home *** CD-ROM | disk | FTP | other *** search
-
- White Pine Software, Inc.
- Electronic End User License Agreement
-
- NOTICE TO USER:
- THIS IS A CONTRACT. BY INSTALLING THIS SOFTWARE YOU ACCEPT ALL THE
- TERMS AND CONDITIONS OF THIS AGREEMENT. THIS SOFTWARE IS ALSO
- AVAILABLE FOR EVALUATION (DEMO) AND IS SUBJECT TO AN EXPIRATION
- DATE WHEN USED AS A DEMO. FULLY LICENSED VERSIONS OF THIS SOFTWARE
- ARE AVAILABLE FOR PURCHASE FROM WHITE PINE'S STOREFRONT ON THE
- WORLD WIDE WEB (http://www.cuseeme.com) OR FROM YOUR LOCAL
- SOFTWARE RETAIL STORE.
-
- This White Pine Software, Inc. ("White Pine") End User License
- Agreement accompanies a White Pine software product and related
- explanatory written materials ("Software"). The term "Software"
- shall also include any upgrades, modified versions or updates of
- the Software licensed to you by White Pine. This copy of the
- Software is licensed to you as the end user. Please read this
- Agreement carefully.
-
- * TO ACCEPT THIS AGREEMENT, PRESS YES AND INSTALL.
-
- * TO DECLINE THIS AGREEMENT, PRESS NO AND QUIT, AND YOU
- WILL NOT BE ABLE TO USE THE SOFTWARE.
-
-
- 1. White Pine grants to you a non-exclusive, non-sublicensable,
- license to use this Software in binary executable form.
-
- YOU MAY NOT USE, COPY, MODIFY, OR TRANSFER THE PROGRAM OR
- DOCUMENTATION, OR ANY COPY EXCEPT AS EXPRESSLY PROVIDED IN THIS
- AGREEMENT.
-
- 2. WHITE PINE MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF
- THIS 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 FITNESS FOR A PARTICULAR PURPOSE OR
- NONINFRINGEMENT. THIS SOFTWARE IS PROVIDED GRATUITOUSLY AND,
- ACCORDINGLY, WHITE PINE SHALL NOT BE LIABLE UNDER ANY THEORY OR
- ANY DAMAGES SUFFERED BY YOU OR ANY USER OF THE SOFTWARE. WHITE
- PINE WILL NOT SUPPORT THIS SOFTWARE AND WILL NOT ISSUE UPDATES TO
- THIS SOFTWARE.
-
- 3. While White Pine intends to distribute a commercial release of
- the Software, White Pine 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.
-
- 4. Title, ownership rights, and intellectual property rights in and
- to the Software shall remain in White Pine and/or its suppliers.
- You agree to abide by the copyright law and all other applicable
- laws of the United States including, but not limited to, export
- control laws. You acknowledge that the Software in source code
- form remains a confidential trade secret of White Pine and/or its
- suppliers and therefore you agree not to modify the Software or
- attempt to decipher, decompile, disassemble or reverse engineer the
- Software, except to the extent applicable laws specifically
- prohibit such restriction.
-
- 5. Copyright. The Software is owned by White Pine and its
- suppliers, and its structure, organization and code are the
- valuable trade secrets of White Pine and its suppliers. The
- Software is also protected by United States Copyright Law and
- International Treaty provisions. You agree not to modify, adapt,
- translate, reverse engineer, decompile, disassemble or otherwise
- attempt to discover the source code of the Software. You may use
- trademarks only to identify printed output produced by the
- Software, in accordance with accepted trademark practice, including
- identification of trademark owner's name. Such use of any
- trademark does not give you any rights of ownership in that
- trademark. Except as stated above, this Agreement does not grant
- you any intellectual property rights in the Software.
-
- 6. White Pine may terminate this License at any time by delivering
- notice to you and you may terminate this License at any time by
- destroying or erasing your copy of the Software. Upon termination
- of this License, or in any event within thirty (30) days following
- White Pine's release of a commercial version of the Software, you
- agree to destroy or erase the Software. In the event of
- termination, the following sections of this License will survive:
- 2, 3, 4, 5 and 6. This License is personal to you and you agree
- not to assign your rights herein. This License shall be governed
- by and construed in accordance with the laws of the State of New
- Hampshire and, as to matters affecting copyrights, trademarks and
- patents, by U.S. federal law. This License sets forth the entire
- agreement between you and White Pine.
-
- 7. WHITE PINE OR ITS SUPPLIERS SHALL NOT BE LIABLE FOR (a)
- INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES OF ANY
- SORT, WHETHER ARISING IN TORT, CONTRACT OR OTHERWISE, EVEN IF
- WHITE PINE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES,
- OR (b) 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 STATES DO NOT ALLOW THE EXCLUSION OR
- LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
- LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
-
- 8. ACKNOWLEDGEMENT: YOU ACKNOWLEDGE THAT YOU HAVE READ THIS
- AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND
- CONDITIONS. YOU ALSO AGREE THAT THIS AGREEMENT IS THE COMPLETE AND
- EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN THE PARTIES AND
- SUPERSEDES ALL PROPOSALS OR PRIOR AGREEMENTS, VERBAL OR WRITTEN,
- AND ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE
- SUBJECT MATTER OF THIS AGREEMENT.
-
- Should you have any questions concerning this Agreement, please
- contact in writing White Pine Software, Inc., 542 Amherst Street,
- Nashua, NH 03063.
-
-