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- BY CLICKING ON THE "YES" BUTTON OR OPENING THE
- PACKAGE, YOU ARE CONSENTING TO BE BOUND BY THIS
- AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF
- THIS AGREEMENT, CLICK THE "DO NOT ACCEPT" BUTTON AND
- THE INSTALLATION PROCESS WILL NOT CONTINUE OR RETURN THE
- PRODUCT TO THE PLACE OF PURCHASE FOR A FULL REFUND.
-
- Major Submit END USER LICENSE AGREEMENT
-
- This software is SHAREWARE, which means you can try it
- before you buy it. Please distribute this program
- far and wide but do not alter any files or add any
- files to the archive.
-
- A copy of the latest version of this software can always
- be found at http://www.redlazer.com/majorsubmit/
-
- DISCLAIMER OF WARRANTY.
-
- This 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 Reynold M. de Guzman assume the
- entire cost of any service and repair. All tax collection,
- reporting and compliance responsibilities, now and in the
- future are your responsibility entirely and not that of
- Reynold M. de Guzman In addition, the security mechanisms
- implemented by Reynold M. de Guzman 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 I -- TERMS APPLICABLE WHEN LICENSE FEES PAID
-
- GRANT. Subject to payment of applicable license fees,
- Reynold M. de Guzman 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.
-
- This program is sold with the "Try it before you buy it"
- policy. We want your complete satisfaction BEFORE you
- pay any money.
-
- Reynold M. de Guzman warrants the Software, for a period
- of 30 days after acquisition if operated as directed,
- will substantially achieve the functionality described
- in the online Documentation. Reynold M. de Guzman
- 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.
-
- THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY
- MADE BY Reynold M. de Guzman. Reynold M. de Guzman
- 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 Reynold M. de Guzman 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 II -- TERMS APPLICABLE TO ALL LICENSE GRANTS
-
- SCOPE OF GRANT.
-
- You may:
- * use the Software on any single computer;
- * 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; or
-
- You may not:
- * permit other individuals to use the Software;
- * 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 Reynold M. de Guzman
- 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.
-
- In addition, if the licensed Software is identified as a
- not-for-export product, then the following
- applies: EXCEPT FOR EXPORT TO CANADA FOR USE IN CANADA
- BY CANADIAN CITIZENS, THE SOFTWARE AND ANY UNDERLYING
- TECHNOLOGY MAY NOT BE EXPORTED OUTSIDE THE UNITED STATES
- OR TO ANY FOREIGN ENTITY OR "FOREIGN PERSON" AS
- DEFINED BY U.S. GOVERNMENT REGULATIONS, INCLUDING
- WITHOUT LIMITATION, ANYONE WHO IS NOT A CITIZEN,
- NATIONAL OR LAWFUL PERMANENT RESIDENT OF THE UNITED
- STATES. BY DOWNLOADING OR USING THE SOFTWARE, YOU ARE
- AGREEING TO THE FOREGOING AND YOU ARE WARRANTING THAT
- YOU ARE NOT A "FOREIGN PERSON" OR UNDER THE CONTROL OF
- A FOREIGN PERSON.
-
- LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND
- UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE,
- SHALL Reynold M. de Guzman 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 Reynold M. de Guzman BE
- LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT
- Reynold M. de Guzman RECEIVED FROM YOU FOR A LICENSE
- TO THE SOFTWARE, EVEN IF Reynold M. de Guzman
- 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.
-
- 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"). Reynold M. de Guzman
- and its suppliers specifically disclaim any express or
- implied warranty of fitness for High Risk Activities.
-
- MISCELLANEOUS.
-
- This Agreement represents the complete agreement
- concerning this license and may be 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
- Missouri 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
- Reynold M. de Guzman's standard commercial license, as
- applicable, and in similar clauses in the NASA FAR
- Supplement. Contractor/manufacturer is
- Reynold M. de Guzman,
- 11200 Westheimer, Suite 505, Houston, TX 77042.
-