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- THIS PRODUCT CONTAINS CERTAIN COMPUTER PROGRAMS AND OTHER
- PROPRIETARY MATERIAL, THE USE OF WHICH IS SUBJECT TO THE TERMS AND
- CONDITIONS OF GEO INTERACTIVE PUBLISHING INC.'S END USER SOFTWARE
- LICENSE AGREEMENT. OPENING THE SEALED PACKAGE, PRESSING THE "ACCEPT
- ALL" KEY ENABLING ACCESS TO THE SOFTWARE OR LOADING THE SOFTWARE
- ONTO YOUR COMPUTER CONSTITUTES YOUR ASSENT TO AND ACCEPTANCE OF THIS
- END USER SOFTWARE LICENSE AGREEMENT. IF YOU DO NOT AGREE WITH ALL
- THE TERMS, YOU MUST RETURN THIS PRODUCT (WITH THE PACKAGE STILL
- SEALED), ALL MANUALS AND DOCUMENTATION, AND PROOF OF PAYMENT, TO THE
- PLACE YOU OBTAINED THEM FOR A FULL REFUND WITHIN 30 DAYS OF FIRST
- ACQUIRING THIS PRODUCT. IF YOU HAVE ORDERED THIS PRODUCT,
- ACCEPTANCE IS EXPRESSLY CONDITIONAL ON YOUR ASSENT TO THESE TERMS TO
- THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS ARE CONSIDERED AN
- OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
-
- Emblaze.WebCharger
- END USER SOFTWARE LICENSE AGREEMENT
- TERMS AND CONDITIONS
-
- This is an agreement between you (Licensee) and GEO Interactive
- Publishing, Inc. (hereinafter "GEO"), under license from GEO
- Interactive Media Group Ltd.
-
- SOFTWARE LICENSE
-
- OWNERSHIP. The enclosed software ("Software"), any accompanying
- printed materials and all copies of the Software and printed
- materials, are owned by GEO Interactive Media Group, Ltd. and its
- licensors and are protected by copyright, trademark and trade secret
- laws and international treaty provisions. This Software is licensed
- and not sold.
-
- GRANT OF LICENSE. This agreement permits the use of one copy of the
- Software, which is licensed as a single product, in accordance with
- the accompanying documentation. The Software is "in use" on a
- single computer when it is loaded into the temporary memory (i.e.,
- RAM) or installed into the permanent memory (e.g., hard disk or
- other storage device) of that computer.
-
- LICENSE RESTRICTIONS. You may not make any unauthorized copies of
- the Software, except that you may either make one copy of the
- Software solely for backup or archival purposes or transfer the
- Software to a single hard disk provided you keep the original solely
- for backup or archival purposes. You may not permit other
- individuals to use the software except under the terms listed above.
- You may not modify, rent, lease, sub-license or use the Software for
- service bureau purposes, but you may transfer your rights under
- this Agreement on a permanent basis provided you transfer the
- license granted by this Agreement, the Software and all associated
- printed materials, retain no copies, and the recipient agrees to the
- terms of this Agreement. You may not reverse engineer, decompile or
- disassemble the Software, except to the extent expressly permitted
- by applicable law.
-
- NOTICES. You must not remove any product identification, copyright
- or other notices from the Software, and must reproduce and include
- the copyright notice and any other notices that appear on the
- original Software ("Notices") on any copies and on any products
- created using the Software and any media therefor. All right, title
- , interest to and ownership of the Software, any copies or portions
- contained in any products created using the Software, and all
- intellectual property rights related thereto are and at all times
- shall remain in GEO Interactive Media Group Ltd. and its licensors
- The names "GEO Interactive" and "EMBLAZE WEBCHARGER" (with or
- without GEO's logo design) and GEO's logo ("Marks") are owned by GEO
- Interactive Media Group Ltd. The use of the Software pursuant to
- this Agreement does not confer any right to you to use the Marks
- except to reproduce the Notices as required by this Agreement and in
- such a manner that shall avoid any confusion with regard to the
- ownership of the Marks and the Software.
-
- USE OF SOFTWARE: RESPONSIBILITIES. In connection with your use and
- creation of products using the Software on the Internet (e.g. as
- part of a Web site or Home Page): (i) you shall place the Marks, in
- a visible, prominent and clear manner in every Web site in or for
- which the Software is used. GEO requests that you place a hyper-link
- to GEO's Web site at <http://www.emblaze.com> (or then current
- successor address), including a link from any "Hot Links" or "Cool
- Links" page within any of such Home Pages under the title of
- "Technology" or in another appropriate place; and (ii) you agree to
- send an e-mail message to GEO at <EMBLAZE_SITES@geo.co.il> (or then
- current successor address), stating your name or company name, Web
- site address, a description of your Web site or Home Page and its
- function and your method of using the Software. If the Software or
- products created using the Software are used by you other than on
- the Internet, such use must clearly contain the Notices and Marks
- required above and include GEO's Web site URL.
-
- UPGRADES, SUPPORT. From time to time GEO may release new versions
- of the Software which contain improvements. If you purchase an
- upgrade, unless such upgrade is provided pursuant to a separate
- written agreement with GEO, this agreement will be extended to
- include both the original version of the Software and the new
- version.
-
- Support for the Software will be provided in accordance with GEO's
- then current support terms and policies, which may require a
- separate written support agreement and payment of additional fees.
-
- TERM. This agreement will remain in effect unless it is terminated
- due to a breach of its terms. Upon termination you will cease all
- use of the Software and destroy, or return to GEO, all printed
- materials and copies of the Software.
-
- LIMITED WARRANTY. GEO warrants that the Software will perform
- substantially in accordance with the accompanying printed materials
- for a period of thirty (30) days from the date of receipt. This
- warranty covers only problems reported to GEO during the warranty
- period.
-
- CUSTOMER REMEDIES. GEO'S AND GEO INTERACTIVE MEDIA GROUP LTD.'S AND
- THEIR LICENSORS' AND SUPPLIERS' ENTIRE LIABILITY AND YOUR EXCLUSIVE
- REMEDY UNDER ANY WARRANTY OR LEGAL THEORY SHALL BE LIMITED TO
- REPLACEMENT OF THE SOFTWARE OR RETURN OF THE PRICE PAID.
-
- NO OTHER WARRANTIES. GEO AND GEO INTERACTIVE MEDIA GROUP LTD.
- DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING,
- BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
- FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, WITH RESPECT TO THE
- SOFTWARE AND THE ACCOMPANYING PRINTED MATERIALS. EXCEPT FOR THE
- FOREGOING, THE SOFTWARE IS PROVIDED "AS IS."
-
- LIMITATION OF LIABILITY. IN NO EVENT SHALL GEO OR GEO INTERACTIVE
- MEDIA GROUP LTD. OR THEIR LICENSORS OR SUPPLIERS BE LIABLE UNDER ANY
- CONTRACT, NEGLIGENCE, STRICT LIABILITY OR THEORY FOR ANY INDIRECT
- OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF
- PROFITS, BUSINESS INTERRUPTION, LOSS OR INACCURACY OF INFORMATION),
- ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF
- GEO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO
- EVENT WILL GEO'S OR GEO INTERACTIVE MEDIA GROUP LTD.'S LIABILITY
- EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE. Because some
- jurisdictions do not allow the exclusion or limitation of liability
- of consequential or incidental damages, the above limitation may not
- apply to you.
-
- MISCELLANEOUS. This agreement is the complete and exclusive
- statement of the mutual understanding of the parties and supersedes
- any other agreement relating to the Software. This agreement shall
- be construed pursuant to the laws of the State of Israel without
- regard to the conflict of laws provisions thereof and without regard
- to the United Nations Convention on Contracts for the International
- Sale of Goods. To the extent that EC law is applicable, the
- restriction on reverse engineering is limited to prohibit such
- activity to the maximum extent without violating the EC Directive on
- the legal protection of computer programs.
-
- Licensee shall comply with all applicable export laws and
- restrictions and regulations of the U.S. Department of Commerce or
- other United States or foreign agency or authority, and not to
- export, or allow the export or reexport of the SOFTWARE, or any
- direct product thereof, in violation of any such restrictions, laws
- or regulations.
-
- Copyright (c) 1997 GEO Interactive Media Group, Ltd. Portions (c)
- 1990-1995 Asymetrix Corporation. All Rights Reserved. If Licensee
- is a unit or agency of the government, or acquiring the Software
- with government funds, the software and documentation are provided
- subject to GEO's standard commercial license; provided, however,
- that any contracts with non-defense agencies subject to the FAR, the
- Government shall have the rights set forth in subparagraph (c) of
- FAR 52.227-19, "Commercial Computer Software-Restricted Rights," as
- applicable.