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-
- Softscape, Inc.
- SOFTWARE LICENSE TERMS
- End User Agreement
-
- BEFORE YOU CLICK ON THE "YES" BUTTON AT THE END OF THIS DOCUMENT,
- CAREFULLY READ ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
- BY CLICKING ON THE "YES" 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 "NO"
- BUTTON AND DO NOT USE THIS SOFTWARE.
-
- This Softscape, Inc. End User Agreement (the "Agreement") is a legal
- agreement between you and Softscape, Inc., a Massachusetts corporation
- ("Softscape") for the Softscape DiffXChange Product. In this Agreement,
- the term "Software" means Softscape DiffXChange, including computer
- software and associated media and printed materials, and may include
- "online" or electronic documentation. The term "You" or "you" means the
- company, entity or individual who is evaluating the Software. The term
- "Use" means storing, loading, installing, executing or displaying the
- Software.
-
- Thirty-day Money-back Guarantee. Softscape will refund your
- original purchase price if you are dissatisfied for any reason with the
- Software, provided that you purchased the Software directly from an
- authorized dealer or from Softscape, and you destroy all copies of the
- Software and provide the dealer from whom it was acquired (or Softscape,
- if acquired directly) with certification of such destruction and proof of
- purchase, within thirty days of purchase.
-
- License Grant - Softscape grants you and you accept the non-
- exclusive, non-transferable right to Use one copy of the Software in object
- code form. You may Use the Software on any single computer (provided
- that if you are the primary user of that computer, you may also make a
- second copy of the Software for your exclusive use on either a home or
- portable computer). You may not modify the Software or disable any
- licensing or control features of the Software except as an intended part of
- the Software's programming features.
-
- To the extent that the Software enables you to access (on-line or
- otherwise) materials not supplied by Softscape ("Content"), you should be
- aware that such Content is the property of the applicable Content owner
- and may be protected by applicable copyright law. This License grants
- you no rights to Content.
-
- Ownership - You acknowledge and agree that the Software is owned
- and copyrighted by Softscape or its third party suppliers. Your license
- confers no title or ownership in the Software and is not a sale of any rights
- in the Software. All ownership rights remain in Softscape or its third party
- suppliers, as the case may be.
-
- Copies - You may only make one copy of the object code of the
- Software solely for backup or archival purposes or when copying is an
- essential step in the authorized Use of the Software. You must reproduce
- all copyright and other proprietary or restricted rights notices in the
- original Software on all authorized copies. You may not copy any of the
- enclosed books or printed materials which are part of the Software.
-
- Additional Restrictions - 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
- (including copying onto a bulletin board or similar system) the Software
- other than as specified above; rent, lease, grant a security interest in, or
- otherwise transfer rights to the Software except as set forth in "Transfer"
- below; or remove any proprietary notices or labels on the Software.
-
- Transfer - You may transfer your license to the Software only upon
- the terms of this section. You must deliver the original and all complete,
- partial or electronically stored copies of the Software and related
- documentation to the transferee. You may not retain any copies of the
- Software or related documentation, and any copies you have made which
- you have not transferred to the transferee you must destroy. The transferee
- must complete and return to Softscape a Product Registration Card
- available from Softscape. The transferee must accept these Terms as a
- condition of the transfer. Your license will automatically terminate upon
- any transfer of the Software. You have no right to sublicense, loan, rent or
- lease the Software.
-
- Dual-Media Software - You may receive the Software in more than
- one medium, for example CD-ROM or magnetic disks. You may use only
- one medium that is appropriate for your single hardware product. You may
- not use or install the other medium on another hardware product. You
- may not loan, rent, lease, or otherwise transfer the other medium to
- another user, except as part of the permanent transfer (as provided above
- in "Transfer") of the Software.
-
- Upgrades - If the Software is an upgrade of a Softscape product, you
- now may use that upgraded product only in accordance with this License
- Agreement. If the Software is an upgrade of a component of a package of
- software programs that you licensed as a single product, the Software may
- be used and transferred only as part of that single product package and
- may not be separated for use on more than one computer. You may not
- loan, rent, lease, or otherwise transfer the original non-upgraded product to
- another user, except as part of the permanent transfer (as provided above
- in "Transfer") of the Software.
-
- Term - This license is effective until terminated. Softscape may
- terminate this Agreement immediately if you breach any of the provisions
- of this Agreement. You may terminate this license at any time. Upon any
- such termination or expiration, you must discontinue all use of the
- Software, and immediately destroy the Software together with all copies.
- The provisions below under "LIMITATIONS ON LIABILITY" of this
- Agreement shall survive the termination or expiration of this Agreement.
-
- TO THE MAXIMUM EXTENT PERMITTED BY LAW,
- SOFTSCAPE DISCLAIMS ALL WARRANTIES, EXPRESS OR
- IMPLIED. IN PARTICULAR, THE SOFTWARE IS PROVIDED
- "AS IS", 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 Softscape assume the entire cost of any service and
- repair. This disclaimer of warranty constitutes an essential part of this
- 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.
-
- LIMITATIONS ON LIABILITY. TO THE MAXIMUM
- EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES
- AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR
- OTHERWISE, SHALL SOFTSCAPE BE LIABLE TO YOU OR
- ANY OTHER PERSON FOR ANY MONEY DAMAGES,
- WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
- COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN
- IF SOFTSCAPE SHALL HAVE BEEN INFORMED OF THE
- POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY
- ANY OTHER PARTY. IN THE EVENT THAT
- NOTWITHSTANDING THE FOREGOING, SOFTSCAPE IS
- FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE
- WHATSOEVER, AND REGARDLESS OF THE FORM OF THE
- ACTION (WHETHER IN CONTRACT, TORT (INCLUDING
- NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE),
- SOFTSCAPE'S LIABILITY TO YOU WILL BE LIMITED TO THE
- GREATER OF $25 OR THE AMOUNT YOU PAID FOR THE
- SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE
- EXCLUSION OR LIMITATION OF INCIDENTAL OR
- CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND
- EXCLUSION MAY NOT APPLY TO YOU.
-
- Export Law Assurances - You acknowledge and agree that the
- Software is subject to restrictions and controls imposed by the United
- Stated Export Administration Act (the "Act") and the regulations
- thereunder. You agree and certify that neither the Software nor any direct
- product thereof nor any underlying information or technology is being or
- will be acquired, shipped, transferred or re-exported directly or indirectly
- into any country prohibited by the Act and the regulations thereunder or
- will be used for any purpose prohibited by the same.
-
- US Government Restricted Rights - The Software and
- documentation have been developed entirely at private expense and are
- provided as "Commercial Computer Software" or "Restricted Computer
- Software". Use, duplication or disclosure by the U.S. Government
- subcontractor is subject to the restrictions set forth in subparagraph (c) (1)
- (ii) of The Rights in Technical Data and Computer Software Clause at
- DFARS 252.227-7013 or in subparagraph (c)(1) and (2) of the
- Commercial Computer Software - Restricted Rights clauses at 48-C.F.R.
- 52.227-19 or as specified in 48 C.F.R. 227-7202-2 of the DoD F.A.R.
- Supplement and its successors, or as specified in 48 C.F.R. 12.212 of the
- Federal Acquisition Regulations and its successors, as applicable. The
- manufacturer is Softscape, Inc., 4 Minot Avenue, Acton, MA 01720, 508-
- 266-1921.
-
- Controlling Law and Severability - This Agreement constitutes the
- entire agreement between you and Softscape with reference to this
- transaction. This Agreement shall be governed by the laws of the
- Commonwealth of Massachusetts, United States of America. The
- application to this Agreement of the United Nations Convention on
- Contracts for the International Sale of Goods is hereby expressly excluded.
- In the event of any dispute involving this Agreement, Softscape and you
- each consent to exclusive jurisdiction and venue in either the state or
- federal courts in the Commonwealth of Massachusetts and agrees that the
- prevailing party shall be entitled to its reasonable attorney fees and costs.
- In the event any provision of this Agreement shall be deemed
- unenforceable, void or invalid, such provision shall be modified so as to
- make it valid and enforceable, and as so modified the entire Agreement
- shall remain in full force and effect. No decision, action or inaction by
- Softscape shall be construed to be a waiver of any rights or remedies
- available to it.
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