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- MULTITUDE, INC. SOFTWARE LICENSE AGREEMENT
- IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING.
- Do not use or load FireTalk and any associated materials (collectively, the
- "Software") until you have carefully read the following terms and conditions. The term
- "Software" shall also include any upgrades, modified versions or updates of the Software
- licensed to you by Multitude, Inc. ("Multitude"). By loading or using the Software, you
- agree to the terms of this Agreement. If you do not wish to so agree, do not install or use
- the Software.
-
- SPECIAL NOTES. This is "trial" Software which is in preliminary release form and may
- not be fully functional.
-
- LICENSE. You may copy the Software onto a single computer for your personal,
- noncommercial use, and you may make one back-up copy of the Software, subject to
- these conditions:
- 1. You may not copy, modify, rent, sell, distribute or transfer any part of the Software
- except as provided in this Agreement, and you agree to prevent unauthorized
- copying of the Software.
- 2. You may not reverse engineer, decompile, or disassemble the Software.
- 3. You may not sublicense or permit simultaneous use of the Software by more than one
- user.
-
- OWNERSHIP OF SOFTWARE AND COPYRIGHTS. Title to all copies of the Software
- remains with Multitude or its suppliers. The Software is copyrighted and protected by the
- laws of the United States and other countries, and international treaty provisions. You
- may not remove any copyright notices from the Software. Multitude may make changes
- to the Software, or to items referenced therein, at any time without notice, but is not
- obligated to support or update the Software. Except as otherwise expressly provided,
- Multitude grants no express or implied right under Multitude patents, copyrights,
- trademarks, or other intellectual property rights.
-
- EXCLUSION OF WARRANTIES. THE SOFTWARE IS PROVIDED "AS IS"
- WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND
- INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT,
- OR FITNESS FOR A PARTICULAR PURPOSE.
-
- LIMITATION OF LIABILITY. IN NO EVENT SHALL MULTITUDE OR ITS
- SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING,
- WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, OR LOST
- INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE
- SOFTWARE, EVEN IF MULTITUDE HAS BEEN ADVISED OF THE POSSIBILITY
- OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT EXCLUSION OR
- LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES OR
- CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION
- MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS
- THAT VARY FROM JURISDICTION TO JURISDICTION.
-
- TERMINATION OF THIS AGREEMENT. Multitude may terminate this Agreement at
- any time if you violate its terms. Upon termination, you will immediately destroy the
- Software or return all copies of the Software to Multitude.
-
- APPLICABLE LAWS. Claims arising under this Agreement shall be governed by the
- laws of California, excluding its principles of conflict of laws and the United Nations
- Convention on Contracts for the Sale of Goods. You may not export the Software in
- violation of applicable export laws and regulations. Multitude is not obligated under
- any other agreements unless they are in writing and signed by an authorized
- representative of Multitude.
-
- GOVERNMENT RESTRICTED RIGHTS. The Software is provided with
- "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject
- to restrictions as set forth in FAR52.227-14 and DFAR252.227-7013 et seq. or its
- successor. Use of the Software by the Government constitutes acknowledgment of
- MultitudeÆs proprietary rights therein. Contractor or Manufacturer is Multitude, Inc.,
- 601 Gateway Blvd., Suite 1050, South San Francisco, CA 94080.
-