SiteSurfer 1.0 Preview License Agreement
DevTech, Inc. (the AUTHOR) grants you a non-exclusive, non-transferable
license to the SOFTWARE (hereinafter defined), free of charge, for your
end use, provided that you adhere to the terms of this license agreement.
The SOFTWARE is licensed, not sold. The AUTHOR does not transfer title
to the SOFTWARE to you. No rights are granted to you other than those listed
in this license agreement. By installing or USING (hereinafter defined)
the SOFTWARE, you signify your agreement to the terms of this license
agreement (the LICENSE).
As used herein, the following definitions shall apply:
- "SOFTWARE" shall mean the SiteSurfer 1.0 Preview bytecodes, object code,
and any accompanying files and documentation, including any files generated
by the USE of the bytecodes and object code.
- "APPLET" shall mean the subset of the SOFTWARE comprising the Java
applet contained in SITESURF.JAR, SITESURF.CAB, INDEX1.JAR, and INDEX2.JAR files,
and any HTML files that embed or display the Java applet.
- "USE" shall mean the reading into and out of memory of the SOFTWARE and
the execution of the SOFTWARE, in whole or in part.
- LICENSE GRANT
- You may:
- USE the SOFTWARE on one or more machines at the same time.
- Embed the APPLET in your web site or on your own computer, and allow
others to use the APPLET.
- Make copies of the SOFTWARE or portions thereof for backup purposes.
- You may NOT:
- Lease, rent, sublicense, or assign the SOFTWARE, including the APPLET,
or otherwise transfer any rights to the SOFTWARE.
- Remove any notices or labels from the SOFTWARE.
- Unpackage, in whole or in part, any JAR or ZIP files that are part of
- Reverse engineer, reverse compile, disassemble, translate, modify, create
derivative works, or otherwise alter the SOFTWARE.
- Copy or redistribute the SOFTWARE other than as provided in 2(a)(ii) and
- EXPIRATION OF LICENSE
License to the SOFTWARE expires on December 1, 1998. After this date,
your LICENSE to the SOFTWARE is terminated.
- DISCLAIMER OF WARRANTY
- THE SOFTWARE IS PROVIDED ON AN 'AS IS' BASIS. NO WARRANTY IS GRANTED TO
YOU BY THE AUTHOR, EITHER EXPRESSED OR IMPLIED, INCLUDING NO IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
THE SOFTWARE IS NOT INTENDED FOR USE IN ANY ENVIRONMENT WHICH REQUIRES
FAIL-SAFE OPERATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE LIMITATIONS AND DISCLAMERS MAY NOT APPLY TO YOU.
- THE AUTHOR DOES NOT WARRANT THAT THE SOFTWARE IS FREE FROM CLAIMS BY ANY
THIRD PARTY OF PATENT, TRADEMARK, COPYRIGHT, TRADE SECRET, OR ANY OTHER
INTELLECTUAL PROPERTY INFRINGEMENT.
- THE AUTHOR IS NOT OBLIGATED TO PROVIDE UPDATES, FIXES, OR ENHANCEMENTS TO
THE SOFTWARE. UNDER NO CIRCUMSTANCES DOES THIS LICENSE ENTITLE YOU TO ANY
UPDATES, FIXES, OR ENHANCEMENTS TO THE SOFTWARE.
- THE AUTHOR SHALL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY DIRECT, SPECIAL,
CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR LOSS OF PROFITS OR SAVINGS RESULTING
FROM INSTALLATION OR USE OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO
DAMAGES TO HARDWARE AND LOSS OR DAMAGE TO RECORDS OR DATA, EVEN IF THE
AUTHOR HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. THE AUTHOR SHALL NOT
BE HELD RESPONSIBLE OR LIABLE FOR ANY DAMAGES CLAIMED AGAINST YOU BY A THIRD
- GENERAL PROVISIONS
- This LICENSE will be governed by the laws of the State of South Carolina,
U.S.A., excluding the application of its conflicts of law rules. This LICENSE
will not be governed by the United Nations Convention on Contracts for the
International Sale of Goods, the application of which is expressly excluded.
- If any part of this LICENSE is found void and unenforceable, it will not
affect the validity of the balance of the LICENSE, which shall remain valid
and enforceable according to its terms.
- You agree that the SOFTWARE will not
be shipped, transferred or exported into any country or used in any manner
prohibited by the United States Export Administration Act or any other export
laws, restrictions or regulations.
- You agree that any breach or threat of breach of this LICENSE
will result in irreparable harm to the AUTHOR for which damages would not be an
adequate remedy and, therefore, in addition to its rights and remedies
otherwise available at law, including without limitation the recovery
of damages for breach of this LICENSE, the AUTHOR shall be entitled to
equitable relief, including both temporary and permanent injunction, to prevent
any unauthorized use or disclosure, and to such other and further equitable
relief as the court may deem proper under the circumstances.
- You may terminate this LICENSE at your discretion, at any time.
- This LICENSE is automatically terminated if you fail to comply with the
terms of this LICENSE.
- Upon termination of this LICENSE, you may no longer USE the SOFTWARE. You
must destroy all copies of the SOFTWARE.
- The provisions set forth in paragraphs 2(b), 4, and 5
shall survive termination or expiration of this LICENSE.