home
***
CD-ROM
|
disk
|
FTP
|
other
***
search
/
PC World Plus! (NZ) 2000 May
/
PCW_MAY2000.iso
/
Topshare
/
flyswat.exe
/
license.txt
< prev
next >
Wrap
Text File
|
1999-09-06
|
10KB
|
226 lines
FLYSWAT END USER LICENSE AGREEMENT
IMPORTANT: READ THIS CAREFULLY BEFORE DOWNLOADING AND
USING THE SOFTWARE.
This is a legal agreement between you the end user
("Licensee") and flyswat, Inc. ("flyswat"). By clicking
on the "ACCEPT" button, you are agreeing to become a
party to and be bound by the terms of this Flyswat End
User License Agreement ("Agreement"). If you do not
wish to become a party to and be bound by all the terms
of the Agreement, click on the "CANCEL" button. All
questions concerning the Agreement should be directed
to: flyswat, Inc., Attn: Licensing, 75 Hawthorne St.,
Third Floor, San Francisco, CA 94105.
1. DEFINITIONS
1.1 "Software" means the object code version of
flyswat's "flyswat" software provided to Licensee in
connection with this Agreement, and shall also include
any updates, improvements, or modifications hereinafter
furnished to Licensee by flyswat, whether requested by
Licensee or initiated by flyswat. It is understood that
the provision of any such updates, improvements, or
modifications shall be at flyswat's sole discretion and
may be subject to fees and/or additional terms and
conditions.
1.2 "Navigation Services" means the services provided
by flyswat to Licensee in conjunction with the use of
the Software by the Licensee by which flyswat provides
Internet links and certain other Internet navigation
functions.
1.3 "Install" means to use the installation program
provided as part of the Software to install portions
of the Software onto Licensee's computer system on
Licensee's premises for subsequent use by Licensee.
2. LICENSE GRANT
2.1 License Grant. Subject to the terms and conditions
of this Agreement, flyswat grants to Licensee a
non-exclusive, non-transferable license to:(i) Install
the Software on a single computer for use with a single
CPU; and (ii) to use the Software, in object code form
only, on such computer.
2.2 License Restrictions. Licensee shall not and shall
not permit any other party to: (i) modify, translate,
reverse engineer, decompile, disassemble, or otherwise
reduce the Software to human perceivable form except
to the extent that such activities may not be
prohibited under applicable law; (ii) copy (except as
expressly authorized under this Agreement); (iii)
transfer, lease, loan, sublicense, resell, distribute,
or otherwise grant any rights in the Software in any
form to any third party, including any commercial
time-sharing, rental, outsourcing, or service bureau
use; or (iv) write or develop any derivative works of
the Software. All rights not specifically granted to
Licensee herein are reserved to flyswat. All trademark,
trade name, copyright, and other proprietary rights
notices or legends appearing on or in the Software
shall not be removed or altered and shall be accurately
reproduced by Licensee on any copies to the extent
Licensee is permitted to make such copies.
2.3 Navigation Services. The Software is intended
for use by Licensee in conjunction with flyswat's
Navigation Services. Flyswat reserves the right to
terminate the provision of Navigation Services at any
time, for any reason. Upon termination of Navigation
Services, Licensee's license to use the Software set
forth in this Section 2 shall also terminate. Flyswat
shall not be liable for any injury, loss, or damages of
any kind to Licensee resulting from the termination of
such Navigation Services.
2.4 Ownership. All right, title, and interest,
including all intellectual property rights, in and
to the Software and Navigation Services shall remain
with flyswat. Licensee acknowledges that the licenses
granted under this Agreement do not provide Licensee
with title or ownership of the Software, Software
copy, or Navigation Services, but only a limited
right of use.
3. USE OF DATA. Use of the Software and Navigation
Services by Licensee results in the generation of
certain usage and site data by Licensee. This data
does not include any personal data by which Licensee
may be identified. Licensee grants flyswat the
right to record such data and to use the data solely
in aggregate form. If Licensee does not wish to
grant flyswat such rights, Licensee may opt-out of
this provision after installation by (1) clicking
on the "Personalization" icon provided in the
Software, (2) proceeding to the "Privacy Options"
page, (3) selecting "Suspend Recording" and (4)
selecting "Do not resume recording on browser
re-start."
4. TERM AND TERMINATION
4.1 Term. This Agreement shall remain in effect
perpetually unless terminated as provided below.
4.2 Termination. This Agreement shall automatically
terminate in the event of unauthorized distribution,
copying, use, or modification of the Software by
Licensee. flyswat may terminate this Agreement at
any time upon notification to Licensee or
termination of Navigation Services, and Licensee
may terminate the Agreement at any time by
destroying or erasing any and all copies of the
Software in Licensee's possession.
4.3 Effect of Termination. Upon termination of
this Agreement, the rights and licenses granted
to Licensee under this Agreement shall immediately
terminate. Licensee shall immediately destroy or
erase all copies of the Software in Licensee's p
ossession. Sections2.4, 4, 5, 6, 7, 8, and 9 shall
survive termination of this Agreement for any reason.
5. DISCLAIMERS
5.1 Software Warranty Disclaimer. THE SOFTWARE IS
PROVIDED TO LICENSEE FREE OF CHARGE "AS IS."
FLYSWAT MAKES NO PROMISES, REPRESENTATIONS, OR
WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY,
OR OTHERWISE, WITH RESPECT TO THE SOFTWARE, AND
FLYSWAT SPECIFICALLY DISCLAIMS ALL WARRANTIES OF
MERCHANT ABILITY, NONINFRINGEMENT, AND FITNESS FOR
A PARTICULAR PURPOSE. FLYSWAT DOES NOT WARRANT
THAT THE OPERATION OF THE SOFTWARE WILL BE
UNINTERRUPTED OR ERROR FREE.
5.2 Data and Content Disclaimer. Use of the
Software and Navigation Services results in the
provision of Internet links to sites controlled
and provided by third parties. All data and content
provided through or available on such sites is
the property of such data or content owner and
are subject to copyright and other restrictions
imposed by such sites or the content owners.
Flyswat does not own, control, manage, or supervise
such data, content, or third party sites. FLYSWAT
MAKES NO PROMISES, REPRESENTATIONS, OR WARRANTIES,
EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH
RESPECT TO SUCH DATA AND CONTENT, AND FLYSWAT
SPECIFICALLY DISCLAIMSANY WARRANTIES AS TO THE
AVAILABILITY, ACCURACY, OR CONTENT OF INFORMATION,
PRODUCTS, OR SERVICES, AND ANY WARRANTIES OF
MERCHANT ABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. LICENSEE'S USE OF AND RELIANCE ON ANY
SUCH DATA AND CONTENT IS AT ITS OWN RISK ANDEXPENSE.
5.3 High Risk Activities. THE SOFTWARE IS NOT
FAULT-TOLERANT AND IS NOT DESIGNED, MANUFACTURED,
OR INTENDED FOR USE OR RESALE AS ON-LINE CONTROL
EQUIPMENTIN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE
PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR
FACILITIES, AIRCRAFT NAVIGATION, OR COMMUNICATION
SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT
MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE
OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL
INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGES
("HIGH RISK ACTIVITIES"). ACCORDINGLY, FLYSWAT
SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY
OF FITNESS FOR HIGH RISK ACTIVITIES.
6. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES
WILL FLYSWAT BE LIABLE FOR ANY SPECIAL, DIRECT,
INDIRECT, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES OF ANY KIND OR NATURE WHATSOEVER, ARISING
OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT. SUCH
LIMITATION ON DAMAGES INCLUDES, BUT IS NOT LIMITED
TO, BUSINESS DISRUPTION, LOSS OF DATA OR COST OF
COVER, OR DAMAGE TO SYSTEMS AND DATA, REGARDLESS OF
THE LEGALTHEORY ON WHICH THE CLAIM IS BROUGHT, EVEN
IF FLYSWAT HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE OR IF SUCH DAMAGE COULD HAVE BEEN
REASONABLY FORESEEN.
7. U.S. GOVERNMENT RIGHTS. The Software is deemed
to be "commercial computer software" and/or
"commercial computer software documentation"
pursuant to DFAR Section 227.7202 and FAR Section
12.212 as applicable. Any use, duplication,
reproduction, release, modification, disclosure,
performance, display, or transfer by the U.S.
Government shall be governed solely by, and
prohibited, except as expressly permitted under
the terms of this Agreement.
8. EXPORT. Flyswat is subject to, and Licensee
warrants that it will comply with, regulations of
agencies of the U.S. Government regarding export
and re- export restrictions on the Software,
including, but not limited to, the Export
Administration Regulations of the U.S. Department
of Commerce, which prohibit export or diversion of
certain technical products to certain countries.
9. GENERAL. Licensee may not assign this Agreement
or any rights or obligations hereunder, directly or
indirectly by operation of law or otherwise, without
the prior written consent of flyswat. If any
provision of this Agreement is held by a court of
competent jurisdiction to be contrary to law, the
remaining provisions of this Agreement shall remain
in full force and effect. This Agreement shall not
be governed by the 1980 United Nations Convention on
Contracts for the International Sale of Goods;
rather this Agreement shall be governed by the laws
of the State of California, without reference to
conflict of laws principles. This Agreement
represents the entire understanding and agreement
of the parties regarding the subject matter hereof
and may only be modified in writing signed by an
authorized representative of flyswat.