BEFORE YOU CLICK ON THE "ACCEPT" BUTTON AT THE END OF
THIS DOCUMENT, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CLICKING ON THE "ACCEPT" BUTTON, 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, CLICK THE "DO NOT ACCEPT" BUTTON AND DO NOT USE THE SOFTWARE.
1. Thunder & Lightning Company
grants to you a non-exclusive, non-sublicensable, license
to use this Beta version of the Thunder & Lightning Company's
Web Factory (the "Software"), in binary executable form for
evaluation and trial use purposes only. THIS BETA SOFTWARE
VERSION EXPIRES MARCH 31, 1997 OR WITHIN 30 DAYS OF YOUR INITIAL USE OF THE PROGRAM, WHICHEVER COMES FIRST.
2. Thunder & Lightning Company MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THIS SOFTWARE OR ABOUT ANY CONTENT OR INFORMATION MADE ACCESSIBLE BY THE SOFTWARE, FOR ANY PURPOSE. THE SOFTWARE IS PROVIDED 'AS IS' WITHOUT EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. THIS SOFTWARE IS PROVIDED GRATUITOUSLY AND, ACCORDINGLY, Thunder & Lightning Company SHALL NOT BE LIABLE UNDER ANY THEORY OR ANY DAMAGES SUFFERED BY YOU OR ANY USER OF THE SOFTWARE. Thunder & Lightning Company WILL NOT SUPPORT THIS SOFTWARE AND WILL NOT ISSUE UPDATES TO THIS SOFTWARE.
3. All content accessed through the Software is the
property of the applicable content owner and may be
protected by applicable copyright law. This License
gives you no rights to such content.
4. While Thunder & Lightning Company intends to distribute a commercial release of the Software, Thunder & Lightning Company reserves the right at any time not to release a commercial release of the Software or, if released, to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the commercial release.
5. Title, ownership rights, and intellectual property
rights in and to the Software shall remain in Thunder & Lightning Company
and/or its suppliers. You agree to abide by the
copyright law and all other applicable laws of the United
States including, but not limited to, export control
laws. You acknowledge that the Software in source code
form remains a confidential trade secret of Thunder & Lightning Company
and/or its suppliers and therefore you agree not to
modify the Software or attempt to decipher, decompile,
disassemble or reverse engineer the Software, except to
the extent applicable laws specifically prohibit such
restriction.
6. Thunder & Lightning Company may terminate this License at any time by
delivering notice to you and you may terminate this
License at any time by destroying or erasing your copy of
the Software. Upon termination of this License, or in
any event within thirty (30) days following Thunder & Lightning Company's
release of a commercial version of the Software, you
agree to destroy or erase the Software. In the event of
termination, the following sections of this License will
survive: 2, 3, 4, 5, 6, 7 and 8. This License is
personal to you and you agree not to assign your rights
herein. This License shall be governed by and construed
in accordance with the laws of the State of California
and, as to matters affecting copyrights, trademarks and
patents, by U.S. federal law. This License sets forth
the entire agreement between you and Thunder & Lightning Company.
7. 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, and
in similar clauses in the NASA AR Supplement.
Contractor/ manufacturer is Thunder & Lightning Company
6540 Lusk Blvd., Suite C212 San Diego, CA 92121
8. You may not download or otherwise export or reexport
the Software or any underlying information or technology
except in full compliance with all United States and
other applicable laws and regulations. In particular,
but without limitation, 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, Haiti, Iraq, Libya,
Yugoslavia, North Korea, Iran, or Syria or (ii) to anyone
on the US Treasury Department's list of Specially
Designated Nationals or the US Commerce Department's
Table of Deny Orders. By downloading the Software, you
are agreeing to the foregoing and you are representing
and warranting that you are not located in, under control
of, or a national or resident of any such country or on
any such list.
9. Thunder & Lightning Company OR ITS SUPPLIERS SHALL NOT BE LIABLE FOR (a)
INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES OF
ANY SORT, WHETHER ARISING IN TORT, CONTRACT OR OTHERWISE,
EVEN IF Thunder & Lightning Company HAS BEEN INFORMED OF THE POSSIBILITY OF
SUCH DAMAGES, OR (b) 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.
10. HIGH RISK ACTIVITIES. THE Software is not
fault-tolerant and is not designed, manufactured or
intended for use or resale as on-line control equipment
in hazardous environments requiring fail-safe
performance, such as in the operation of nuclear
facilities, aircraft navigation or communication systems,
air traffic control, direct life support machines, or
weapons systems, in which the failure of the Software
could lead directly to death, personal injury, or severe
physical or environmental damage ("High Risk
Activities"). Thunder & Lightning Company and its suppliers specifically
disclaim any express or implied warranty of fitness for
