CAREFULLY READ THIS LICENSE AGREEMENT. USE OF THE SOFTWARE IS CONDITIONED UPON YOUR ACCEPTANCE OF THE TERMS CONTAINED THEREIN. IF YOU DO NOT ACCEPT THE TERMS OF SUCH LICENSE AGREEMENT, YOU MUST IMMEDIATELY DISCONTINUE USE OF THE SOFTWARE.
GRANT. ParaGraph International, a Colorado general partnership whose address
is 1688 Dell Avenue, Campbell, California 95008 ("ParaGraph") hereby grants
to you a non-exclusive license to use its accompanying software product,
the VHSB Viewer Distributive Package ("Software") on the following terms:
The term "VHSB Viewer Distributive Package" identifies the complete package
containing the VHSB Viewer (VHSBView.exe) and the following components:
Accusoft.dll
Ctl3d.dll
Ns16.dll
Tregion.dll
Viewer.txt
License.txt
You may: copy and distribute the Software, including without limitation
by uploading Software to Bulletin Board Systems, FTP sites,
Usenet newsgroups and any network sites providing its users with access to
download the Software, provided that (i) any copy of the Software contains
all of the original Software's proprietary notices; (ii) the Software is
copied and distributed in its entirety (e.g. no component or components of
the Software may be distributed separately from one another); and
(iii) you notify third parties that their use of the Software is
conditioned upon the acceptance of the terms of the license agreement
contained in the file "license.txt," and if such third parties do not
accept the terms contained therein, they must immediately discontinue
use of the Software.
You may not: (i)alter, modify, translate, reverse engineer, decompile,
disassemble (except to the extent applicable laws specifically prohibit
such restrictions) or create derivative works based on the Software;
(ii) rent or lease the Software; (iii) remove any proprietary notices
or labels on or in the Software; or (iv) use ParaGraph's or ParaGraph's
suppliers' name, logos, or trademarks in any manner except as is necessary
to reproduce the appropriate copyright notices as required herein.
TITLE. Title, ownership rights, and intellectual property rights in and
to the Software and Documentation shall remain in ParaGraph and/or its
suppliers. The Software is protected by the copyright laws of the
United States and international copyright treaties. Title, ownership
rights, and intellectual property rights in and to the content accessed
through the Software is the property of the applicable content owner and
may be protected by applicable copyright or other law. This License gives
you no rights to such content.
THIS SOFTWARE IS PROVIDED "AS-IS" AND PARAGRAPH DISCLAIMS ALL EXPRESS
WARRANTIES, CONDITIONS, OR REPRESENTATIONS AND ALL IMPLIED WARRANTIES,
CONDITIONS, AND REPRESENTATIONS, INCLUDING BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. AS SOME
STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
IMPLIED WARRANTIES OR CONDITIONS, THIS EXCLUSION MAY NOT APPLY TO YOU.
NO PARAGRAPH DEALER, AGENT, OR EMPLOYEE, OR ANY OTHER PARTY IS AUTHORIZED
TO MAKE WARRANTIES OR CONDITIONS ON PARAGRAPH'S BEHALF.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY,
TORT, CONTRACT, OR OTHERWISE, SHALL PARAGRAPH OR ITS SUPPLIERS OR RESELLERS
BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES INCLUDING, WITHOUT
LIMITATION, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF
ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF PARAGRAPH SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. 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.
TERMINATION. This license will terminate automatically if you fail to
comply with the limitations described above. On termination, you must
destroy all copies of the Software and Documentation.
EXPORT CONTROLS. None of the Software, any portion thereof, or underlying
information or technology may be downloaded or otherwise exported or
reexported
(i) into (or to a national or resident of) Cuba, Iraq, Libya, Yugoslavia,
North Korea, Iran, Syria or any other country to which the U.S. has
embargoed goods or for which export is otherwise restricted; 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 or using the Software or any portion thereof,
you are agreeing to the foregoing and you are representing and warranting
that you are not located in, under the control of, or a national or
resident of any such country or on any such list.
MISCELLANEOUS. This Agreement represents the complete agreement concerning
this license between the parties and supersedes all prior agreements and ]
representations between them. It 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 CONTAINED IN YOUR PURCHASE ORDER.
If any provision of this Agreement is held to be unenforceable for any
reason, such provision shall be reformed only to the extent necessary
to make it enforceable. This Agreement shall be governed by and construed
under California law as such law applies to agreements between California
residents entered into and to be performed within California, except as
governed by Federal law. The application the United Nations Convention of
Contracts for the International Sale of Goods is expressly excluded.
U.S. Government End users. The Software is a "commercial item," as that
term is defined at 48 C.F.R. 2.101 (OCT 1995), consisting of "commercial
computer software" as that term is used in 48 C.F.R 12.212 (SEPT 1995).
Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4
(JUNE 1995), all U.S. Government End Users acquire the Software with only
