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License.txt
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2000-07-21
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SMARTCELL TECHNOLOGY SOFTWARE LICENSE AGREEMENT
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By installing this software you accept all the terms and conditions of the
following agreement.
This SmartCell Technology Software License Agreement accompanies the
TextPlus(TM) (version 3.6) software product and related explanatory materials
("Software"). The term "Software" also shall include any upgrades, modified
versions or updates of the Software licensed to you by SmartCell Technology.
1. USE OF THE SOFTWARE
- You may use the Software in connection with a single computer system and for
the number of users and purpose specified by SmartCell Technology. You may
distribute the Software in the format as received from SmartCell Technology
provided that no modifications are made to the Software.
- You may not distribute the License Information in any form, any copy, or any
part of it to anyone else; you may not permit the use of the Software or
License Information by more than the specified number of users; you may not
sell, loan, rent, assign, lease or sub-license the Software or License
Information or any copy or any part of it to anyone else; you may not modify,
adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt
to discover the source code of the Software; you may not remove any copyright
notice, trade mark, legend, logo or product identification of the Software or
License Information.
2. COPYRIGHT AND TRADEMARK RIGHTS
The Software is owned by SmartCell Technology and its suppliers, and its
structure, organization and code are the valuable trade secrets of SmartCell
Technology and its suppliers. The Software also is protected by United States
Copyright Law and International Treaty provisions. You may use trademarks only
insofar as required to comply with Section 1 of this Agreement, in accordance
with accepted trademark practice, including identification of trademark
owner's name. Such use of any trademark does not give you any rights of
ownership in that trademark. Except as stated above, this Agreement does not
grant you any intellectual property rights in the Software.
3. LIABILITY
SMARTCELL TECHNOLOGY AND ITS SOFTWARE SUPPLIERS, DISTRIBUTORS AND DEALERS
MAKE NO REPRESENTATIONS OR WARRANTIES WHETHER EXPRESS OR IMPLIED (BY STATUTE
OR OTHERWISE) RELATING TO THE PERFORMANCE, QUALITY, MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE OF THE SOFTWARE OR OTHERWISE AND ALL SUCH
REPRESENTATIONS AND WARRANTIES ARE HEREBY SPECIFICALLY DISCLAIMED AND EXCLUDED.
YOU ALONE ARE ABLE TO DETERMINE WHETHER THE SOFTWARE WILL MEET YOUR
REQUIREMENTS AND THE ENTIRE RISK AS TO ITS PERFORMANCE IS WITH YOU AND, SHOULD
THE SOFTWARE PROVE DEFECTIVE, YOU ALONE MUST ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR OR CORRECTION AND ANY INCIDENTAL OR CONSEQUENTIAL
EXPENSES. IN NO EVENT WILL SMARTCELL TECHNOLOGY, ITS SOFTWARE SUPPLIERS OR
DISTRIBUTORS BE LIABLE FOR (1) DIRECT, (2) INDIRECT, (3) SPECIAL, (4)
INCIDENTAL OR (5) CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS OR BUSINESS)
RESULTING FROM ANY DEFECT AND OR/USE OF THE SOFTWARE, EVEN IF SMARTCELL
TECHNOLOGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, WHETHER DUE TO
SMARTCELL TECHNOLOGY'S NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR
OTHERWISE.
NOTWITHSTANDING THE ABOVE, IF THERE SHOULD ARISE ANY LIABILITY ON THE PART OF
SMARTCELL TECHNOLOGY BY REASON OF THE LICENSING OR USE OF THE SOFTWARE OR
OTHERWISE, WHETHER DUE TO SMARTCELL TECHNOLOGY'S NEGLIGENCE, BREACH OF
CONTRACT, MISREPRESENTATION OR OTHERWISE SUCH LIABILITY SHALL UNDER NO
CIRCUMSTANCES EXCEED THE PRICE PAID BY YOU FOR THE LICENSE TO USE THE SOFTWARE
OR AT THE ELECTION OF SMARTCELL TECHNOLOGY THE COST OF REPAIR OR REPLACEMENT
OF THE DEFECTIVE SOFTWARE BY SMARTCELL TECHNOLOGY.
YOU SHALL INDEMNIFY SMARTCELL TECHNOLOGY AGAINST ALL CLAIMS BY THIRD PARTIES
(OTHER THAN CLAIMS ALLEGING BREACH BY THE SOFTWARE, AS SUPPLIED, OF A THIRD
PARTY'S COPYRIGHT, PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS) ARISING FROM
THE POSSESSION OR USE OF THE SOFTWARE BY YOU OR ANYONE USING IT WITH YOUR
CONSENT.
Some states or jurisdictions do not allow the exclusion or limitation of
incidental, consequential or special damages, or the exclusion of implied
warranties or limitations on how long an implied warranty may last, so the
above limitations may not apply to you.
4. GOVERNING LAW AND GENERAL PROVISIONS
This Agreement will be governed by the laws of the State of California, U.S.A.,
excluding the application of its conflicts of law rules. This Agreement will
not be governed by the United Nations Convention on Contracts for the
International Sale of Goods, the application of which is expressly excluded.
If any part of this Agreement is found void and unenforceable, it will not
affect the validity of the balance of the Agreement, which shall remain valid
and enforceable according to its terms. You agree that the Software will not
be shipped, transferred or exported into any country or used in any manner
prohibited by the United States Export Administration Act or any other export
laws, restrictions or regulations. This Agreement shall automatically terminate
upon failure by you to comply with its terms. This Agreement may only be
modified in writing signed by an authorized officer of SmartCell Technology.
5. NOTICE TO GOVERNMENT END USERS
The Software and Documentation are "Commercial Items," as that term is defined
at 48 C.F.R. .101, consisting of "Commercial Computer Software" and
"Commercial Computer Software Documentation," as such terms are used in
48 C.F.R. 2.212 or 48 C.F.R. 27.7202, as applicable. Consistent with
48 C.F.R. 2.212 or 48 C.F.R. 27.7202-1 through 227.7202-4, as applicable,
the Commercial Computer Software and Commercial Computer Software Documentation
are being licensed to U.S. Government end users (A) only as Commercial Items
and (B) with only those rights as are granted to all other end users pursuant
to the terms and conditions herein.
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Copyright (c) 1999-2000, SmartCell Technology
All rights reserved.
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