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Last Update: August 11, 2000
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License Agreement |
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BlackHoleSun Software, Inc. License Agreement
In return for acquiring a license to use the software ("Software") and related
documentation, you agree to the following terms and conditions:
1. License. This Agreement grants you, the Licensee, a license to: (a) use the
Software on a single computer system or, in the case of a multi-user or
networked system which permits access to the Software by more than one user at
the same time, at a single working location; and (b) make one copy of the
Software in machine readable form solely for back-up purposes provided you
reproduce BlackHoleSun Software, Inc.'s copyright proprietary legends.
2. Restrictions. You may not distribute copies of the Software to others or
electronically transfer the Software from one computer to another over a
network. You may not use the Software from multiple locations of a multi-user
or networked system at any time. The Software contains trade secrets and in
order to protect them you may not decom- pile, reverse engineer, disassemble, or
otherwise reduce the Software to a human-perceivable form. YOU MAY NOT MODIFY,
ADAPT, TRANSLATE, RENT, LEASE, LOAN, RESELL FOR PROFIT, DISTRIBUTE, NETWORK OR
CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF.
3. Ownership of Software. As Licensee, you own the media upon which the
software is recorded or fixed, but BlackHoleSun Software, Inc. retains title and
ownership of the Software recorded on the original media and all subsequent
copies of the Software, regardless of the form or media in which or on which the
original and other copies may exist. This license is not a sale of the Software
or any copy.
4. Confidentiality. You agree to maintain the Software in confidence and to not
disclose the Software to any third party without the express written consent of
BlackHoleSun Software, Inc. You further agree to take all reasonable
precautions to preclude access of unauthorized persons to the Software.
5. Term. This license is effective until January 1, 2045, unless terminated
earlier. You may terminate the license at any time by destroying the Software
(including the related documentation) together with all copies or modifications
in any form. BlackHoleSun Software, Inc. will have the right to terminate your
license immediately if you fail to comply with any term or condition of this
Agreement. Upon any termination, including termination by you, you must destroy
the Software (including the related documentation) together with all copies or
modifications in any form.
6. Limited Warranty. BlackHoleSun Software, Inc. warrants only that the media
upon which the Software is furnished will be free from defects in material or
workmanship under normal use and service for a period of thirty (30) days from
the date of delivery to you. BlackHoleSun Software, Inc. DOES NOT AND CANNOT
WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR
DOCUMENTATION. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES
BlackHoleSun Software, Inc. WILL PROVIDE FOR BREACH OF WARRANTY. EXCEPT FOR THE
FOREGOING LIMITED WARRANTY, BlackHoleSun Software, Inc. MAKES NO WARRANTIES,
EXPRESSED OR IMPLIED, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow
the exclusion of implied warranties or limitations on how long an implied
warranty may last, so the above limitations may not apply to you. This warranty
gives you specific legal rights and you may also have other rights which vary
from state to state.
7. Limitation of Liability. IN NO EVENT WILL BlackHoleSun Software, Inc. BE
LIABLE TO YOU FOR ANY SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS,
OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF BlackHoleSun Software,
Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY
ANY OTHER PARTY. Some states do not allow the exclusion or limitation of
special, incidental, or consequential damages, so the above limitation or
exclusion may not apply to you.
8. Limitation of Remedies. BlackHoleSun Software, Inc.'s entire liability and
your exclusive remedy shall be: (a) the replacement of any media not meeting
BlackHoleSun Software, Inc.'s limited warranty which is returned to BlackHoleSun
Software, Inc.; or (b) if BlackHoleSun Software, Inc. or its distributor is
unable to deliver replacement media which is free of defects in materials or
workmanship, you may terminate this Agreement by returning the Software and
your money will be refunded.
9. General. You acknowledge that you have read this Agreement, understand it,
and that by using the software you agree to be bound by its terms and
conditions. You further agree that it is the complete and exclusive statement
of the agreement between BlackHoleSun Software, Inc. and you which supersedes
any proposal or prior agreement, oral or written, and any other communication
between BlackHoleSun Software, Inc. and you relating to the subject matter of
this Agreement. No variation of the terms of this Agreement or any different
terms will be enforceable against BlackHoleSun Software, Inc. unless
BlackHoleSun Software, Inc. gives its express consent, including an express
waiver of the terms of this Agreement, in a writing signed by an officer of
BlackHoleSun Software, Inc.. You assume full responsibility for the use of the
Software and agree to use the Software legally and responsibly. This Agreement
shall be governed by North Carolina law except as to copyright matters which are
covered by Federal law. This Agreement is deemed entered into at Lenoir, North
Carolina by both parties. Should any provision of this Agreement be declared
unenforceable in any jurisdiction, then such provision shall be deemed to be
severable from this Agreement and shall not affect the remainder hereof. All
rights in the Software not specifically granted in this Agreement are reserved
by BlackHoleSun Software, Inc.
Should you have any questions concerning this Agreement, you may contact
BlackHoleSun Software, Inc. by writing to:
BlackHoleSun Software, Inc.
308 Park Street
Boone, NC 28607
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