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110 lines
5.1 KiB
110 lines
5.1 KiB
13 years ago
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End User License Agreement for QuickPage Software
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GRANT.
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Subject to the provisions contained herein, Qpage Solutions ("Author")
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hereby grants you a non-exclusive license to use its accompanying
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proprietary software product and associated documentation ("Software")
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free of charge pursuant to the terms and conditions of this Agreement.
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You are not entitled to support or telephone assistance in connection
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with your use of the Software.
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SOFTWARE AND DOCUMENTATION.
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The Author shall furnish the Software to you electronically in source
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code form. This license does not grant you any right to any enhancement
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or update to the Software and Documentation.
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USE RESTRICTIONS.
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You may use, copy, and modify the Software in source code or object
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code form, subject to the following conditions:
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o If the Software is modified, any Software containing
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modifications must prominently state in the modified product
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or documentation (i) that it has been modified, (ii) the
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identity of the person or entity that made the modifications,
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and (iii) the date the modifications were made.
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o Each copy of the Software made by you shall be subject to the
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terms of this Agreement and shall contain all of the Author's
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notices regarding copyrights, trademarks and other proprietary
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rights as contained in the Software originally provided to you.
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o The Software may not be transferred to any third party unless
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such third party receives a copy of this Agreement and agrees
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to be bound by all of its terms and conditions.
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o The Software or any modifications or derivations thereof may
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not be transferred to any third party under any other license
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agreement without prior written permission from the Author.
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TITLE.
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Title, ownership rights, and intellectual property rights in and to
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the Software shall remain with the Author. The Software is protected
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by the copyright laws of the United States and international copyright
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treaties.
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CONTENT.
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Title, ownership rights, and intellectual property rights in and to
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the content accessed through the Software is the property of the
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applicable content owner and may be protected by applicable copyright
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or other law. This License gives you no rights to such content.
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DISCLAIMER OF WARRANTY.
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Since the Software is provided free of charge, the Software is
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provided on an "AS IS" basis, without warranty of any kind, including
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without limitation the warranties of merchantability, fitness for a
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particular purpose and non-infringement. The entire risk as to the
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quality and performance of the Software is borne by you. Should the
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Software prove defective, you, and not the Author assume the entire
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cost of any service and repair. This disclaimer of warranty constitutes
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an essential part of the agreement.
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LIMITATION OF LIABILITY.
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UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR
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OTHERWISE, SHALL QPAGE SOLUTIONS OR ITS SUPPLIERS RESELLERS, OR
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LICENSEES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT,
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INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
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CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
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STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
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COMMERCIAL DAMAGES OR LOSSES, EVEN IF QPAGE SOLUTIONS SHALL HAVE BEEN
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INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY
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OTHER PARTY.
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EXPORT CONTROLS.
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You may not download or otherwise export or reexport the Software or
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any underlying information or technology except in full compliance
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with all United States and other applicable laws and regulations. By
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downloading or using the Software, you are agreeing to the foregoing.
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TERMINATION.
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This Agreement shall automatically terminate upon failure by you to
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comply with its terms, in which case you shall immediately discontinue
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the use of the Software and shall within ten (10) days return to the
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Author or destroy all copies of the Software. You may also terminate
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this Agreement at any time by destroying the Software and all copies
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thereof.
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MISCELLANEOUS.
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This Agreement represents the complete and exclusive statement of the
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agreements concerning this license between the parties. It may be
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amended only by a writing executed by both parties. If any provision
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of this Agreement is held to be unenforceable for any reason, such
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provision shall be reformed only to the extent necessary to make it
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enforceable, and such decision shall not affect the enforceability (i)
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of such provision under other circumstances or (ii) of the remaining
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provisions hereof under all circumstances. Headings shall not be
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considered in interpreting this Agreement. This Agreement shall be
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governed by and construed under the laws of the State of California,
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except as governed by Federal law. This Agreement will not be governed
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by the United Nations Convention of Contracts for the International
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Sale of Goods, the application of which is hereby expressly excluded.
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