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- END-USER LICENSE AGREEMENT
-
- DIGIGAMI, INC.
-
- ELECTRONIC END-USER LICENSE AGREEMENT
-
- BEFORE YOU CLICK ON THE "YES" BUTTON, CAREFULLY READ THE TERMS AND
- CONDITIONS OF THIS AGREEMENT. BY CLICKING ON THE "YES" BUTTON, YOU
- ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THE
- FOLLOWING LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND
- CONDITIONS OF THIS AGREEMENT, CLICK THE "EXIT" BUTTON AND DO
- NOT USE THE SOFTWARE.
-
- This Agreement has 3 parts. Part I applies if you have not purchased a
- license to the accompanying software (the "Software"). Part II
- applies if you have purchased a license to the Software. Part III
- applies to all license grants. If you initially acquired a copy of
- the Software without purchasing a license and you wish to purchase a
- license, contact Digigami, Inc. ("Digigami") on the Internet at
- http://www.digigami.com.
-
-
- PART I - TERMS APPLICABLE WHEN LICENSE FEES NOT (YET) PAID
- (LIMITED TO EVALUATION, EDUCATIONAL AND NON-PROFIT USE)
-
- A. Grant. Digigami grants you a non-exclusive license to use the
- Software free of charge if (a) you are a student, faculty member or
- staff member of an educational institution (K-12), junior college,
- college or library) or an employee of an organization which meets
- Digigami's criteria for a charitable non-profit organization; or (b)
- your use of the Software is for the purpose of evaluating whether to
- purchase an ongoing license to the Software. The evaluation period
- for use by or on behalf of a commercial entity is limited to 30 days;
- evaluation use by others is not subject to this 30 day limit.
- Government agencies (other than public libraries) are not considered
- educational or charitable non-profit organizations for purposes of
- this Agreement. If you are using the Software free of charge, you are
- not entitled to hard-copy documentation, support or telephone
- assistance. If you fit within the description above, you may use the
- Software in the manner described in Part III below under "Scope of
- Grant."
-
- B. 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 borne by you. Should the Software
- prove defective, you and not Digigami assume the entire cost of any
- service and repair. This disclaimer of warranty constitutes an
- essential part of this Agreement. SOME JURISDICTIONS DO NOT ALLOW
- EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY
- TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.
-
-
- PART II - TERMS APPLICABLE WHEN LICENSE FEES PAID
-
- A. License Grant. Subject to payment of the applicable license fees,
- Digigami hereby grants you, the user, a non-exclusive,
- non-sublicensable license to use this version of the Software and
- accompanying documentation (the "Documentation") as specified by this
- License Agreement, on one computer only. Digigami reserves the right
- at any time to alter price, features, specifications, capability,
- functions, licensing terms, release dates, general availability or
- other characteristics of the Software.
-
- B. Limited Warranties and Limited Liability. Digigami warrants that
- for a period of ninety (30) days from the date of acquisition, the
- Software, if operated as directed, will substantially achieve the
- functionality described in the Documentation. Digigami does not
- warrant, however, that your use of the Software will be uninterrupted
- or that the operation of the Software will be error-free. Digigami
- also warrants that the media containing the Software, if provided by
- Digigami, is free from defects in material and workmanship and will
- so remain for ninety (30) days from the date you acquired the
- Software. Digigami's sole liability for any breach of this Warranty
- shall be, in Digigami's sole discretion: (i) to replace your
- defective media; or (ii) to advise you how to achieve substantially
- the same functionality with the Software as described in the
- Documentation through a procedure different from that set forth in the
- Documentation; or (iii) if the above remedies are impracticable, to
- refund the license fee you paid for the Software. Repaired,
- corrected, or replaced Software and Documentation shall be covered by
- this limited warranty for the period remaining under the warranty
- that covered the original Software, or if longer, for thirty (30)
- days after the date (a) of shipment to you of the repaired or replaced
- Software, or (b) Digigami advised you how to operate the Software so
- as to achieve the functionality described in the Documentation. Only
- if you inform Digigami of your problem with the Software during the
- applicable warranty period and provide evidence of the date you
- purchased a license to the Software will Digigami be obligated to
- honor this warranty. Digigami will use reasonable commercial efforts
- to repair, replace, advise, or refund pursuant to the foregoing
- warranty within 30 days of being so notified.
-
- THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY
- DIGIGAMI. DIGIGAMI MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES AND
- NO WARRANTY OF NONINFRINGEMENT OF THIRD PARTIES' RIGHTS, OF
- MERCHANTABILITY, OR OF FITNESS FOR A PARTICULAR PURPOSE. NO DIGIGAMI
- DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS,
- EXTENSIONS, OR ADDITIONS TO THIS WARRANTY. IN NO EVENT WILL DIGIGAMI
- BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR
- SPECIAL DAMAGES, WHETHER ARISING IN TORT, CONTRACT OR OTHERWISE,
- INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK
- STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY LOST PROFITS OR
- LOST SAVINGS, EVEN IF A DIGIGAMI REPRESENTATIVE HAS BEEN ADVISED OF
- THE POSSIBILITY OF SUCH DAMAGES.
-
- If any modifications are made to the Software by you during the
- warranty period; if the media is subjected to accident, abuse, or
- improper use; or if you violate the terms of this Agreement, then
- this warranty shall immediately be terminated. This warranty shall not
- apply if the Software is used on or in conjunction with hardware or
- software other than the unmodified version of hardware and software
- with which the software was designed to be used as described in the
- Documentation. 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.
-
-
- PART III - TERMS APPLICABLE TO ALL LICENSE GRANTS
-
- A. Scope of License Grant. You may:
- 1. Use the Software on any single computer;
- 2. Use the Software on a network, provided that each person accessing
- the Software through the network must have a copy licensed to the
- person, either pursuant to Part I or Part II above;
- 3. Use the Software on a second computer so long as only one copy is
- used at a time; or
- 4. Copy the Software for archival purposes, provided any copy must
- contain all of the original Software's proprietary notices.
-
- B. Restrictions on License Grant. You may not:
- 1. Permit other individuals to use the Software except under the terms
- listed above;
- 2. Permit concurrent use of the Software;
- 3. Modify, translate, reverse engineer, decompile, disassemble (except
- to the extent applicable laws specifically prohibit such
- restriction), or create derivative works based on the Software;
- 4. Copy the Software other than as specified above;
- 5. Rent, lease, grant a security interest in, or otherwise transfer
- rights to the Software;
- 6. Remove any proprietary notices or labels on the Software; or
- 7. Use the Software for commercial or for-profit purposes if your
- license to use has been obtained pursuant to Part I.
-
- C. 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 and Documentation.
-
- D. Copyright. The Software is owned by Digigami, and its structure,
- organization and code are the valuable trade secrets of Digigami. The
- Software is also protected by United States Copyright Law and
- International Treaty provisions. You agree not to modify, adapt,
- translate or otherwise attempt to change the Software. This Agreement
- does not grant you any intellectual property rights in the Software.
- You cannot delete the Digigami copyright or trademark notices.
-
- E. Choice of Forum. This Agreement shall be governed by and construed
- in accordance with the laws of the State of California (except for
- the conflicts of laws provisions thereof) and, as to matters affecting
- copyrights, trademarks and patents, by U.S. federal law.
-
- F. Use by the Government. 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 and in similar clauses in the NASA AR Supplement.
- Contractor/manufacturer is Digigami, Inc., 624 Broadway, Suite 200,
- San Diego, California 92101.
-
- G. Downloading or Exporting Software Abroad. You may not download or
- otherwise export or re- export the Software or any underlying
- information or technology except in full compliance with all United
- States and other applicable laws and regulations. In particular, but
- without limitation, none of the Software or underlying information or
- technology may be downloaded or otherwise exported or re-exported (i)
- into (or to a national or resident of) Cuba, Haiti, 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
- Department's list of Specially Designated Nationals or the U.S.
- Commerce Department's Table of Deny orders. By downloading the
- Software, you are agreeing to the foregoing and you are representing
- and warranting that you are not located in, under control of, or a
- national or resident of any such country or on any such list.
-
- H. 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. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS
- EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH
- HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER. 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 of the United Nations Convention of Contracts for the
- International Sale of Goods is expressly excluded.
-
-