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- BY INSTALLING OR USING THE SOFTWARE, YOU ARE CONSENTING TO BE
- BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE
- TERMS OF THIS AGREEMENT, PLEASE RETURN THE PRODUCT TO THE
- PLACE OF PURCHASE FOR A FULL REFUND.
-
- LIVEUPDATE CRESCENDO OR CRESCENDO PLUS END USER LICENSE
- AGREEMENT - REDISTRIBUTION NOT PERMITTED
-
- This Agreement has 3 parts. Part I applies if you have not purchased
- a license to the accompanying software (the "Software"). Part II
- applies if you have purchased a license to the Software. Part III
- applies to all license grants. If you initially acquired a copy
- of the Software without purchasing a license and you wish to purchase
- a license, contact LiveUpdate on the Internet at
- http://www.liveupdate.com/crescendo.html.
-
- PART I -- TERMS APPLICABLE WHEN LICENSE FEES NOT (YET) PAID
- (LIMITED TO EVALUATION, EDUCATIONAL AND NON-PROFIT USE) GRANT.
-
- LiveUpdate grants you a non-exclusive license to use the Software free
- of charge if (a) you are a student, faculty member or staff member of
- an educational institution (K-12, junior college, college or library)
- or an employee of an organization which meets LiveUpdate's criteria for
- a charitable non-profit organization; or (b) your use of the Software
- is for the purpose of evaluating whether to purchase an ongoing
- license to the Software. The evaluation period for use by or on behalf
- of a commercial entity is limited to 30 days; evaluation use by others
- is not subject to this 30 day limit. Government agencies (other than
- public libraries) are not considered educational or charitable
- non-profit organizations for purposes of this Agreement. If you are
- using the Software free of charge, you are not entitled to hard-copy
- documentation, support or telephone assistance. If you fit within the
- description above, you may use the Software in the manner described
- in Part III below under "Scope of Grant."
-
- DISCLAIMER OF WARRANTY.
-
- Free of charge Software 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.
- The entire risk as to the quality and performance of the Software is
- borne by you. Should the Software prove defective, you and not
- LiveUpdate assume the entire cost of any service and repair. In
- addition, the security mechanisms implemented by LiveUpdate software
- have inherent limitations, and you must determine that the Software
- sufficiently meets your requirements. This disclaimer of warranty
- constitutes an essential part of the agreement.
- 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.
-
- PART II -- TERMS APPLICABLE WHEN LICENSE FEES PAID
-
- GRANT. Subject to payment of applicable license fees, LiveUpdate
- grants to you a non-exclusive license to use the Software and
- accompanying documentation ("Documentation") in the manner described
- in Part III below under "Scope of Grant."
-
- LIMITED WARRANTY.
-
- LiveUpdate warrants that for a period of thirty (30) days from the
- date of acquisition, the Software, if operated as directed, will
- substantially achieve the functionality described in the Documentation.
- LiveUpdate does not warrant, however, that your use of the Software
- will be uninterrupted or that the operation of the Software will be
- error-free or secure. LiveUpdate also warrants that the media
- containing the Software, if provided by LiveUpdate, is free from
- defects in material and workmanship and will so remain for thirty (30)
- days from the date you acquired the Software. LiveUpdate's sole
- liability for any breach of this warranty shall be, in LiveUpdate's
- sole discretion: (i) to replace your defective media; or (ii) to advise
- you how to achieve substantially the same functionality with the
- Software as described in the Documentation through a procedure
- different from that set forth in the Documentation; or (iii) if the
- above remedies are impracticable, to refund the license fee you paid
- for the Software. Repaired, corrected, or replaced Software and
- Documentation shall be covered by this limited warranty for the
- period remaining under the warranty that covered the original Software,
- or if longer, for thirty (30) days after the date (a) of shipment to
- you of the repaired or replaced Software, or (b) LiveUpdate advised you
- how to operate the Software so as to achieve the functionality
- described in the Documentation. Only if you inform LiveUpdate of your
- problem with the Software during the applicable warranty period and
- provide evidence of the date you purchased a license to the Software
- will LiveUpdate be obligated to honor this warranty. LiveUpdate will
- use reasonable commercial efforts to repair, replace, advise or, for
- individual consumers, refund pursuant to the foregoing warranty within
- 30 days of being so notified.
-
- THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY
- LIVEUPDATE. LIVEUPDATE MAKES NO OTHER EXPRESS WARRANTY AND NO
- WARRANTY OF NONINFRINGEMENT OF THIRD PARTIES' RIGHTS. THE
- DURATION OF IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION,
- WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR
- PURPOSE, IS LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD; SOME
- JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED
- WARRANTY LASTS, SO LIMITATIONS MAY NOT APPLY TO YOU. NO
- LIVEUPDATE DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE
- ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS
- WARRANTY. If any modifications are made to the Software by you during the warranty
- period; if the media is subjected to accident, abuse, or improper use;
- or if you violate the terms of this Agreement, then this warranty shall
- immediately be terminated. This warranty shall not apply if the
- Software is used on or in conjunction with hardware or software other
- than the unmodified version of hardware and software with which the
- software was designed to be used as described in the Documentation.
- THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY
- HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.
-
- PART III -- TERMS APPLICABLE TO ALL LICENSE GRANTS
-
- SCOPE OF GRANT.
-
- You may:
- * use the Software on any single computer;
- * use the Software on a network, provided that each person accessing
- the Software through the network must have a copy licensed to that
- person;
- * use the Software on a second computer so long as only one copy is
- used at a time;
- * copy the Software for archival purposes, provided any copy must
- contain all of the original Software's proprietary notices.
-
- You may not:
- * permit other individuals to use the Software except
- under the terms listed above;
- * permit concurrent use of the Software;
- * modify, translate, reverse engineer, decompile,
- disassemble (except to the extent applicable laws
- specifically prohibit such restriction), or create
- derivative works based on the Software;
- * copy the Software other than as specified above;
- * rent, lease, grant a security interest in, or
- otherwise transfer rights to the Software; or
- * remove any proprietary notices or labels on the
- Software.
-
- TITLE.
-
- Title, ownership rights, and intellectual property
- rights in the Software shall remain in LiveUpdate and/or
- its suppliers. The Software is protected by the
- copyright laws and treaties. Title and related rights
- in the content accessed through the Software is the
- property of the applicable content owner and may be
- protected by applicable law. This License gives you no
- rights to such content.
-
- TERMINATION.
-
- The license will terminate automatically if you fail to
- comply with the limitations described herein. On
- termination, you must destroy all copies of the Software
- and Documentation.
-
- EXPORT CONTROLS.
-
- None of the Software 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 (ii) to anyone on the U.S. Treasury
- Department's list of Specially Designated Nationals or
- the U.S. Commerce Department's Table of Denial 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.
- .
-
- LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND
- UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE,
- SHALL LIVEUPDATE OR ITS SUPPLIERS OR RESELLERS BE LIABLE
- TO YOU OR ANY OTHER PERSON FOR ANY 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. IN NO EVENT WILL LIVEUPDATE BE LIABLE FOR ANY
- DAMAGES IN EXCESS OF THE AMOUNT LIVEUPDATE RECEIVED FROM
- YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF LIVEUPDATE
- 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
- JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
- OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
- LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
-
-
- MISCELLANEOUS.
-
- If the copy of the Software you received was accompanied
- by a printed or other form of "hard-copy" End User
- License Agreement whose terms vary from this Agreement,
- then the hard-copy End User License Agreement governs
- your use of the Software. This Agreement represents the
- complete agreement concerning this license and may
- 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 IN YOUR PURCHASE ORDER.
- If any provision of this Agreement is held to be
- unenforceable, such provision shall be reformed only to
- the extent necessary to make it enforceable. This
- Agreement shall be governed by California law (except
- for conflict of law provisions). The application the
- United Nations Convention of Contracts for the
- International Sale of Goods is expressly excluded.
-
- 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 at DFARS 252.227-7013, or at 252.211-7015, or to
- LiveUpdate's standard commercial license, as applicable,
- and in similar clauses in the NASA FAR Supplement.
- Contractor/manufacturer is LiveUpdate, a division of LABTECH,
- 400 Research Drive, Wilmington, MA 01877.
-
-