ATTENTION: PLEASE READ THIS DOCUMENT CAREFULLY BEFORE INSTALLING THIS SOFTWARE. THE INDIVIDUAL OR ENTITY INSTALLING THIS SOFTWARE (THE "END USER") AGREES TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE AND PROMPTLY REMOVE THE SOFTWARE FROM ITS STORAGE MEDIUM.
The enclosed computer program(s) and the accompanying documentation are provided to the End User by A.G. Internet Development, Inc. DBA Illumix Software, a Washington, D.C. Corporation ("Licensor") for use only under the following terms. Licensor reserves any right not expressly granted to the End User. The End User owns the disk on which the Software is recorded, but Licensor retains ownership of all copies of the Software itself. The End User assumes sole responsibility for the installation, use and results obtained from use of the Software.
1. License
End User is granted a limited, non-exclusive license to do only the following:
A-1. Free advertiser-sponsored version of the Software may be installed and maintained on an unlimited number of machines and may be redistributed to third parties. This section does not apply to purchased or registered Software.
A-2. Purchased/Registered Software may be installed and maintained on one computer at any time for use only in the End User's own business.
B. Make one copy in machine-readable form solely for backup or archival purposes for the computer which the Software is installed. The Software is protected by copyright law. As an express condition of this License, the End User must reproduce on the copy Licensor's copyright notice and any other proprietary legends on the original copy supplied by Licensor.
C. Transfer the Software and all rights under this License to another party together with a copy of this License and all written materials accompanying the Software, provided (i) the End User gives Licensor written notice of the transfer (including in such notice the identity of the transferee), and (ii) the other party reads and agrees to accept the terms and conditions of this License.
2. Restrictions.
The End User may NOT sublicense, assign, or distribute copies of the Software to others. The Software contains trade secrets. The End User may NOT decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human readable form. THE END USER MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN, RESELL FOR PROFIT, DISTRIBUTE, OR OTHERWISE ASSIGN OR TRANSFER THE SOFTWARE, OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF, EXCEPT AS EXPRESSLY PROVIDED IN SECTION 1.C. ABOVE.
3. Termination.
This License is effective until terminated. This License will terminate immediately without notice from Licensor if the End User fails to comply with any of its provisions. Upon termination the End User must destroy the Software and all copies thereof, and the End User may terminate this License at any time by doing so.
4. Export Law Assurances.
This Software is subject to United States export controls. This Software may not be downloaded or otherwise exported or re-exported (1) into (or to a national or resident of) Cuba, Iraq, Libya, Sudan, North Korea, Iran, Syria, Haiti, Yugoslavia, or any other country to which the United States has embargoed goods; or (2) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders.
By installing this software, you are agreeing to the foregoing and you are 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.
5. Limited Warranty for Registered Users.
This warranty shall only apply to End Users that purchased the Software from Licensor or one of Licensor's distributors. This clause of the License Agreement does not apply to End Users that have obtained a free version of the Software.
Licensor warrants that, for ninety (90) days from the date of initial use by the original Registered End User, the Software shall operate substantially in accordance with the published functional specifications current at the time of shipment. If, during the warranty period, a defect appears, End User shall return the Software to Licensor and Licensor's only obligation shall be, at Licensor's election, to replace the defective Software or refund the purchase price. The End User agrees that the foregoing constitutes the End User sole and exclusive remedy for breach by Licensor under any warranties made under this Agreement. This warranty does not cover any Software that has been altered or changed in any way by anyone other than Licensor. Licensor is not responsible for problems associated with or caused by incompatible operating systems or equipment, or for problems in the interaction of the Software with software not furnished by Licensor.
No oral or written information or advice given by Licensor or its dealers, distributors, employees or agents shall in any way extend, modify or add to the foregoing warranty.
THE WARRANTY AND REMEDY PROVIDED ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE END USER ASSUMES ALL RISK AS TO THE SUITABILITY, QUALITY, AND PERFORMANCE OF THE SOFTWARE. IN NO EVENT WILL LICENSOR, OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES, BE LIABLE TO THE END USER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR ACCOMPANYING WRITTEN MATERIALS, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LICENSOR'S LIABILITY TO THE END USER (IF ANY) FOR ACTUAL DIRECT DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO, AND IN NO EVENT SHALL EXCEED, THE AMOUNT ORIGINALLY PAID TO LICENSOR FOR THE LICENSE OF THE SOFTWARE.
6. Enhancements.
>From time to time Licensor may, in its sole discretion, advise the End User of updates, upgrades, enhancements or improvements to the Software and/or new releases of the Software (collectively, "Enhancements"), and may license the End User to use such Enhancements upon payment of prices as may be established by Licensor from time to time. All such Enhancements to the Software provided to the End User shall also be governed by the terms of this License.
7. Support
End Users who are using Advertiser sponsored versions of the Software are not entitled to any kind of support, documentation, or assistance from the Licensor. All support options are at the sole discretion of the Licensor and may be modified without notice. End Users who have purchased the Software are entitled to one year of e-mail support, and voice support for three seperate technical incidents.
8. Advertisement Integration.
The unregistered version of the Software will occasionally make use of your Internet connection to display advertisements. This advertisement technology is embedded within the Software. End Users may not modify, tamper, or attempt to disable embedded advertisement technology.
9. General.
This License will be governed by and construed in accordance with the laws of the District of Columbia, and shall inure to the benefit of Licensor and occasionally and their successors, assigns and legal representatives. If any provision of this License is held by a court of competent jurisdiction to be invalid or unenforceable to any extent under applicable law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this License will remain in full force and effect. Any notices or other communications to be sent to Licensor must be mailed first class, postage prepaid, to the following address: A.G. Internet Development, Inc. DBA Illumix Software, 1080 Wisconsin Avenue NW #3011.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and all prior proposals, agreements, representations, statements and undertakings are hereby expressly cancelled and superseded. This Agreement may not be changed or amended except by a written instrument executed by a duly authorized officer of Licensor.
10. Acknowledgment.
BY INSTALLING THIS SOFTWARE, THE END USER ACKNOWLEDGES THAT IT HAS READ THIS LICENSE, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. Should you have any questions concerning this License, contact Licensor at the address set forth above.
