaxxun or ist licensors and suppliers. You agree not to remove or obliterate any copyright, trademark
- or proprietary rights notices of blaxxun or the blaxxun licensors from the Software. 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.
-
- 8. 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. The
- obligations of you and Licensor under Sections 4 ("Provided 'As Is'"), 5 ("Limitation of Liability"), 7
- ("Trademark and Title"), 8 ("Termination") and 9 to 13 ("General Provisions") hereof will survive
- termination of this Agreement and will continue in full force and effect thereafter.
-
- 9. Governing Law. This License Agreement shall be construed and governed in
- accordance with the laws of the State of California. The United Nations Conventions on Contracts for
- the International Sale of goods is specifically disclaimed.
-
- 10. Costs of Litigation. If any action is brought by either party to this License Agreement
- against the other party regarding the subject matter hereof, the prevailing party shall be entitled to
- recover, in addition to any other relief granted, reasonable attorney fees and expenses of litigation.
-
- 11. Severability. Should any term of this License Agreement be declared void or
- unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the
- remaining terms hereof.
-
- 12. No Waiver. The failure of either party to enforce any rights granted hereunder or to
- take action against the other party in the event of any breach hereunder shall not be deemed a waiver
- by that party as to subsequent enforcement of rights or subsequent actions in the event of future
- breaches.
-
- 13. Entire Agreement. You agree that this is the entire agreement between you and
- blaxxun interactive, Inc. with respect to the use of the Software and Program, and that it supersedes
- any prior agreement, whether written or oral, and all other communications between the parties
- relating to the subject matter of this Agreement except for your agreement to pay the licensing fees.
-