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- --------------------------------------------
- AllWebMenus
- Version 2.0
- Build: #460
- Dated: 04/16/2002
- Author: Likno Software
- WWW: http://www.likno.com
- email: support@likno.com
- --------------------------------------------
- END-USER LICENSE AGREEMENT FOR THIS SOFTWARE
- IMPORTANT - READ CAREFULLY:
- --------------------------------------------
-
- THIS IS A LEGAL AGREEMENT BETWEEN YOU AND
- LIKNO SOFTWARE, INCLUDING ITS AUTHORIZED
- AGENTS AND DISTRIBUTORS ("Likno Software"). PLEASE READ
- THIS AGREEMENT CAREFULLY BEFORE CONTINUING
- WITH THE INSTALLATION, IN WHATEVER MEDIA
- FORMAT, OF THE ALLWEBMENUS SOFTWARE, INCLUDING
- ASSOCIATED WRITTEN DOCUMENTATION (THE "SOFTWARE").
-
- IF YOU CHOOSE TO ACCEPT ALL THE TERMS OF THIS
- LICENSE AGREEMENT BY CLICKING "Yes" AT THE RELATED
- QUESTION AT THE START OF THE INSTALLATION,
- YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
- IF YOU DO NOT AGREE WITH THE TERMS OF THIS
- AGREEMENT, CLICK "No" TO TERMINATE THE INSTALLATION
- OF THE SOFTWARE.
-
- 1. GRANT OF LICENSE:
-
- a. This is a license, not a sale of the Software;
- b. Upon payment by you and receipt by Likno Software of the license
- fee prescribed by Likno Software from time to time (the "License
- Fee"), Likno Software grants to you a non-exclusive license to
- use one copy of the Software in accordance with the
- terms and conditions set forth in this Agreement
- ("Single User Licensees');
- c. Single-User Licensees shall only use the Software on a
- single computer subject, however, to the limited
- exception that you may use the Software on a second
- (portable or home) computer provided it is used only
- by you and provided only one copy of the Software is
- used at one time;
- d. The produced menus and their respective libraries
- (Software Output) shall only be used on Internet or Intranet
- web sites. A special license is required for use of the
- Software Output on distributed software.
-
- 2. COPYRIGHT, TRADEMARKS AND TRADE SECRETS:
-
- a. Likno Software owns intellectual property rights in the Software
- and AllWebMenus;
- b. Further, the Software's structure, sequence, organization
- and code are the valuable trade secrets of Likno Software;
- c. The Software is protected against unauthorized use
- by United States and Canadian copyright laws and
- international treaty provisions;
- d. This Agreement does not grant you any intellectual property
- rights in the Software. Unpublished rights are reserved.
-
- 3. PASSWORD and CONFIDENTIALITY:
-
- a. Upon payment of the License Fee,
- you will be provided, through Likno Software's authorized agent,
- with a confidential password to access the Likno User Area Account
- (the "Password") and get the Activation Code that unlocks
- your installation (the "Activation Code").
- b. You shall, at all times and without exception, maintain the
- confidentiality of the Password and the Activation Code.
- Specifically, you shall not disclose the information associated
- with the Password to any other person, corporation or any other
- entity.
- c. These provisions also hold for any new Activation Code
- issued to you for the purpose of unlocking a re-installation of
- the existing single-user license.
-
- 4. PROHIBITED USES:
-
- a. You may not reverse-engineer, decompile, disassemble,
- modify, translate, or create derivative works;
- b. You may not display the Software code in human-readable
- form;
- c. You may not use the Software Output on distributed software.
- A special license is required for such use.
- d. Without limiting the foregoing, you may not do anything
- with the Software, Password or Activation Code that is not
- expressly permitted by this Agreement.
-
- 5. TRANSFER:
-
- a. Transfer of Password and Installed Software:
- --------------------------------------------------
- Subject to the terms of this Agreement, you may not copy,
- transmit, assign, rent, lease, sublicense, distribute, lend
- or otherwise transfer the Password, Activation Code or installed
- Software, and you may not sell or license to others the right
- to use the Password, Activation Code or installed Software,
- in whole or in part.
-
- b. Transfer of Software Distribution Program:
- ---------------------------------------------
- Subject to the terms of this Agreement, you may copy,
- transmit, and distribute the Software distribution program
- (AllWebMenus.EXE or AllWebMenusxx.EXE) to others for the
- sole purpose of evaluation provided no modifications or
- additions are made to the Software distribution program,
- or any associated files, and provided it is not bundled
- in a distribution with any other software.
-
- 6. ENHANCEMENTS:
-
- a. Upon payment of the License Fee, you are entitled to use
- this version of the Software and receive minor releases
- related to this version of the Software, at no extra
- charge. Minor Releases are defined as releases where the
- number to the left of the decimal point remains the same as
- the Software for which a License has been granted, and the
- number to the right of the decimal point for the said
- Software is different. It is within Likno Software's sole discretion
- to market, distribute or license releases as either Minor
- Releases or Major Releases.
- b. Likno Software is not responsible for any problems that may arise
- due to the use of the software in browsers and versions that are not
- available as of February 2002.
-
- 7. CUSTOMER SUPPORT:
-
- a. Subject to Likno Software's availability and resources, customer
- support for the Software may be provided by Likno Software through
- its email address at support@likno.com.
-
- 8. ARCHIVAL BACKUP OF SOFTWARE:
-
- a. Likno Software authorizes you to make one copy of the Software for
- backup or archival purposes.
-
- 9. TERM:
-
- a. This Agreement is effective from the time you click "Yes"
- in the "Accept all the terms of the preceding License
- Agreement?" box until this Agreement is terminated;
- b. If at any time after clicking "Yes", you do not wish
- to be bound by this Agreement, you shall terminate this
- Agreement by notifying Likno Software in writing, at one of the
- addresses below, of such termination;
- c. Further, this Agreement will terminate immediately and
- without further notice if you fail to comply with any
- provision of this Agreement;
- d. Upon termination of this Agreement, for any reason, you
- agree to destroy all copies of the Software by
- uninstalling, deleting or taking any steps necessary to
- render the Software unusable.
-
- 10. SURVIVAL UPON TERMINATION:
-
- a. All obligations of confidentiality, rights associated with
- intellectual property and restrictions on use and all other
- provisions that may reasonably be interpreted to survive
- termination of this Agreement, will survive termination of
- this Agreement for any reason.
-
- 11. WARRANTY DISCLAIMERS:
-
- a. The Software is licensed to you on an "AS IS" basis;
- b. TO THE EXTENT PERMITTED BY LAW, LIKNO SOFTWARE
- EXPRESSLY DISCLAIMS ALL WARRANTIES AND
- CONDITIONS, OF ANY KIND, EXPRESS, STATUTORY
- OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
- THE IMPLIED WARRANTIES OF MERCHANTABILITY
- AND FITNESS FOR A PARTICULAR PURPOSE;
- c. The entire risk as to the quality and performance of the
- Software is with you. Should the Software or the
- Documentation prove defective, you (and not Likno Software)
- assume the entire cost of all necessary servicing or repair.
- d. LIKNO SOFTWARE DOES NOT WARRANT THAT THE FUNCTIONS
- CONTAINED IN THE SOFTWARE WILL MEET YOUR
- REQUIREMENTS OR OPERATE IN THE COMBINATION
- THAT YOU MAY SELECT FOR USE, THAT THE
- OPERATION OF THE SOFTWARE WILL BE
- UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS
- IN THE SOFTWARE WILL BE CORRECTED. NO ORAL
- OR WRITTEN STATEMENT BY LIKNO SOFTWARE OR ITS
- AUTHORIZED AGENTS OR DISTRIBUTORS SHALL
- CREATE A WARRANTY OR INCREASE THE SCOPE
- OF THIS WARRANTY;
- e. LIKNO SOFTWARE FURTHER DOES NOT PROVIDE ANY
- WARRANTY WITH RESPECT TO THE DETECTION
- OR ELIMINATION OF COMPUTER VIRUSES IN
- ANY FORM;
- f. LIKNO SOFTWARE DOES NOT WARRANT THE SOFTWARE AGAINST
- INFRINGEMENT OR THE LIKE WITH RESPECT TO ANY
- COPYRIGHT, PATENT, TRADE SECRET, TRADEMARK
- OR OTHER PROPRIETARY RIGHT OF ANY THIRD
- PARTY AND DOES NOT WARRANT THAT THE
- SOFTWARE DOES NOT INCLUDE ANY VIRUS,
- SOFTWARE ROUTINE OR OTHER SOFTWARE
- DESIGNATED TO PERMIT UNAUTHORIZED ACCESS,
- TO DISABLE, ERASE OR OTHERWISE HARM
- SOFTWARE, HARDWARE OR DATA, OR TO PERFORM
- ANY OTHER SUCH ACTIONS;
- g. Some states or jurisdictions do not allow the exclusion of
- implied warranties, conditions or limitations, so the above
- may not apply to you and your rights may vary from
- jurisdiction to jurisdiction. Any warranties that by law
- survive the foregoing disclaimers shall terminate sixty
- (60) days from the date you installed the Software.
-
- 12. LIMITATION OF LIABILITY:
-
- a. YOUR SOLE REMEDIES AND LIKNO SOFTWARE's ENTIRE LIABILITY
- FOR THE SOFTWARE ARE SET FORTH IN THIS
- AGREEMENT. IN NO EVENT WILL LIKNO SOFTWARE BE LIABLE
- FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL
- OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS
- OR LOST SAVINGS, RESULTING FROM THE USE OF THE
- SOFTWARE, THE INABILITY TO USE THE SOFTWARE,
- OR ANY DEFECT IN THE SOFTWARE, EVEN IF LIKNO SOFTWARE
- HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
- DAMAGE, OR FOR ANY CLAIM BY ANY THIRD PARTY;
- b. You agree that Likno Software shall not be liable for defense costs
- or indemnity with respect to any claim against you by any
- third party arising from your possession or use of the
- Software;
- c. In no event shall Likno Software's maximum aggregate liability to
- you for all damages, losses, and causes of action (whether
- in contract, tort, including negligence, or otherwise)
- exceed the License Fee you paid for the Software;
- d. The limitations imposed by this section shall apply whether
- or not the alleged breach or default is a breach of a
- fundamental condition or term;
- e. Some jurisdictions do not allow the exclusion or limitation
- of incidental or consequential damages, so the above
- limitations or exclusions may not apply to you.
-
- 13. NOT INTENDED FOR HIGH-RISK ACTIVITIES:
-
- a. The Software is not designed, manufactured or intended for
- use as online equipment control equipment in hazardous
- environments requiring fail-safe performance, such as, but
- not limited to, 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. LIKNO SOFTWARE SPECIFICALLY DISCLAIMS ANY
- EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR
- ANY HIGH RISK USES LISTED ABOVE.
-
- 14. GOVERNING LAW AND INTERPRETATION:
-
- a. The rights and obligation of the parties under this
- agreement shall not be governed by the United Nations
- Convention on Contracts for the International Sale of
- Goods;
- b. If any provision of this Agreement is held to be illegal,
- void or unenforceable by a court or tribunal of competent
- jurisdiction, the remaining provisions of this Agreement
- shall remain in force and effect and the invalid provision
- deemed modified to the least degree necessary to remedy
- such invalidity.
-
- 15. NOTICE TO U.S. GOVERNMENT END USERS:
-
- a. The Software may be "Commercial Items" as that term is
- defined at 48 C.F.R. 2.101, consisting of "Commercial
- Computer Software" and "Commercial Computer Software
- Documentation", as such terms are used in 48 C.F.R. 12.212
- or 48 C.F.R. 227.7202, as applicable. Consistent with 48
- C.F.R. 12.2112 or 48 C.F.R. 227.7202-1 through 227.7202-4,
- as applicable, the Commercial Computer Software and
- Commercial Computer Software Documentation are being
- licensed in this Agreement to United States Government
- licensees (A) only as Commercial Items and (B) with only
- those rights as are granted to all other licensees pursuant
- to the terms and conditions herein.
-
- 16. ENTIRE AGREEMENT:
-
- a. This Agreement is the entire agreement between you and
- Likno Software and supersedes all prior agreements, oral or written
- with respect to this license.
-
- Questions concerning this Agreement may be directed to Likno Software
- at: sales@likno.com
-
- Email address for termination of this Agreement:
- terminate@likno.com
-
- Copyright 1999-2002 by Likno Software. All rights reserved.