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- BATTLEFIELD COMMUNICATOR(tm) Server Beta Product LICENSE
- AGREEMENT
-
- By clicking on the "Yes" button, you (either an individual or a
- single entity) (the "End User"), agree to be bound by this
- license agreement (the "Agreement") with ShadowFactor Software
- Inc. ("ShadowFactor") of, Waterloo, Canada.
-
- This Agreement provides the End User with specific limited time
- use license rights to test the beta version of the Battlefield
- Communicator(tm) Software Product - Server Version 0.9 (the
- "Software Product").
-
- 1. The Software Product comprises,
-
- (a) an executable file, and associated libraries;
- (b) sound files; and
- (c) accompanying documentation ("Documentation"),
-
- as downloaded from ShadowFactor's internet ftp site
- (ftp://ftp.shadowfactor.com) and as more particularly described
- in the Documentation.
-
- 2. If End User is not agreeable to each and every one of the
- terms of this Agreement, click on the "No" button and the
- installation process will not continue. Clicking on the "Yes"
- button, or installation of any portion of the Software Product
- shall constitute acceptance of this Agreement.
-
- 3. End-User is licensing, not purchasing, the Software
- Product. Except as explicitly provided in this Agreement,
- ShadowFactor shall retain all its right, title and interest in
- and to the Software Product.
-
- End User acknowledges that the Software Product is a valuable and
- proprietary asset of ShadowFactor. The Software Product is
- protected by copyright laws in Canada, the United States, and
- other countries. Portions of the Software Product comprise
- ShadowFactor's valuable trade-secrets and know-how.
-
- 4. ShadowFactor grants to End User a royalty-free, non-
- exclusive, time limited, license to:
-
- (a) load, execute or store the Software Product for
- evaluation purposes only on a single computer (single
- CPU); and
- (b) use and reproduce the Documentation for End-User's own
- use in order to exercise the license granted pursuant
- to paragraph (a).
-
- The license granted hereunder shall expire on December 30, 1998.
-
- 5. End User agrees not to challenge or contest, directly or
- indirectly, the validity, title or registration of any of
- ShadowFactor's rights associated with or in the Software Product
- or assist any person to do so.
-
- End User further agrees not to lend, distribute, rent, lease,
- copy, decompile, disassemble, modify, translate, duplicate,
- reverse-engineer, create derivative works based on, or otherwise
- use the Software Product, as provided by ShadowFactor, or any
- part thereof, or permit others to do so except as explicitly
- provided in this Agreement.
-
- 6. END-USER ACKNOWLEDGES AND AGREES THAT THE SOFTWARE PRODUCTS
- IS A "BETA" PRODUCT AND HAS NOT BEEN FULLY TESTED. THE SOFTWARE
- PRODUCT AND ANY RIGHTS TO THE SOFTWARE PRODUCT ARE PROVIDED BY
- SHADOWFACTOR "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND,
- EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED
- WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
- PARTICULAR PURPOSE AND NON-INFRINGEMENT. SHADOWFACTOR DOES NOT
- WARRANT THAT THE SOFTWARE PRODUCT WILL MEET THE END-USER'S
- REQUIREMENTS OR THAT OPERATION OR USE OF THE SOFTWARE PRODUCT
- WILL BE CONTINUOUS OR ERROR FREE OR THAT DEFECTS WILL BE
- REMEDIED.
-
- IN NO EVENT WILL SHADOWFACTOR BE LIABLE FOR ANY DIRECT, SPECIAL,
- INDIRECT CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT
- LIMITED TO DAMAGES FOR COMPUTER FAILURE, LOSS OF GOODWILL,
- BUSINESS PROFIT, INFORMATION, DATA, USE OF THE SOFTWARE PRODUCT,
- OR END USER'S OTHER SOFTWARE) ARISING AS A BREACH OF THIS
- AGREEMENT OR FROM USE OR INABILITY TO USE THE SOFTWARE PRODUCT
- WHETHER IN TORT, CONTRACT, NEGLIGENCE OR OTHERWISE EVEN IF
- SHADOWFACTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
-
- 7. The End-User waives its rights to any cause of action
- against ShadowFactor for infringement of patents, copyrights or
- other intellectual property rights relating to the Software
- Program or Documentation, or any portions thereof. ShadowFactor
- makes no representation and gives no warranties as to
- infringement of patents, copyrights or other intellectual
- property rights relating to the Software Program and/or the
- Documentation or any portions thereof.
-
- 8. If End User does not comply with the End User's obligations
- the license granted hereunder shall terminate immediately. Upon
- termination of this license for any reason, End User must destroy
- or delete any and all End User's copies of the Software Product.
-
- 9. The End User shall not download or otherwise export or
- reexport the Software Program or any underlying information or
- technology except in full compliance with all Canadian and United
- States and other applicable laws and regulations.
-
- 10. If the Software Program is acquired by, for or on behalf of
- the United States of America, its agencies and/or
- instrumentalities (the "US Government"), it is 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 ("DFARS") 252, 227-7013,
- Rights in Technical Data and Computer Software (October 1988) and
- subparagraphs (a) through (d) of the 'Commercial Computer
- Software - Restricted Rights' clause at 48 CFR 52.227-19 of the
- Federal Acquisition Regulations, as applicable. Manufacturer is
- ShadowFactor Software Inc., Waterloo, Ontario, Canada.
-
- 11. This Agreement shall be construed and interpreted in
- accordance with the laws of the Province of Ontario and the laws
- of Canada where applicable and not by the 1980 United Nations
- Convention on Contracts for the International Sale of Goods, as
- amended. Each of the parties irrevocable attorns to the
- jurisdiction of any court within the Province of Ontario having
- subject matter jurisdiction over this Agreement. All terms and
- conditions of this Agreement are severable and the invalidity,
- illegality or unenforceability of any term or condition shall not
- affect the validity, legality, or enforcement of the remaining
- terms and conditions.
-
- 12. If the End User acquired the Software Program in the
- Province of Quebec, Canada, the End User agrees to the following:
- The parties hereto have expressly required that the present
- agreement and its exhibits be drawn in the English language. Les
- parties aux presentes ont expressement exige que la presente
- convention et ses annexes soient redigees enlangue anglaise.
-
- This Agreement constitutes the entire agreement between the
- parties and supersedes any and all prior agreements, whether
- written or oral, with respect to the subject matters set out
- herein.
-