BY INSTALLING THIS SOFTWARE YOU INDICATE YOUR ACCEPTANCE OF THIS LICENSE AGREEMENT.
SUMMUS, LTD. SOFTWARE LICENSE AGREEMENT WITH END USER
THIS LEGAL DOCUMENT IS AN AGREEMENT BETWEEN YOU, THE END USER, AND SUMMUS, Ltd., ("SUMMUS"). BY INSTALLING THIS SOFTWARE YOU ARE AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT, WHICH INCLUDE THE SOFTWARE LICENSE AND CERTAIN DISCLAIMERS OF WARRANTY (the "Agreement"). THIS AGREEMENT CONSTITUTES THE COMPLETE AGREEMENT BETWEEN YOU AND SUMMUS.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL THIS SOFTWARE.
Summus, Ltd.'s WI Netscape Plugin for Macintosh Copyright (c) 1996 by Summus, Ltd.
License Grant.
Permission to use, copy, distribute Summus' WI Netscape Plugin for Macintosh in its entirety, for non-commercial purposes, is hereby granted without fee, provided that this license information and copyright notice appear in all copies.
Note that distributing Summus' WI Netscape Plugin for Macintosh "bundled" in with ANY product is considered to be a "commercial purpose".
If you redistribute Summus' WI Netscape Plugin for Macintosh, the entire contents of this distribution must be distributed in the form of the download file only.
No Other Rights Granted. Apart from the License rights enumerated in this Agreement, this License does not include a grant to Licensee of any right to engage in any other activity such as, but not limited to, sublicensing distribution of the Licensed Software in any form, modification of the Licensed Software, or use of the Licensed Software on a network, or data or data compression services, nor any ownership right, title or interest, nor any security interest or other interest, in any intellectual property rights relating to the Licensed Software nor in any copy of any part of the Licensed Software.
TERM
The License is effective until terminated. Licensee may terminate it at any time by destroying the Licensed Software together with all copies in any form. It will also terminate upon conditions set forth elsewhere in this Agreement or if Licensee fails to comply with any term or condition of this Agreement. Upon such termination, Licensee agrees to destroy the Licensed Software together with all copies in any form.
LIMITED WARRANTY AND REMEDIES
THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS (INCLUDING INSTRUCTIONS FOR USE) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. FURTHER, SUMMUS DOES NOT WARRANT, GUARANTEE, OR MAKE ANY TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. IF THE SOFTWARE OR WRITTEN MATERIAL ARE DEFECTIVE, YOU, AND NOT SUMMUS OR ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES
IN NO EVENT SHALL SUMMUS OR ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SUMMUS PRODUCT, EVEN IF SUMMUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSIVE OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
NO OTHER WARRANTIES
THE ABOVE ARE THE ONLY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, THAT ARE MADE BY SUMMUS ON THIS SUMMUS PRODUCT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SUMMUS, ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
RESERVATION OF INTELLECTUAL PROPERTY RIGHTS
Except as expressly set forth in this Agreement, SUMMUS grants no right, title or interest in any of its intellectual property rights to Licensee. Licensee shall not disassemble, reverse-engineer, or decompile SUMMUS' WI Netscape Plugin for Macintosh.
Restricted Rights
If this product is acquired by or for the U.S. Government then it is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19 or clause 18-52.227-86(d) of the NASA Supplement to the FAR as applicable.
General
This Agreement is governed by the Laws of the State of South Carolina. If any provision of this License is declared by a Court of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be severed from the License and the other provisions shall remain in full force and effect. If Licensee has any questions about this Agreement, including warranty service, contact, SUMMUS at, 950 Lake Murray Blvd. Irmo, S.C. 29063.
LICENSEE ACKNOWLEDGES THAT LICENSEE HAS READ THIS AGREEMENT, LICENSEE UNDERSTANDS IT, AND LICENSEE AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. LICENSEE FURTHER AGREES THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN LICENSEE AND SUMMUS SUPERSEDING ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
