Chip 2004 June/CHIP_CD_2004-06.iso/software/efwc/files/freecam.exe/MAINDIR/webhanc.exe/license.txt

Text File | 2002-03-05 | 7.4 KB | 127 lines

Terms and Conditions of Installing the webHancer Customer Companion (the "Software").

IMPORTANT NOTICE:

THIS SOFTWARE RELAYS YOUR WEB SURFING PERFORMANCE
METRICS TO WEBHANCER CORP. TO GENERATE PERFORMANCE
REPORTS FOR THIRD PARTIES. AS SUCH, YOUR INTERNET
CONNECTION WILL BE USED PERIODICALLY TO SEND AND RECEIVE
DATA.

WE RESPECT OUR CUSTOMERS PRIVACY. TO VIEW WEBHANCER'S
PRIVACY POLICY, GO TO: http://www.webhancer.com/privacy.

THIS SOFTWARE SUPPORTS WINDOWS 98/2000/ME/XP and WINDOWS
NT 4.0 Service Pack 4 and higher (EXCLUDING WINDOWS TERMINAL
SERVER AND WINDOWS 2000 WITH TERMINAL SERVICES ENABLED).

THIS IS A LICENSE, NOT A SALE. THIS END USER LICENSE AGREEMENT
("AGREEMENT") IS A LEGAL CONTRACT BETWEEN YOU AND
WEBHANCER CORP. ("WEBHANCER") FOR THE CUSTOMER COMPANION
SOFTWARE (THE 'SOFTWARE'). THIS SOFTWARE WILL MAKE USE OF
YOUR INTERNET CONNECTION. YOU ARE SOLELY RESPONSIBLE FOR
ANY AND ALL NETWORK USAGE COSTS OR ANY OTHER COSTS
ASSOCIATED WITH YOUR USE OF THE SOFTWARE. BY DOWNLOADING,
INSTALLING OR USING THE SOFTWARE YOU AGREE TO BE BOUND BY
THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT
AGREE WITH THESE TERMS AND CONDITIONS, UNINSTALL, AND DO
NOT USE THE SOFTWARE.

WEBHANCER grants to you a non-exclusive, non-transferable and restricted
license to use the Software on a single computer for your internal use, subject to
the terms and conditions of this Agreement. You may make and distribute
unlimited copies of the Software, excluding copies for commercial distribution, as
long as each copy that you distribute is distributed subject to this Agreement,
and you reproduce in full all copyright and other proprietary notices pertaining to
the Software that appear in the Software.

This Agreement shall remain in effect for as long as you are in compliance with
its terms and conditions. This Agreement shall immediately terminate if you fail to
comply with any of its provisions. The limitations of liabilities and warranties will
survive any termination of this Agreement and will remain in full force and effect
even after termination. Should WEBHANCER release any updates, upgrades or
new versions of the Software or supplemental code or supporting materials for
the Software ("Additional Software Releases"), all such Additional Software
Releases shall be considered part of the Software and subject to the terms and
conditions of this Agreement and any additional terms and conditions that
accompany the Additional Software Releases. In consideration of the foregoing
license from WEBHANCER to you, you grant to WEBHANCER the perpetual,
unrestricted right to record and use your web surfing performance metrics, in
whole or in part, in any form or format.

THE SOFTWARE IS PROVIDED TO YOU "AS IS". YOU ARE SOLELY
RESPONSIBLE FOR THE ADEQUATE PROTECTION AND BACKUP OF THE
DATA AND EQUIPMENT USED IN CONNECTION WITH THE SOFTWARE.
WEBHANCER MAKES NO REPRESENTATIONS, WARRANTIES OR
CONDITIONS, EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY,
SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT, OR THOSE ARISING
BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR
OTHERWISE. WEBHANCER DOES NOT WARRANT THAT
THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR
ERROR FREE. YOU ASSUME THE ENTIRE RISK AS TO THE
RESULTS AND PERFORMANCE OF THE SOFTWARE.

NEITHER WE NOR OUR DEALERS OR SUPPLIERS SHALL HAVE ANY
LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY DAMAGES
WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE
OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR
ECONOMIC LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE. WE
ARE ALSO NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. OUR
MAXIMUM AGGREGATE LIABILITY TO YOU AND THAT OF OUR DEALERS
AND SUPPLIERS SHALL NOT EXCEED FORTY DOLLARS CANADIAN
($40.00 CDN). THE LIMITATIONS IN THIS SECTION SHALL APPLY
WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH
OF A FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL
BREACH. The limited warranty, exclusive remedies and limited liability set out
herein are fundamental elements of the basis of the bargain between you and
WEBHANCER. You acknowledge and agree that WEBHANCER would not be
able to provide the Software free of charge without such limitations. In
jurisdictions which do not allow the exclusion or limitation of consequential,
incidental or special damages, WEBHANCER's liability for such damages shall
be limited to the maximum extent permitted by applicable law.

The Software, including all copies, and all copyrights and all other rights, title
and interest subsisting in or related to the Software, and all data collected there
from, shall at all times remain the property of WEBHANCER or its licensors. You
must reproduce any copyright or other proprietary notices on the Software in
their entirety in all copies of the Software. WEBHANCER and its licensors
reserve all rights not expressly granted to you. You shall not translate, reverse
engineer, decompile or disassemble the Software or any part of the Software,
except to the extent this restriction is not permitted by the laws of your
jurisdiction; or modify or adapt or create derivative works based on the Software
or any part of the Software or merge the Software or any part of the Software
with any other software program.

Notice to U.S. Government end users. If this product is acquired under the terms
of a: GSA contract-Use, reproduction or disclosure is subject to the restrictions
set forth in the applicable ADP Schedule contract; U.S. DoD contract- Use,
duplication or disclosure by the Government is subject to restrictions as set forth
in subparagraph (c) (1) (ii) of 252.227-7013; Civilian agency contract- Use,
reproduction, or disclosure is subject to 52.227-19 (a) through (d) and restrictions
set forth in the accompanying end user agreement. Unpublished-rights reserved
under the copyright laws of the United States. WebHancer Corp. 2255 Carling
Avenue, 3rd Floor Ottawa, Ontario Canada K2B 7E9.

This Agreement is the entire agreement between WEBHANCER and you and
supercedes all other agreements, discussions and negotiations, whether oral or
written. This Agreement cannot be modified or amended except by a written
agreement signed by an authorized officer of WEBHANCER. This shall be
governed by the laws of the Province of Ontario, Canada, excluding conflicts of
law and choice of law principles and the United Nations Convention on
Contracts for the International Sale of Goods, and any legislation implementing
such Convention. You consent and attorn to the exclusive jurisdiction of Ontario
courts and waive trial by jury, except to the extent a waiver of a jury trial is not
permitted by applicable law. If any provision of this Agreement is found to be
illegal, invalid or unenforceable, such provision shall be deemed severed and
the remainder of the Agreement shall continue in full force and effect. You agree
to comply with all applicable laws including export restrictions as they relate to
this Agreement and your use of the Software. The parties have requested that
this Agreement and all documents contemplated hereby be drawn up in English.
Les parties aux prΘsentes ont exigΘ que cette entente et tous autres documents
envisagΘs par les prΘsentes soient rΘdigΘs en anglais.