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- END-USER LICENSE AGREEMENT FOR
- COMPLIMENTARY PANICWARE, INC. SOFTWARE
-
-
- IMPORTANT--READ THESE TERMS CAREFULLY
- BEFORE INSTALLING THIS SOFTWARE. BY
- INSTALLING OR USING THIS SOFTWARE, YOU
- ACKNOWLEDGE THAT YOU HAVE READ THIS
- LICENSE AGREEMENT, THAT YOU UNDERSTAND
- IT, AND THAT YOU AGREE TO BE BOUND BY
- ITS TERMS. IF YOU DO NOT AGREE TO THE
- TERMS AND CONDITIONS OF THIS LICENSE
- AGREEMENT, PROMPTLY EXIT THIS PAGE
- WITHOUT INSTALLING OR USING THE
- SOFTWARE.
-
- 1. License Grant
-
- Licensor hereby grants to you, and you
- accept, a nonexclusive license to use
- the accompanying computer programs in
- machine-readable, object code form only
- (collectively referred to as the
- "Software"), and any accompanying User
- Documentation, only as authorized in
- this License Agreement. Commercial use
- of the Software is not permitted, the
- Software may only be used by you for
- your personal use in a non-commercial
- manner. The Software may be used only
- on a single computer owned, leased, or
- otherwise controlled by you; or in the
- event of the inoperability of that
- computer, on a backup computer selected
- by you. Neither concurrent use on two
- or more computers nor use in a local
- area network or other network is
- permitted. You agree that you will not
- assign, sublicense, transfer, pledge,
- lease, rent, or share your rights under
- this License Agreement. You agree that
- you may not reverse assemble, reverse
- compile, or otherwise translate the
- Software.
-
- No copies or distribution of the
- Software or any portions thereof may be
- made by you or any person under your
- authority or control except for a single
- copy for backup purposes.
-
- 2. Term
-
- This License Agreement is effective from
- the time the Software is installed or
- used until this License Agreement is
- terminated. You may terminate this
- License Agreement at any time by
- destroying or returning to Panicware,
- Inc. all copies of the Software in your
- possession or under your control.
- Panicware, Inc. may terminate this
- License Agreement for any reason,
- including, but not limited to, if
- Panicware, Inc. finds that you have
- violated any of the terms of this
- License Agreement. Upon notification of
- termination, you agree to destroy or
- return to the Panicware, Inc. all copies
- of the Software and to certify in
- writing that all known copies, including
- backup copies, have been destroyed. All
- provisions relating to confidentiality,
- proprietary rights, and non-disclosure
- shall survive the termination of this
- License Agreement.
-
- 3. Ownership and Rights in Intellectual
- Property
-
- You acknowledge and agree that the
- Software is a proprietary product of
- Panicware, Inc. You further acknowledge
- and agree that all right, title, and
- interest in and to the Software,
- including any associated intellectual
- property rights protected by United
- States Copyright Law, Patent Law,
- Trademark Law, and trade secret law, and
- by international treaty provisions,
- shall remain with Panicware, Inc. This
- License Agreement does not convey to you
- an interest in or to the Software, but
- only a limited right of use revocable in
- accordance with the terms of this
- License Agreement. Any other use of the
- Software by any person, business,
- corporation, government organization or
- any other entity is strictly forbidden
- and is a violation of this License
- Agreement. All rights not granted to
- you herein are expressly reserved by
- Panicware, Inc. You may not remove any
- proprietary notice of Licensor from any
- copy of the Software or User
- Documentation.
-
-
- 4. No Warranties
-
- PANICWARE, INC. EXPRESSLY DISCLAIMS ANY
- WARRANTY FOR THE SOFTWARE. ANY USE BY
- YOU OF THE SOFTWARE IS AT YOUR OWN RISK.
- THE SOFTWARE IS PROVIDED "AS IS." TO
- THE MAXIMUM EXTENT PERMITTED BY LAW,
- PANICWARE, INC. DISCLAIMS ALL OTHER
- WARRANTIES OF ANY KIND, EITHER EXPRESSED
- OR IMPLIED, INCLUDING, WITHOUT
- LIMITATION, IMPLIED WARRANTIES OF
- MERCHANTABILITY AND FITNESS FOR A
- PARTICULAR PURPOSE. PANICWARE, INC.
- DOES NOT WARRANT THAT THE FUNCTIONS
- CONTAINED IN THE SOFTWARE WILL MEET ANY
- REQUIREMENTS OR NEEDS YOU MAY HAVE, OR
- THAT THE SOFTWARE WILL OPERATE ERROR
- FREE, OR IN AN UNINTERRUPTED FASHION, OR
- THAT ANY DEFECTS OR ERRORS IN THE
- SOFTWARE WILL BE CORRECTED, OR THAT THE
- SOFTWARE IS COMPATIBLE WITH ANY
- PARTICULAR PLATFORM. SOME JURISDICTIONS
- DO NOT ALLOW THE WAIVER OR EXCLUSION OF
- IMPLIED WARRANTIES SO THEY MAY NOT APPLY
- TO YOU.
-
- 5. Limitation of Liability
-
- IN NO EVENT WILL PANICWARE, INC. BE
- LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
- INCIDENTAL OR CONSEQUENTIAL DAMAGES
- (INCLUDING, WITHOUT LIMITATION,
- INDIRECT, SPECIAL, PUNITIVE, OR
- EXEMPLARY DAMAGES FOR LOSS OF BUSINESS,
- LOSS OF PROFITS, BUSINESS INTERRUPTION,
- OR LOSS OF BUSINESS INFORMATION) ARISING
- OUT OF THE USE OF OR INABILITY TO USE
- THE SOFTWARE, OR FOR ANY CLAIM BY ANY
- OTHER PARTY, EVEN IF THE LICENSOR HAS
- BEEN ADVISED OF THE POSSIBILITY OF SUCH
- DAMAGES. BECAUSE SOME STATES/COUNTRIES
- DO NOT ALLOW THE EXCLUSION OR LIMITATION
- OF LIABILITY FOR CONSEQUENTIAL OR
- INCIDENTAL DAMAGES, THE ABOVE LIMITATION
- MAY NOT APPLY TO YOU.
-
- 6. Export Restrictions
-
- This License Agreement is expressly made
- subject to any laws, regulations,
- orders, or other restrictions on the
- export from the United States of America
- of the Software or information about the
- Software, which may be imposed from time
- to time by the government of the United
- States of America. You shall not export
- the Software, or information about the
- Software without consent of Panicware,
- Inc. and compliance with such laws,
- regulations, orders, or other
- restrictions.
-
- 7. General
-
- This License Agreement shall be
- construed, interpreted and governed by
- the laws of the State of Washington
- without regard to conflicts of law
- provisions in any other jurisdiction.
- The exclusive forum for any disputes
- arising out of or relating to this
- License Agreement shall be an
- appropriate federal or state court
- sitting in King County, State of
- Washington, USA. If any part of this
- License Agreement is found invalid or
- unenforceable by a court of competent
- jurisdiction, the remainder of this
- License Agreement shall continue in
- effect. This License Agreement sets
- forth the entire understanding and
- agreement between you and Panicware,
- Inc. and may be amended only in a
- writing signed by both parties.
-