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- You are about to install software that integrates sponsored
- messaging technology and will occasionally make use of your
- Internet connection.
-
- LINK CRAFTER END USER LICENSE AGREEMENT
-
- BY INSTALLING THIS APPLICATION, YOU ARE CONSENTING TO BE
- BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT.
- IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT,
- SELECT CANCEL, AND REMOVE ALL COPIES OF THIS INSTALL PROGRAM
- FROM YOUR COMPUTER.
-
- GRANT: Subject to the terms of this Agreement, Bannermation Inc.
- ("BANNERMATION") hereby grants you a limited, personal,
- nontransferable, nonsublicensable, royalty-free, nonexclusive license to
- use the client software product "Link Crafter" in object code form
- ("Software") for the purpose of creating link pages and notifying individuals
- who you have linked to. You are prohibited from using SOFTWARE to
- collect email addresses for any bulk email use, sending unrequested
- commercial email to the email addresses collected by SOFTWARE without
- prior exchange of email with the recipient, and any other email harrassment.
-
- You may: copy the SOFTWARE for archival purposes, provided any copy
- must contain all of the original Software's proprietary notices; you may use
- the SOFTWARE subject to the terms and conditions of this license.
-
- You may not, directly or indirectly: modify, translate, reverse engineer,
- decompile, disassemble (except to the extent applicable laws specifically
- prohibit such restriction), create derivative works based on, or otherwise
- attempt to discover the source code or underlying ideas or algorithms of
- the SOFTWARE; or copy (except for archival purposes as set forth
- above), rent, lease, distribute, transfer or otherwise transfer rights to the
- SOFTWARE; or remove any proprietary notices or labels on the SOFTWARE.
-
- SOFTWARE. This license does not grant you any right to any
- enhancement or update. Furthermore, this license does not grant you
- continued access to SOFTWARE.
-
- SUPPORT. This Agreement does not entitle you to any maintenance,
- upgrades, patches, enhancements, fixes, new versions or other support
- ("Support Programs") for the SOFTWARE; provided, however, that if you
- download or otherwise obtain in any manner any Support Programs they
- shall become part of the SOFTWARE and the terms of this Agreement
- shall apply.
-
- TITLE. As between the parties, title, ownership rights, and intellectual
- property rights in and to the SOFTWARE, and any copies or portions
- thereof, shall remain in BANNERMATION and its suppliers or licensors.
- The SOFTWARE are protected by the copyright laws of the United States
- and international copyright treaties.
-
- DISCLAIMER OF WARRANTY. THE SOFTWARE, AND ANY
- SERVICES THAT YOU RECEIVE FROM BANNERMATION, ARE
- PROVIDED "AS IS." BANNERMATION HEREBY DISCLAIMS ALL
- EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT
- LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR
- A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
-
- LIMITATION OF LIABILITY. You assume the entire risk as to the quality
- and performance of the SOFTWARE. BANNERMATION assumes no
- liability for the cost of any service or repair if the SOFTWARE is defective.
- Further, you assume the responsibility of, and any costs or liability
- associated with, making a connection (by any means) to the Internet, and
- you understand that the SOFTWARE will not operate without such a
- connection. You also understand that you are subject to all agreements
- with your Internet service provider related to sending email, and you
- have verified that use of this SOFTWARE does not violate these
- agreements in any way.
-
- UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY,
- TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL
- BANNERMATION OR ITS LICENSORS, SUPPLIERS OR RESELLERS
- BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT,
- SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCLUDING,
- WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF
- GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
- MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES
- OR LOSSES. IN NO EVENT WILL BANNERMATION BE LIABLE FOR
- ANY DAMAGES FOR A LICENSE TO THE SOFTWARE, EVEN IF
- BANNERMATION SHALL HAVE BEEN INFORMED OF THE
- POSSIBILITY OF SUCH DAMAGES.
-
- TERMINATION. BANNERMATION may, at its sole discretion, terminate
- this Agreement, the license granted herein, and your right to use or
- access the SOFTWARE at any time. On termination, you must destroy all
- copies of the Software.
-
-
- EXPORT CONTROLS. None of the SOFTWARE or underlying information
- or technology may be downloaded or otherwise exported or re-exported (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 (ii) into any country in which the U.S. has
- embargoed goods, or 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, 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 license
- agreement and supersedes all prior agreements and representations
- and may only be amended by a writing executed by the parties.
- 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 Colorado law.
-
- U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication or
- disclosure by the Government is subject to restrictions set forth in
- subparagraphs (a) through (d) of the Commercial Computer-Restricted
- Rights clause at FAR 52.227-19 when applicable, or in subparagraph
- (c)(1)(ii) of the Rights in Technical Data and Computer Software clause
- in DFARS 252.227-7013, and in similar clauses in the NASA FAR
- Supplement.
-
-