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Year 2000
notice: All LiveWebs Ltd products are Year 2000 compliant
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| ATTENTION: THIS IS A LICENSE, NOT A SALE. THIS PROGRAM IS PROVIDED
UNDER THE FOLLOWING LICENSE WHICH DEFINES WHAT YOU MAY DO WITH THE PROGRAM AND CONTAINS
LIMITATIONS ON WARRANTIES AND/OR REMEDIES. THIS LICENSE IS GRANTED BY LIVEWEBS LIMITED. |
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|
| A. LICENSE: |
| LIVEWEBS ("we" or "us") provides you with a
computer program (the "Program"), and grants you a license to use the Program in
accordance with the terms of this License. The copyright and all other rights to the
Program shall remain with us or our suppliers. You must reproduce any copyright or other
notice marked on the Program on all copies you make. |
|
| B. YOU MAY: |
| 1. use the Program only on a single computer or network. This copy
is to be used by only a single user at a time. If you wish to use the Program for more
users, you will need an additional license for each user. |
| 2. make one copy of the Program for archive or backup purposes. |
| 3. use a copy of the Product on a home or portable computer if that
copy is never loaded in the RAM of your home or portable computer at the same time it is
loaded on your primary computer. |
| 4. transfer the Product to someone else only if you assign all of
your rights under this License, cease all use of the Product, erase or destroy any copy
(including the hard disk copy) made in support of your use of the Product, and ensure that
the person to whom you wish to transfer the Product agrees to the terms of this License. |
| 5. if you have purchased this Product as an upgrade of either a
LiveWebs product or another vendor's product, you may continue to use your upgraded
product with this Product. If you transfer this Product, you must either transfer the
upgraded product at the same time you transfer the Product or destroy the upgraded product
at the same time you transfer the Product. If the Product you have purchased is an upgrade
of a LiveWebs product, you now may use that upgraded product only in accordance with this
License. |
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|
| C. YOU MAY NOT: |
| 1. use the Program or make copies of it except as permitted in this
License. |
| 2. translate, reverse engineer, decompile, or disassemble the
Program except to the extent the foregoing restriction is expressly prohibited by
applicable law. |
| 3. rent, lease, assign, or transfer the Program except as set out
in paragraph B above. |
| 4. modify the Program or merge all or any part of the Program with
another program. |
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| D. TERM: This License shall continue for as long as you use the
Program. However, it will terminate if you fail to comply with any of its terms or
conditions. You must agree, upon termination, to destroy all copies of the Program. The
Limitations of Warranties and Liability set out below shall continue in force even after
any termination. |
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| E. LIMITATIONS OF WARRANTIES AND LIABILITY: THIS SOFTWARE IS
PROVIDED AND LICENSED BY LIVEWEBS ON AN "AS IS" BASIS, WITHOUT ANY OTHER
WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE.
THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU.
NEITHER LIVEWEBS NOR ITS DEALERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER
PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA
OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF LIVEWEBS HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, OR THEY ARE FORESEEABLE. LIVEWEBS IS ALSO NOT RESPONSIBLE FOR CLAIMS BY A
THIRD PARTY. THE LIMITATIONS SET FORTH HEREIN SHALL APPLY WHETHER OR NOT THE ALLEGED
BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH.
SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. |
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| F. ELIGIBILITY: To be eligible to purchase the Program you must be
in compliance with applicable export laws. By accepting the End User License agreement you
are representing and warranting to LiveWebs you are compliant with the following
statements: (i) you are not a citizen, national or resident of, and are not under the
control of, the government of : Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, nor
any other country to which the United States has prohibited export; (ii) you will not
download or otherwise export or re-export the Program, directly or indirectly, to the
countries mentioned in clause (i) nor to citizens, nationals or residents of those
countries; (iii) you are not listed in the United States Department of Treasury lists of
Specially Designated Nationals, Specially Designated Terrorists, and Specially Designated
Narcotic Traffickers, nor are you listed on the United States Department of Commerce Table
of Denial Orders; (iv) you will not download or otherwise export or re-export the Program,
directly or indirectly, to persons on the lists mentioned in clause (iii); and (v) you
will not use the Program for, and will not allow the Program to be used for, any purposes
prohibited by United States law, including, without limitation, for the development,
design, manufacture or production of nuclear, chemical or biological weapons of mass
destruction. |
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| If you cannot represent and warrant that you are in compliance with
the above statements, you are not eligible to purchase the Program. |
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| G. GENERAL: This License is the entire agreement between us,
superseding any other agreement or discussions, oral or written, and may not be changed
except by a signed agreement. This License shall be governed by and construed in
accordance with the laws of England, excluding that body of law applicable to choice of
law and excluding the United Nations Convention on Contracts for the International Sale of
Goods and any legislation implementing such Convention, if otherwise applicable. If any
provision of this License is declared by a Court of competent jurisdiction to be invalid,
illegal, or unenforceable, such a provision shall be severed from the License and the
other provisions shall remain in full force and effect. The parties have requested that
this Agreement and all documents contemplated hereby be drawn up in English. |
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| BY ACCEPTING THIS END USER LICENSE AGREEMENT YOU CERTIFY TO
LIVEWEBS ON BEHALF OF YOURSELF AND/OR YOUR COMPANY THAT YOU HAVE READ, UNDERSTAND AND
AGREE TO COMPLY WITH AND BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT
AND ARE ELIGIBLE TO PURCHASE THE PROGRAM. INSTALLING THE PROGRAM WILL BE AN
IRREVOCABLE ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. |
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| © 1999 LiveWebs Limited. All rights reserved. |
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