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license.txt
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1999-02-11
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SyncIT.com License Agreement
Last modified on: January 5, 1999
This legal document is an agreement between you,
the end user ("Licensee"), and SyncIT.com Inc.
("Licensor").
BY DOWNLOADING OR OBTAINING AND USING THE
REGISTERED VERSION OF SYNCIT.COM SOFTWARE, YOU
ARE CONSENTING TO BE BOUND BY THE TERMS OF THIS
AGREEMENT, WHICH INCLUDES THE SOFTWARE LICENSE
AND SOFTWARE DISCLAIMER OF WARRANTY.
THIS AGREEMENT CONSTITUTES THE COMPLETE AGREEMENT
BETWEEN YOU AND SYNCIT.COM. IF YOU DO NOT AGREE
TO THE TERMS OF THIS AGREEMENT, CEASE TO USE THE
PRODUCT IMMEDIATELY AND DESTROY ALL COPIES THAT
YOU MADE.
BOOKMARKSYNC SOFTWARE LICENSE
-------------------------------------------------
1. LIMITED WARRANTY: BookmarkSync 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. Do not use it in
any situation in which correct functioning is
critical. The entire risk as to the results and
performance of BookmarkSync is assumed by you,
the Licensee. If BookmarkSync is defective, you,
and not SyncIT.com or any distributor, agent or
employee of SyncIT.com, assume the entire cost of
all necessary servicing, repair or correction.
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.
-------------------------------------------------
To the best of SyncIT.com's knowledge, your use
of BookmarkSync in accordance with its
documentation will not, in and of itself,
infringe any third party's copyright, patent, or
other intellectual property right. SyncIT.com is
not liable or responsible in any way for any
copyright violations you may commit as a result
of using BookmarkSync.
THE FOREGOING LIMITED WARRANTIES ARE IN LIEU OF
ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR
IMPLIED, AND SYNCIT.COM, DISCLAIMS ANY AND ALL
EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS,
EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF TITLE, OF
NON-INFRINGEMENT, OF MERCHANTABILITY OR OF
FITNESS FOR A PARTICULAR PURPOSE, regardless of
whether we know or have reason to know of your
particular needs. No oral or written information
or advice given by SyncIT.com, its dealers,
distributors, agents or employees shall create a
warranty or in any way increase the scope of the
above warranties, and you may not rely on any
such information or advice. No action for breach
of the above warranties may be commenced more
than one (1) year following the expiration date
of the warranty. If implied warranties may not
be disclaimed under applicable law, then any
implied warranties are limited in duration to 90
days after delivery of this copy of BookmarkSync
to you. Some states do not allow limitations on
how long an implied warranty lasts, so the above
limitation may not apply to you. This warranty
gives you specific legal rights. You may have
other rights, which vary from state to state.
IN NO EVENT SHALL SYNCIT.COM, OR ANYONE ELSE WHO
HAS BEEN INVOLVED IN THE CREATION, DISTRIBUTION,
OR DELIVERY OF THIS PRODUCT SHALL BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL
DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR
LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION,
LOSS OF BUSINESS INFORMATION, AND THE LIKE)
ARISING OUT OF THE USE OR INABILITY TO USE SUCH
PRODUCT EVEN IF SYNCIT.COM HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. Because some
states do not allow the exclusion or limitation
of liability for consequential or incidental
damages, the above limitation may not apply to
you.
2. TRANSFER RESTRICTIONS: This software,
BookmarkSync, is licensed only to you, the
Licensee. You may not permit non-Licensees to
use BookmarkSync or install it on computers or
networks other than explicitly specified in this
license without the prior written consent of
SyncIT.com. Any authorized transferee of
BookmarkSync shall be bound by the terms and
conditions of this License Agreement. In no
event may you transfer, assign, rent, lease, sell
or otherwise dispose of the software on a
temporary or permanent basis except as expressly
provided herein.
3. COPY RESTRICTIONS: This software and any
accompanying materials are copyrighted.
Unauthorized copying of BookmarkSync, including
any BookmarkSync software that has been modified,
merged or included with other software, or of any
of the textual materials accompanying
BookmarkSync is expressly forbidden. You may be
held legally responsible for copyright
infringement that is caused or encouraged by your
failure to abide by the terms of this License.
Subject to these restrictions, you may make one
(1) copy of BookmarkSync for backup purposes.
You must reproduce and include the copyright
notice on the backup copy.
4. You may not distribute copyrighted web pages
or any other data modified by SyncIT.com to any
other person, nor may you use such data for any
purpose other than your own personal viewing.
5. You may not modify, adapt, translate, reverse
engineer, decompile, disassemble (except to the
extent applicable laws specifically prohibit such
restriction), or create derivative works based on
BookmarkSync.
6. LIMITED NONEXCLUSIVE LICENSE: This license is
not a sale of the original software or of any
copy. Title, ownership rights, and all
intellectual property rights in BookmarkSync
shall remain the property of SyncIT.com.
7. To the best of the SyncIT.com's knowledge,
BookmarkSync is freely exportable from the United
States. However, SyncIT.com is in no way liable
or responsible if you violate any laws of the
United States or any other country by exporting
or using BookmarkSync in any way.
8. This license does not entitle you to any
future upgrades or updates of software or
configuration files, although we may decide to
make such upgrades or configuration file updates
freely available.
9. ENTIRE AGREEMENT: This written License
Agreement is the exclusive agreement between you
and SyncIT.com concerning BookmarkSync and
supersedes any and all prior oral or written
agreements, negotiations or other dealings
between us concerning BookmarkSync. This
Licence Agreement may be modified only by a
writing signed by you and SyncIT.com, Inc. In
the event of any litigation between you and
SyncIT.com concerning BookmarkSync, the
prevailing party will be entitled to recover
attorney's fees and expenses from the other
party. This agreement is subject to the laws and
jurisdiction of the courts of the State of New
York, USA. If a court of competent jurisdiction
invalidates one or more of the terms of this
contract, the surviving terms continue in force.
This License Agreement is effective upon the
earlier of your (1) use of BookmarkSync; or
(2) your manifesting assent to these terms as by
clicking on the "I Agree" button shown when you
downloaded or installed the software. You agree
that SyncIT.com need not sign this License
Agreement in order for it to take effect.
These notices must be retained in any
copies of any part of this documentation
and/or software.