This is a legal contract between you and ImaginOn ("ImaginOn").
Before you use the software, carefully read the terms and conditions
of this Agreement. By using the software, you are agreeing to
be bound by these terms and are becoming a party to this Agreement.
If you do not agree to all of the terms then do not use the software.
1(a). LICENSE. ImaginOn grants you an unlimited-term, non-exclusive,
non-transferable royalty-free license to use this version of
WebZinger(tm)(the "Software"), in binary executable form for any legal
purpose. This is a one user license, therefore you are only licensed
to use
the Software personally. No modification, adaptation, reproduction
or
transfer is permitted. You may: use the Software on any single
computer;
use the Software on a second computer so long as the primary
user of each
copy is the same person and more than one copy is not used simultaneously;
or copy the Software for archival purposes, provided any copy must
contain
all of the original Software's proprietary notices.
1(c). SITE LICENSE. In the alternative, your license may be converted
to a non-exclusive, non-transferable site license of unlimited duration
by contacting ImaginOn’s sales management at 650-596-9300.
2. ImaginOn makes no representations concerning the suitability for
any purpose of the Software or about the accuracy of data or
information made accessible by it. The Software is provided "as is"
without express or implied warranties, including but not limited to
implied warranties of merchantability and fitness for a particular
purpose or noninfringement of intellectual property rights of third
persons. ImaginOn assumes no liability for any damages (whether
direct, incidental or consequential) suffered by you or any third
person as a result of use of the Software. SOME STATES DO NOT ALLOW
EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY
TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO
STATE OR BY JURISDICTION.
LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL ImaginOn OR ITS
SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY
AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL
ImaginOn BE LIABLE FOR ANY DAMAGES IN EXCESS OF ImaginOn's LIST
PRICE FOR A LICENSE TO THE SOFTWARE, EVEN IF ImaginOn SHALL HAVE
BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM
BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO
LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW
PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
3. ImaginOn has no obligation to issue any updates, revisions,
corrections, new versions or manuals for the Software or otherwise
to support the Software.
4. Content accessed through the Software is the property of the
applicable content owner and may be protected by applicable
copyright or other intellectual property laws. This License
Agreement conveys no rights to such content.
5. ImaginOn reserves the right at any time to alter prices,
features, specifications, capabilities, functions, licensing terms,
release dates, general availability or other characteristics of the
Software.
6. The Software is owned by ImaginOn or its suppliers. Title,
ownership rights, and intellectual property rights in and to the
Software shall remain in ImaginOn and/or its suppliers. You agree
to abide by the copyright law and all other applicable laws of the
United States and other applicable jurisdictions. You acknowledge
that the Software in source code form remains a confidential trade
secret of ImaginOn and/or its suppliers. You may not: permit other
individuals to use the Software; modify, translate, reverse
engineer, decompile, disassemble (except to the extent applicable
laws specifically prohibit such restriction), or create derivative
works based on the Software; copy the Software; rent, lease, assign
or otherwise transfer rights to the Software; or remove any
proprietary notices or labels on the Software.
7. ImaginOn may terminate this License Agreement at any time by
delivering notice to you and you may terminate this License
Agreement at any time by destroying or erasing your copy of the
Software. Your license will terminate automatically if you fail to
comply with the limitations specified herein. Upon termination of
this License Agreement, you agree to destroy or erase the Software.
In the event of termination, the provisions of paragraphs 2 to 6 of
this License Agreement will survive.
8. This License Agreement shall be governed by the laws of the
State of California, U.S.A., and the applicable local law of such
jurisdiction where ImaginOn's intellectual property rights may be
infringed. The venue of any dispute under this License Agreement
shall be the applicable State and/or Federal courts for San Carlos,
California; except that ImaginOn may enforce its intellectual
property rights before the competent courts of any jurisdiction
where an act of infringement has occurred. Final decisions of the
specified courts may be enforced in any court of competent
jurisdiction.
9. If any provision of this License Agreement is unenforceable,
invalid, or violates applicable law, such provision shall be deemed
stricken and shall not affect the enforceability of any other
provision of this License Agreement.
10. This License Agreement sets forth the entire agreement between
you and ImaginOn. No change, modification, addition, or amendment
to this License Agreement shall be valid unless in writing and
signed by an authorized officer of the party to be charged.
11. U.S. Government Restricted Rights: use, duplication or
disclosure by the Government is subject to restrictions set forth
in subparagraphs (a) through (d) of the Commercial Computer-
Restricted Rights clause at FAR 52.227-19 when applicable, or in
subparagraph (c)(1)(ii) of the Rights in Technical Data and
Computer Software clause at DFARS 252.227-7013, and in similar
clauses in the NASA FAR Supplement. Contractor/manufacturer is
ImaginOn, 864 Laurel Street, San Carlos CA 94070.