Enter 2002 November/EnterCD 11_2002.iso/Internet/RocketDelivery 1.1/SetupRocketNetworkSuite.exe/Disk1/data1.cab/Documentation/license.txt

Text File | 2002-09-17 | 6.1 KB | 131 lines

ROCKET NETWORK LICENSE AGREEMENT

IMPORTANT:  ALL USE OF THE ROCKET NETWORK CLIENT
SOFTWARE (THE SOFTWARE) IS SUBJECT TO THIS LICENSE
AGREEMENT (THE AGREEMENT).  BY CLICKING ON THE I
ACCEPT BUTTON BELOW, YOU ARE AGREEING TO ALL THE TERMS
AND CONDITIONS OF THIS AGREEMENT, AND CONSENT TO BE
BOUND BY AND BECOME A PARTY TO THIS AGREEMENT.  IF YOU
DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT,
CLICK THE CANCEL BUTTON AND YOU WILL NOT HAVE ANY
LICENSE TO ANY PART OF THE SOFTWARE.  ROCKET NETWORKφS
ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO
ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE
EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS ARE
CONSIDERED AN OFFER BY ROCKET NETWORK, ACCEPTANCE IS
EXPRESSLY LIMITED TO THESE TERMS.

1. LICENSE GRANT AND RESTRICTIONS.  Subject to the
terms and conditions of this Agreement, Rocket Network
, Inc., (Rocket Network) hereby grants you a
perpetual, nonexclusive, nontransferable, royalty-free
license (the License) to use the Software in machine
executable object code form only, and only in
accordance with the applicable end user and technical
documentation provided by Rocket Network (the
Documentation). All rights not expressly granted
herein are reserved. You may not: (i) permit third
parties to use the Software; (ii) modify, translate,
reverse engineer, decompile, disassemble, or create
derivative works based on the Software except and only
to the extent applicable statutory laws specifically
prohibit such restrictions; (iii) copy, in whole or in
part, the Software or Documentation, except as
reasonably required for backup or archival purposes,
provided that you take reasonable measures to ensure
that each copy is used only as allowed by the terms of
this Agreement, and include Rocket Networkφs and its
licensors' copyright and other proprietary rights
notices on all such copies; (iv) rent or lease the
Software; or (v) remove any proprietary notices or
labels from the Software, the Documentation or copies
thereof. You have no right to receive, use or examine
any source code or design documentation relating to the
Software. The License does not entitle you to any
updates, enhancements, improvements to the Software
that Rocket Network may release from time to time, at
its sole discretion.

2. TITLE. As between the parties, Rocket Network and/or
its licensors retain all right, title and interest in
the Software, the Documentation and all copies and
portions thereof.  Title, ownership rights, and
intellectual property rights in and to the content
accessed through the Software is the property of the
applicable content owner and may be protected by
applicable copyright or other law.  This License gives
you no rights to such content.

3. DISCLAIMER OF WARRANTY.  THE SOFTWARE IS PROVIDED
AS IS AND ROCKET NETWORK AND ITS LICENSORS MAKE NO
WARRANTIES, EXPRESS, IMPLIED OR OTHERWISE, AND
EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING WARRANTIES
OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A
PARTICULAR PURPOSE.  SOME STATES DO NOT ALLOW
EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER
MAY NOT APPLY TO YOU.

4. LIMITATION OF LIABILITY.  NOTWITHSTANDING ANYTHING
TO THE CONTRARY, NEITHER ROCKET NETWORK NOR ITS
LICENSORS SHALL BE LIABLE WITH RESPECT TO ANY SUBJECT
MATTER OF THIS AGREEMENT UNDER TORT, CONTRACT, STRICT
LIABILITY OR ANY OTHER LEGAL THEORY (I) FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF GOODWILL, DATA OR PROFIT, WORK STOPPAGE, OR
COMPUTER FAILURE OR MALFUNCTION, OR (II) FOR ANY
DAMAGES IN EXCESS OF ROCKET NETWORKφS LIST PRICE FOR A
LICENSE TO THE SOFTWARE, EVEN IF ROCKET NETWORK OR ITS
LICENSORS SHALL HAVE BEEN INFORMED OF THE POSSIBILITY
OF SUCH DAMAGES.  SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY
TO YOU.

5. TERMINATION.  The License granted in Section
1 will terminate automatically if you fail to cure any
material breach of this Agreement within thirty (30)
days of written notice (or immediately in the case of a
breach of Section 1).  Upon termination, you shall
immediately cease all use of the Software and
Documentation and return or destroy all copies of the
Software and Documentation.  Except for the License
granted in Section 1 and except as otherwise expressly
provided herein, the terms of this Agreement shall
survive termination.  Termination is not an exclusive
remedy and all other remedies will be available whether
or not the license is terminated.

6. U.S. GOVERNMENT MATTERS: You may not remove or
export, or allow the export or re-export, from the
United States of any part of the Software or
Documentation or any direct product thereof in
violation of any US laws and regulations governing the
export of US commodities and technical data.

7. MISCELLANEOUS.   This Agreement will be governed by
the laws of the State of California, without regard to
the conflicts of laws provisions thereof.  Parties
agree that California courts have jurisdiction over
parties on issues related to this Agreement.  If any
provision of this Agreement shall be held illegal or
unenforceable, that provision shall be limited or
eliminated to the minimum extent necessary so that this
agreement shall otherwise remain in full force and
effect, and enforceable.  Any notice, report, approval
or consent required or permitted hereunder shall be in
writing.  Any waivers or amendments shall be effective
only if made in writing.  You may not assign this
agreement to any third party without Rocket Networkφs
prior written consent.  This Agreement is the complete
and exclusive statement of the mutual understanding of
the parties and supersedes and cancels all previous
written and oral agreements and communications relating
to the subject matter of this Agreement. Rocket
Networkφs failure to enforce any provision of this
Agreement shall not be deemed a waiver of such
provision.  In any action to enforce rights under this
Agreement, the prevailing party shall be entitled to
recover costs and attorneysφ fees.