All use of the PowWow software is subject to this license agreement. By clicking on the "Yes" button below, you are agreeing to be bound by all the terms and conditions of this agreement, and you consent to be bound by and become a party to this agreement. If you do not agree to all the terms and conditions of this agreement, click the "No" button and you will not have any license to and may not use any part of the PowWow software. Tribal Voice's acceptance is expressly contingent upon your assent to all the terms and conditions of this agreement; if these terms are considered an offer by Tribal Voice, acceptance is expressly limited to these terms.
PowWow copyright (c)1995-1998 by Tribal Voice, Inc. All rights reserved. PowWow is distributed free-of-charge for personal non-institutional use by individuals. Tribal Voice, Inc. reserves the right to charge for all other uses. Licensing information is available by contacting Tribal Voice, Inc.
GRANT. By using the PowWow Software ("PowWow"), you agree to abide by the terms of this license agreement ("Agreement"). Subject to the terms of this Agreement, Tribal Voice, Inc. ("Tribal Voice") hereby grants you a limited, personal, nontransferable, nonsublicensable, royalty-free, nonexclusive license to use one copy of PowWow in object code form only on a single computer and only in accordance with the applicable end user and technical documentation for the purpose of accessing the Tribal Voice Registration Service in order to interact with other PowWow users via the Internet.
You may copy PowWow for archival purposes and for the purposes of distribution only in accordance with the terms set forth below, provided any copy must contain all original proprietary notices included by Tribal Voice and must contain a copy of this Agreement.
You may distribute PowWow only to other individual users who agree to be bound by the terms of this Agreement. PowWow must be distributed complete and intact without modifications whatsoever. No modifications are allowed, including BBS advertisements and modifications to the distribution file. PowWow may be distributed on BBSes, Internet FTP sites, commercial online services, and on CD-ROM's containing public domain freeware and shareware programs; provided however that you must notify Tribal Voice within thirty (30) days of commencement of distribution and you must send to Tribal Voice (to the address indicated below) a written estimate of the number of copies of PowWow distributed no less often than once each calendar quarter. In the case of CD-ROM distribution, notice must be given that the disc contains shareware with an explanation of the applicable terms and conditions for shareware distribution.
To distribute PowWow with a magazine, book, or bundled with another product, you must obtain written permission from Tribal Voice.
RESTRICTIONS. You agree you will not attempt to reverse compile, modify, translate, create derivative works of, or disassemble (except to the extent applicable laws specifically prohibit such restriction) PowWow in whole or in part or to otherwise attempt to derive source code or underlying ideas or algorithms from PowWow and that you will make reasonable efforts to prevent anyone from doing same. You may not remove any proprietary notices or labels from PowWow or any copy thereof.
TITLE. As between the parties, title, ownership rights, and intellectual property rights in and to PowWow, and any copies or portions thereof, shall remain in Tribal Voice and its suppliers or licensors. PowWow is protected by the copyright laws of the United States and international copyright treaties. Title, ownership rights, and intellectual property rights in and to any software, data, information, text, pictures, images, avatars, characters, sounds, personalities, or other content ("Content") accessed through PowWow is the property of the applicable owner and may be protected by applicable copyright or other law. This license gives you no rights, title, or interest to Content except the limited license to use PowWow as described above.
DISCLAIMER OF WARRANTY. POWWOW, AND ANY SUPPORT OR SERVICES YOU MAY RECEIVE FROM TRIBAL VOICE, ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. TRIBAL VOICE HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TRIBAL VOICE DOES NOT WARRANT THAT LICENSEE WILL HAVE CONTINUOUS, UNINTERRUPTED USE OF THE SOFTWARE OR THE TRIBAL VOICE REGISTRATION SERVICE OR THAT POWWOW IS ERROR-FREE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES 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 FROM STATE TO STATE OR BY JURISDICTION.
PROPER USE OF SOFTWARE. You understand and acknowledge that PowWow is a tool to assist you in communicating with other people and that you, other users and third parties, and not Tribal Voice or its licensors, are responsible for the content of such communications and data. Tribal Voice exercises no screening, editorial, or other control over Content available to you through use of PowWow, and Content may include material that could be deemed distasteful, misleading, inaccurate, offensive, pornographic or otherwise objectionable. Furthermore, use of PowWow does not guarantee any privacy or confidentiality of any Content which you post or make available through PowWow and Tribal Voice assumes no responsibility or liability for the preservation of such Content. You may not use PowWow or the Tribal Voice Registration Services in any manner that in the sole discretion of Tribal Voice is deemed to interfere with the reasonable use of PowWow by other PowWow users with whom you may interact using PowWow. You shall only use PowWow for lawful purposes, in compliance with all applicable laws, including without limitation copyright, trademark, obscenity and defamation laws. Unlawful activities may include, without limitation, storing, distributing or transmitting any unlawful material, attempting to compromise the security of any networked account or site, or making threats of physical harm.
You are solely responsible for the content of any transmissions through or using PowWow. You agree to enter a valid email address, of which you are the owner or primary user, and a unique password when using PowWow and the Tribal Voice Registration Service. Tribal Voice reserves the right to take any action against anyone who violates these terms, including but not limited to modifying or removing any Content or discontinuing use of PowWow or the Tribal Voice Registration Service without notice to you. You hereby release Tribal Voice from any and all liability for all claims related to Content as well as claims related to the security or level of privacy provided. You agree to indemnify and hold harmless Tribal Voice and its licensors, affiliates, directors, officers, agents and employees from and against any and all claims, actions, proceedings, damages, judgments, losses, liabilities and expenses (including reasonable attorneys fees) arising out of or in connection with any communications generated by you or content posted by you using PowWow. You assume responsibility of, and any costs or liability associated with, making a connection to the Tribal Voice Registration Service, and you understand that PowWow will not operate without such a connection.
LIMITATION OF LIABILITY. Tribal Voice and its licensors shall not be liable under any tort, contract, strict liability, or other legal or equitable theory for any indirect, special, incidental, or consequential damages of any kind including, without limitation, damages for lost profits, loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses. In no event will Tribal Voice be liable for any damages in excess of the list price for a license to PowWow, even if Tribal Voice shall have been informed of the possibility of such damages. This limitation of liability shall not apply to liability for death or personal injury to the extent applicable law prohibits such limitation. Furthermore, some states do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you.
SUPPORT. This Agreement does not entitle you to any maintenance, upgrades, patches, enhancements, fixes, new versions or other support ("Support Programs") for PowWow; provided, however, that if you download or otherwise obtain in any manner any Support Programs they shall become part of PowWow and the terms of this Agreement shall apply. You agree you will allow Tribal Voice to contact you for purposes of announcing new releases, bug-fixes, and other technical and business information.
TERMINATION. This Agreement, including all of your rights to use PowWow, will terminate automatically and immediately if you fail to comply with the terms and conditions of this Agreement. In addition, Tribal Voice may, at its sole discretion, terminate this Agreement, the license granted herein, and your right to use or access PowWow, or the Tribal Voice Registration Service at any time. On termination, you must destroy all copies of PowWow. Except for the license granted in the "Grant" section of this Agreement and except as otherwise expressly provided herein, the terms of this Agreement shall survive termination. Termination is not an exclusive remedy and all other remedies will be available whether or not the license is terminated.
EXPORT CONTROLS. You shall comply with the U.S. Foreign Corrupt Practices Act (regarding, among other things, payments to government officials) and all export laws and restrictions and regulations of the Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control ("OFAC"), or other United States or foreign agency or authority, and agree not to export, or allow the download, export or re-export of any Software or portion thereof in violation of any such restrictions, laws or regulations.
MISCELLANEOUS. In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license. You may not assign your rights or obligations under this Agreement without the express written consent of Tribal Voice. This Agreement will be governed by the laws of the State of California as they are applied to agreements between California residents entered into and to be performed entirely within California. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.
GOVERNMENT USE. As defined in FAR section 2.101, PowWow and its accompanying documentation licensed in this Agreement are "commercial items" and according to DFAR section 252.227-7014(a)(1) and (5) are deemed to be "commercial computer software" and "commercial computer software documentation." Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the terms of this Agreement.
PowWow includes software licensed by Tribal Voice from The Independent JPEG Group, First Byte, and VoxWare, Inc. that is protected by the copyrights, trademark rights and other intellectual property rights of its respective owners.
Tribal Voice, Inc.
One Victor Square
Scotts Valley, CA 95066
Customer Sales and Service: Toll-free (877) 4POWWOW
