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- SEARCH4 END USER LICENSE AGREEMENT
- ----------------------------------
-
- LICENSE: Intermania grants you a non-exclusive license to use the
- Software free of charge. If you are using the Software free of
- charge under the terms of this Agreement, you are not entitled to
- hard-copy documentation, support or telephone assistance.
-
- DISCLAIMER OF WARRANTY: Free of charge Software is provided
- on an "AS IS" basis, without warranty of any kind, including without
- limitation the warranties of merchantability, fitness for a particular
- purpose and non-infringement. The entire risk as to the quality and
- performance of the Software is taken by the user. Should the
- Software prove defective, the user, and not Intermania, assume the
- entire cost of any service and repair. Any Online Services charges
- that result from the use of this program are the sole responsibility of
- the user.
-
- USER MAY:
- - Use the Software on one or more computers, or on a network
- - Copy the Software for archival purposes, provided any copy must
- contain all of the original Software's proprietary notices.
-
- USER MAY NOT:
- - Permit other individuals to use the Software except under the
- terms listed above
- - Modify, translate, reverse engineer, decompile, disassemble
- (except to the extent applicable laws specifically prohibit such
- restriction), or create derivative works based on the Software
- - Rent, lease, grant a security interest in, or otherwise transfer rights
- to the Software
- - Remove any proprietary notices or labels on the Software.
-
- TITLE: Title, ownership rights, and intellectual property rights in the
- Software shall remain in Intermania. The Software is protected by
- copyright laws and treaties. Title and related rights in the content
- accessed through the Software is the property of the applicable
- content owner and may be protected by applicable law. This License
- gives you no rights to such content.
-
- TERMINATION: The license will terminate automatically if you fail
- to comply with the limitations described herein. On termination, you
- must destroy all copies of the Software.
-
- EXPORT CONTROLS. 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, Iraq,
- Libya, Yugoslavia, North Korea, Iran, Syria or any other country to
- which the U.S. has embargoed goods; or (ii) to anyone on the U.S.
- Treasury DepartmentÆs list of Specially Designated Nationals or the
- U.S. Commerce DepartmentÆs Table of Denial Orders. By
- downloading or using the Software, you are agreeing to the
- foregoing and you are representing and warranting that you are not
- located in, under the control of, or a national or resident of any such
- country or on any such list.
-
- LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND
- UNDER NO LEGAL THEORY, TORT, CONTRACT, OR
- OTHERWISE, SHALL INTERMANIA OR ITS DISTRIBUTERS BE
- LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT,
- SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF
- ANY CHARACTER INCLUDING, WITHOUT LIMITATION,
- DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE,
- COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL
- OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT
- WILL INTERMANIA BE LIABLE FOR ANY DAMAGES IN EXCESS
- OF THE AMOUNT INTERMANIA RECEIVED FROM YOU FOR A
- LICENSE TO THE SOFTWARE, EVEN IF INTERMANIA SHALL
- HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH
- DAMAGES, OR 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 JURISDICTIONS DO NOT ALLOW THE
- EXCLUSION OR LIMITATION OF INCIDENTAL OR
- CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND
- EXCLUSION MAY NOT APPLY TO THE USER.
-
- 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").
- Intermania and its distributers specifically disclaim any express or
- implied warranty of fitness for High Risk Activities.
-
- MISCELLANEOUS. If the copy of the Software you received was
- accompanied by a printed or other form of "hard-copy" End User
- License Agreement whose terms vary from this Agreement, then the
- hard-copy End User License Agreement governs your use of the
- Software. This Agreement represents the complete agreement
- concerning this license and may be amended only by a writing
- executed by both parties. If any provision of this Agreement is held
- to be unenforceable, such provision shall be reformed only to the
- extent necessary to make it enforceable. The application the United
- Nations Convention of Contracts for the International Sale of Goods
- is expressly excluded.
-
- U.S. GOVERNMENT RESTRICTED RIGHTS. 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, or at 252.211-
- 7015, and in similar clauses in the NASA FAR Supplement.
- Contractor/manufacturer is Intermania, P.O. Box 6544, Aloha,
- Oregon 97007.
-
-