TLCO Software, a division of Thunder & Lightning Company
BEFORE YOU CLICK ON THE "ACCEPT" BUTTON AT THE END OF THIS DOCUMENT, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CLICKING ON THE "ACCEPT" BUTTON, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "DO NOT ACCEPT" BUTTON AND DO NOT USE THE SOFTWARE.
1. TLCO Software, a division of Thunder & Lightning Company ("TLCO") grants to you a non-exclusive, non-assignable, license to use this version of TLCO's Web Factory Professional Edition 4.0 (the "Software") in binary executable form. This license agreement covers all software modules within Web Factory Professional Edition 4.0 for which valid purchase has been made by the end-user. The four modules ar: Web Factory Author 4.0, Web Factory ImagEditor, Web Factory Image Library Manager, and Web Factory Dreamcatcher Site Management software. Modules may be sold in various combinations under different packaging arrangements. Each package will clearly identify the modules you are permitted to use by this license. Specifically, purchase of Web Factory Author 4.0 entitles you to use the Author module only. Purchase of Web Factory Site Builder 4.0, entitles you to use the Author, Image Library Manager, and Dreamcatcher Site Manager modules only, and purchase of Web Factory Professional Edition 4.0 entitles you to use all of the application modules. If you have leased this application, then your license to use the leased software is valid only for the period for which you have a fully paid-up lease agreement. . If you are using a Free Trial version of the software, then all rights to use this software end at the termination of the 14-day trial period. Any attempt to defeat the trial period time-out mechanism is a material breach of this license agreement and will be prosecuted to the full extent of applicable law.
2. TLCO 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. TLCO SHALL NOT BE LIABLE UNDER ANY THEORY OR ANY DAMAGES SUFFERED BY YOU OR ANY USER OF THE SOFTWARE.
3. All content accessed through the Software is the property of the applicable content owner and may be protected by applicable copyright law. This License gives you no rights to such content. The Web Factory ImagEditor module contained within Web Factory Professional Edition is Produced Under License from ImageWare Software, Inc. All Rights Reserved.
4. Title, ownership rights, and intellectual property rights in and to the Software shall remain in TLCO. 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 TLCO and/or its suppliers and therefore you agree not to modify the Software or attempt to decipher, de-compile, disassemble or reverse engineer the Software, except to the extent applicable laws specifically prohibit such restriction.
5. TLCO may terminate this License for cause 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, you agree to destroy or erase the Software. In the event of termination, the following sections of this License will survive: 2, 3, 5, 6, 7 and 8. 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 California and, as to matters affecting copyrights, trademarks and patents, by U.S. federal law. This License sets forth the entire agreement between you and TLCO.
6. Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, and in similar clauses in the NASA AR Supplement. Contractor/ manufacturer is Thunder & Lightning Company 6540 Lusk Blvd., Suite C212 San Diego, CA 92121
7. You may not download or otherwise export or re-export the Software or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. In particular, but without limitation, none of the Software or underlying information or technology may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Haiti, Iraq, Libya, Yugoslavia, North Korea, Iran, or Syria or (ii) to anyone on the US Treasury Department's list of Specially Designated Nationals or the US Commerce Department's Table of Deny Orders. By downloading the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under control of, or a national or resident of any such country or on any such list.
8. TLCO 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 TLCO 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.
9. HIGH RISK ACTIVITIES. The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). TLCO and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
Web Factory, Web Factory Site Builder, Web Factory Professional Edition, Web Factory Author, Web Factory Image Library Manager, Web Factory ImagEditor, and Web Factory Dreamcatcher are trademarks of TLCO.
Copyright (c) 1997 TLCO Software, a division of Thunder & Lightning Company.
