| Here
is the NetSuperSonic License
Agreement as it appears upon installation of the software:
NETSUPERSONIC
SOFTWARE LICENSE AGREEMENT:
This Software License Agreement ("License
Agreement") is a legal agreement
between you (either an individual or an entity) and NetSuperSonic
(hereafter
referred to as NSS)
for the software product, which included computer
software and any other additional media, whether provided in physical
form
or received online in electronic form.
BY CONTINUING THE INSTALLATION OF THIS PROGRAM,
BY LOADING OR RUNNING THE
SOFTWARE, OR BY PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER
HARD
DRIVE, COMPUTER RAM OR ANY OTHER STORAGE MEDIUM, YOU ARE AGREEING
TO BE
BOUND BY THE TERMS OF THIS LICENSE AGREEMENT.
-----------------------------------------------------------------
1. GRANT OF LICENSE. Subject to the terms and
provisions of this License
Agreement, NSS hereby grants
to you the non-exclusive, non-transferable,
limited right to use this Software only in executable or object
code form.
The term "Software" includes all elements of the Software
such as data files
and screen displays. You are not receiving any ownership or proprietary
right, title or interest in or to the Software or the copyright,
trademarks,
or other rights related thereto. The additional terms and conditions
apply:
(a) Installation/Use. This License permits you
to install one (1) copy of
the on a single computer containing one (1) or more central processing
units
("CPU's").
(b) Restrictions on Transfer. Except as otherwise
expressly allowed under
this License Agreement, you shall not rent, lease, sell, sublicense,
assign,
pledge, encumber or otherwise transfer the Software. Any party authorized
by NSS to use or receive the
Software must agree to be bound by, and
Recipient agrees to inform all users of the Software of, the terms
and
conditions of this License Agreement. NSS
reserves the right to withhold
such authorization for any reason. You agree that the Software will
not be
shipped, transferred or exported into any country in violation of
the U.S.
Export Administration Act (or any other law governing such matters)
by you
or anyone at your direction and that you will not utilize and will
not
authorize anyone to utilize, in any other manner, the Software in
violation
of any applicable law. The Software may not be downloaded or otherwise
exported or reexported into (or to a national or resident of) any
country to
which the U.N. has embargoed goods or to anyone or into any country
who/which are prohibited, by applicable law, from receiving such
property.
2. OTHER RIGHTS AND LIMITATIONS. If you receive the Software in
more than
one (1) medium (e.g., by electronic distribution and on floppy disk),
regardless of the type or size of medium you receive, you may use
only one
(1) medium that is appropriate for your single computer. You may
not use or
install the other medium on another computer. You may not loan,
rent, sell,
lease, grant a security interest in, or otherwise transfer the other
medium
to another user.
(a) Distribution. You may not distribute the software
(except as permitted
by section 3. hereinbelow) by any means, including, but not limited
to
direct mail, retail, mail order or other means.
(b) No Copying. You may not copy or reproduce
the Software or any
accompanying documentation (except as permitted by section 3. hereinbelow)
by any means.
(c) No Modifications or Reverse Engineering. You
may not remove any
proprietary notices or labels from the Software, and you may not
modify,
alter, translate, reverse engineer, decompile or disassemble (except
to the
extent that this restriction is expressly prohibited by applicable
law), or
create derivative works based on the Software.
(d) Rental/Transfer. You may not rent, lease,
sell or transfer the Software
or documentation without NSS's
express written consent, which NSS
may
withhold in its discretion. Reservation of Rights. All rights not
expressly
granted to you are reserved to NSS.
(e) Legal Notices. You may not remove or alter
any legal notices, such as
trademark or copyright notices, affixed on or within the software
or any
accompanying documentation.
3. PERMITTED ELECTRONIC DISTRIBUTION AND COPYING. You may make only
the
following copies of the Software: (i) you may download the Software
from the
Internet and onto your computer hard drive; (ii) you may copy the
Software
from your computer hard drive into your computer RAM; and (iii)
you may make
one (1) "back up" or archival copy of the Software on
one (1) hard disk.
Your archival copy may only be used on the SINGLE computer that
the original
software was installed on, in the event of the loss of the original
file.
4. DISCLAIMER OF WARRANTY. THE SOFTWARE IS PROVIDED AS IS WITHOUT
WARRANTY
OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
NSS FURTHER
DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND
NONINFRINGEMENT. YOU ASSUME THE ENTIRE RISK ARISING OUT OF THE USE
OR
PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION. SHOULD THE SOFTWARE
PROVE
DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY REPAIR OR
CORRECTION.
NSS SHALL NOT BE RESPONSIBLE
FOR ANY DEFECT THAT RESULTS FROM YOUR ABUSE,
MISUSE OR OTHER CONDUCT OR CONDITIONS OUTSIDE THE CONTROL OF NSS.
NSS MAKES
NO REPRESENTATION OR WARRANTY THAT THE INFORMATION OR FUNCTIONS
CONTAINED IN
THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF
THE
SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY SOFTWARE
DEFECTS ARE
CORRECTABLE OR WILL BE CORRECTED.
5. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO
LEGAL
THEORY, WHETHER IN TORT, CONTRACT OR OTHERWISE, SHALL NSS
OR ITS SUPPLIERS
OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT,
SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING OUT
OF THE USE
OF OR INABILITY TO USE THE SOFTWARE, THE DOCUMENTATION OR ANY OTHER
ACCOMPANYING MATERIALS, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF
GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY
AND ALL
OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF THE USE OF OR
INABILITY
TO USE THE SOFTWARE, EVEN IF NSS
HAS BEEN INFORMED OF THE POSSIBILITY OF
SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. FURTHER, IN NO
EVENT
SHALL NSS'S LIABILITY UNDER ANY
PROVISION OF THIS LICENSE AGREEMENT EXCEED
THE LICENSE FEE PAID TO NSS FOR
THE SOFTWARE. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY
NOT APPLY
TO YOU.
6. INDEMNIFICATION. You agree to hold harmless, indemnify and defend
NSS,
its officers, directors and employees, from and against any losses,
damages,
fines and expenses (including attorneys' fees and costs) arising
out of or
relating to any claims of improper use.
7. TERMINATION. This License Agreement will automatically terminate
if you
fail to comply with any term hereof. No notice shall be required
from NSS
to effect such termination. Upon termination, you agree to destroy
all
copies of the Software and its documentation.
8. MISCELLANEOUS. Neither this License Agreement nor any part or
portion
hereof shall be assigned or sublicensed by you. NSS
may assign its rights
under this License Agreement in NSS's
sole discretion. Should any provision
of this License Agreement be held to be void, invalid, unenforceable
or
illegal by a court, the validity and enforceability of the other
provisions
shall not be affected thereby. If any provision is determined to
be
unenforceable, you agree to a modification of such provision to
provide for
enforcement of the provision's intent, to the extent permitted by
applicable
law. Failure of NSS to enforce
any provision of this License Agreement
shall not constitute or be construed as a waiver of such provision
or of the
right to enforce such provision. If you fail to comply with any
term of
this License Agreement, YOUR LICENSE IS AUTOMATICALLY TERMINATED,
WITHOUT
NOTICE AND NSS MAY PURSUE ALL
RELIEF AND REMEDIES AGAINST YOU WHICH ARE
AVAILABLE UNDER APPLICABLE LAW AND/OR THIS LICENSE AGREEMENT. You
agree
that in the event of litigation relating to this License Agreement,
the
prevailing litigant shall be entitled to recover the prevailing
litigant's
attorneys' fees and expenses and costs of court in addition to all
other
relief available under this License Agreement and/or applicable
law. In the
event this License Agreement is terminated, you shall have no right
to use
the Software, in any manner and you shall immediately destroy all
copies of
the Software in your possession, custody or control. You agree that
your
unauthorized use of any NSS property,
whether in whole or in part, would
immediately and irreparably damage NSS
such that NSS could not be adequately
compensated by an award of monetary damages, and in the event of
such
threatened or actual unauthorized use NSS
shall be entitled to an injunctive
order appropriately restraining and/or prohibiting such unauthorized
use
without the necessity of NSS
posting bond or other security.
-----------------------------------------------------------------
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE
AGREEMENT, YOU UNDERSTAND
THIS LICENSE AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION
OF THE SOFTWARE, BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING
OR
COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE OR RAM, YOU AGREE
TO BE
BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. YOU
FURTHER
AGREE THAT, EXCEPT FOR WRITTEN SEPARATE AGREEMENTS BETWEEN NSS
AND YOU, THIS
LICENSE AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS
AND
LIABILITIES OF THE PARTIES HERETO. THIS LICENSE AGREEMENT SUPERSEDES
ALL
PRIOR ORAL AGREEMENTS, PROPOSALS OR UNDERSTANDINGS, AND ANY OTHER
COMMUNICATIONS BETWEEN NSS AND
YOU RELATING TO THE SUBJECT MATTER OF THIS
LICENSE AGREEMENT. |
|
NetSuperSonic
|
