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