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Azimuth
Interactive Terms and Conditions
EBOOK
USER LICENSE AGREEMENT
Azimuth
Interactive, Inc. ("Company") agrees to grant and you agree to accept
a non-exclusive, non-transferable license to use the Azimuth Interactive
Software (the "Licensed Software") under the following terms and
conditions:
1.
License. Subject to compliance by you with the terms hereof, you
are authorized to use the Licensed Software in object code form
only, on any computer system owned, leased or otherwise controlled
by you, provided that the Licensed Software may be accessed at any
time by no more than one user at a time for each copy of the Licensed
Software licensed (that is, the number of passwords you have purchased
rights for). You shall have no right to sublicense, rent or lease
the Licensed Software. You may not modify the Licensed Software
and/or merge the Licensed Software with other programs.
2.
Term. This Agreement and license are effective from the date of
receipt and shall remain in force until terminated. You may terminate
this Agreement and license by giving Company written notice and
destroying all complete and partial copies of the Licensed Software
in your possession. Company may terminate the license hereunder
if you breach any of the terms and conditions of this Agreement
and do not remedy such breach within ten days written notice. In
the event of such termination, you will certify in writing that
the original and all copies of the Licensed Software have been destroyed
or returned to Company.
3.
Title and Confidentiality. All right, title and interest in and
to the Licensed Software are and shall remain with Company. No title
to or ownership of the Licensed Software is transferred hereby.
Notwithstanding any copyright notice, the Licensed Software contains
trade secrets and confidential information of Company. You agree
not to disclose or otherwise make available any part of the Licensed
Software to any third party, other than your employees, without
the prior written permission of the Company. You may make one copy
of the Licensed Software in machine-readable form for back-up and
archival purposes only, provided that the original copyright notices
and other legends are reproduced on each copy. You agree not to
reverse compile, disassemble or reverse engineer the Licensed Software
in whole or in part.
4.
The export and re-export of the Licensed Software is controlled
by the United States Export Administration Act, as amended, and
the Export Administration Regulations promulgated thereunder and,
in addition, the Licensed Software may not be exported or re-exported
to Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any country
which the United States of America embargoes goods. Furthermore,
the Licensed Software may not be distributed to persons on the Table
of Denial Orders, the Entity List or the List of Specially Designated
Nationals. By accepting the terms and conditions of this license,
you are certifying that you are currently not in violation and will
not violate the Export Administration Act, as amended, and the Export
Administration Regulations promulgated thereunder. In addition,
you are certifying that you are not a national of Cuba, Iran, Iraq,
Libya, North Korea, Sudan, Syria or any country to which the United
States of America embargoes goods and that you are not a person
on the Table of Denial Orders, the Entity List or the List of Specially
Designated Nationals.
5.
Limitations on Warranty. Company does not warrant that the Licensed
Software will meet your requirements or that the operation of the
Licensed Software will be uninterrupted or error-free THE LICENSED
SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE
LICENSED SOFTWARE IS ASSUMED BY YOU.
6.
Limitation of Remedies. In no event will Company be liable for any
damages, including, without limitation, incidental and consequential
damages and damages for lost data or profits arising out of the
use or inability to use the Licensed Software, even if Company has
been advised of the possibility of such damages. The entire liability
of Company shall be limited to the amount actually paid by you for
the Licensed Software. Because some states do not allow the exclusion
or limitation of liability for consequential or incidental damages,
the above limitation may not apply to you.
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