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- This ScriptEase:WebServer Edition (WSE) License Agreement (hereafter called
- "Agreement") is entered into between Nombas, Inc., (hereafter called
- "Nombas"), and You, (hereafter called "Customer"). Read this entire
- Agreement prior to using ScriptEase:WebServer Edition (WSE) (hereafter
- called "Software"). Use of the Software indicates that Customer accepts the
- terms of this License Agreement. If Customer does not accept or agree to the
- terms of this License Agreement, Customer may return the unopened and unused
- package and all accompanying materials to the place of purchase for a refund.
-
- 1. LICENSE: Nombas, as Licensor, grants to Customer, the licensee, a
- non-exclusive, non-transferable, right to use the Software on a single
- computer at a single location. Customer may physically transfer the Software
- from one computer to another provided the Software in its standalone form is
- used only one computer at a time. Customer may NOT electronically transfer
- the Software in its standalone form from one computer to another over a
- network. Customer may NOT otherwise copy or distribute the Software except
- as expressly provided in this License Agreement. Customer may make one (1)
- copy of the Software solely for backup or archival purposes. Customer must
- reproduce and include the copyright notices on the backup/archival copy. The
- license fee payable for the Software under the terms of this Agreement shall
- be paid by Customer, in U.S. funds only, to Nombas within thirty (30) days
- of receipt of the Software. Should Customer elect to terminate this
- Agreement within thirty (30) days of the receipt of the Software according
- to Paragraph 4 (Term) herein, the license fee shall be fully refundable
- provided that Customer is not in breach of any term of this Agreement.
- Paragraph 7 (Proprietary Rights) shall survive such termination of this
- Agreement.
-
- 2. USE OF THE SOFTWARE: Customer may use the Software on a single
- Internet/Intranet server running a single operating system. Customer may
- purchase from Nombas additional licenses which entitle Customer to use the
- Software on additional servers and additional operating systems. Customer
- must leave Nombas' proprietary rights notices on all copies of the Software.
-
- 3. OWNERSHIP AND TRANSFER: As licensee, Customer owns the physical media on
- which the Software is originally or subsequently recorded, but Nombas
- retains all title and ownership of the Software recorded on the original
- disks and all subsequent copies of Software. Customer may not transfer the
- Software to another party without the express, prior, written consent of
- Nombas. Any transfer shall be bound by the terms and conditions of this
- Agreement. Customer may not transfer, assign, rent, lease or sell the
- Software except as expressly provided herein. Customer may not decompile,
- disassemble, or otherwise reverse engineer the Software. Customer may not
- modify the Software without the express, prior, written consent of Nombas.
-
- 4. TERM: This Agreement is in effect until terminated. This Agreement will
- terminate automatically without notice from Nombas if Customer fails to
- comply with any provision on this Agreement. Customer agrees, upon such
- termination to destroy all copies of the Software and documentation. The
- Warranty, Limited Liability and proprietary rights portions of this
- Agreement shall survive termination of this Agreement.
-
- 5. ACKNOWLEDGMENT: Customer acknowledges that Customer has read this
- Agreement, understands it, and agrees to be bound by its terms and
- conditions. Customer also agrees that this Agreement is the complete
- statement of agreement between the parties with respect to the subject
- matter, 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.
-
- 6. GOVERNING LAW: This Agreement is governed by the laws of the Commonwealth
- of Massachusetts.
-
- 7. PROPRIETARY RIGHTS: Customer acknowledges and agrees that the Software
- and all related documentation, and any other materials provided under the
- terms of this Agreement are copyrighted and are the proprietary trade
- secrets of Nombas, Inc. Customer agrees to protect each copy of the Software
- in a manner consistent with the maintenance of Nombas' proprietary rights,
- and to instruct Customer's employees or any other users of the Software as
- to the obligations contained in this paragraph. Nombas retains all rights
- not expressly granted. Nothing in this Agreement constitutes a waiver of
- Nombas' rights under U.S. Copyright laws or any other federal or state law.
-
- 8. LIMITED WARRANTY: From a period of ninety (90) days from date Customer
- purchased this Software, Nombas warrants that 1) the Software will
- substantially conform to the documentation or published specifications when
- used as specified, and 2) the media on which the Software is distributed is
- free from defects in materials or workmanship which would effect the use of
- the Software. If Customer returns the Software with a copy of Customer's
- original receipt within the ninety (90) day period, Nombas will, at is
- discretion, either a) correct the Software so that it conforms to the
- documentation, or b) replace the defective media, or c) refund the license
- fee. Except as provided above, Nombas disclaims all warranties of any kind,
- either expressed or implied, including but not limited to the implied
- warranty of merchantability, performance, and fitness for a particular
- purpose with respect to the Software and media. This warranty gives Customer
- specific rights: Customer may also have other rights that vary from state to
- state.
-
- 9. LIMITATION OF LIABILITY: Neither Nombas nor anyone else who has been
- involved in the creation, production, or delivery of the Software shall be
- liable for any direct, consequential, or incidental damages arising out of
- the use, the results of use, or inability to use such product even if Nombas
- has been advised of the possibility of such damages or claim. Some states do
- not allow the exclusion of limitation of liability for consequential
- damages, so the above limitation may not apply to Customer.
-
- U.S. GOVERNMENT RESTRICTED RIGHTS NOTICE Use, duplication, or disclosure of
- this Software by the government is subject to restrictions as set forth in
- subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer
- Software clause at DFARS 252.227-7013 or in subparagraphs (c)(1) and (c)(2)
- of the Commercial Computer Software Restricted Rights clause at 48 CFR
- 52.227-19 as applicable. Contractor is Nombas, Inc., 64 Salem Street,
- Medford, MA 02155.
-