This License Agreement is entered into between PRIME Consulting Group, Inc. as Licensor and recipient of enclosed materials (diskette, related materials, and/or components downloaded from the World Wide Web) as Licensee.
This is a legal agreement between Licensor and Licensee. If Licensee does not agree to the terms of this Agreement, Licensee shall promptly return the enclosed materials to Licensor, or permanently remove all enclosed materials from Licensee's personal computer.
Licensor hereby grants to Licensee the right to install the PRIME Bookmark Popup components ("PRIME Bookmark Popup") - including but not limited to DLLs, macros, templates, and WLLs - on any one (1) personal computer. If Licensor installs PRIME Bookmark Popup on a network server, Licensor agrees that one and only one user shall have access to that specific installed copy of PRIME Bookmark Popup. Use of PRIME Bookmark Popup by more than one user is a violation of the terms of this agreement.
Use of PRIME Bookmark Popup covered by this license by Licensee constitutes acceptance by Licensee of the terms and conditions of this agreement and Licensee agrees to be bound by the terms of same.
For the purpose of this agreement both parties hereby agree that the word "use" means loading files containing PRIME Bookmark Popup features into RAM as well as installation on a hard disk or other storage device. In no event shall the term "use" include the right to modify, update, reverse engineer, decompile, disassemble, publicize, publish, republish, copyright, sell or transfer either this license, or the rights granted by this license, or the technology thereunder in relation thereto.
This license is limited to Licensee, which may access PRIME Bookmark Popup from a hard disk, or any other method Licensee chooses to utilize, so long as Licensee otherwise complies with the terms of this License Agreement.
Licensee agrees and acknowledges that PRIME Bookmark Popup was specifically written for Microsoft Word 97 (version 8), Microsoft Word 2000 (version 9), and Microsoft Windows 95/98 and Microsoft Windows NT 4.0 SP3 (or later), and that PRIME Bookmark Popup may or may not work with any other version of these applications and operating systems/environments, either earlier or later.
LICENSOR DISCLAIMS, AND LICENSEE AGREES AND ACKNOWLEDGES THE DISCLAIMER OF ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL LICENSOR, OR ANY PERSON, FIRM OR ENTITY RELATED OR AFFILIATED THEREWITH, BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PURPOSE, BUSINESS INTERRUPTION, BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS WHATSOEVER, ARISING OUT OF THE USE OF, OR THE INABILITY TO USE, THE SUBJECT OF THIS LICENSE.
Licensee acknowledges that it has no rights whatsoever to copyright, in any country, anything in relation to PRIME Bookmark Popup, and promises and represents that it shall not attempt to do so, the same being exclusively vested in Licensor. Licensee acknowledges that it has no rights whatsoever to redistribute PRIME Bookmark Popup, and is prohibited from doing so.
In the event Licensee breaches any term of this License Agreement it shall pay to Licensor, in addition to damages, all costs of suit and/or appeal to enforce the terms of this License Agreement, including, but not limited to, reasonable attorney's fees.
Both parties agree that this Agreement represents the complete and final agreement and understanding between the parties and all other prior and/or contemporaneous understandings or agreements are merged herein and shall have no further force and/or effect, and, that this Agreement is an "Integrated" agreement, and shall be governed exclusively by the laws of the United States of America and the State of California.
