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DHTML Menu Builder 2 License Agreement.htm
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DHTML Menu Builder 2 License Agreement.htm
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<html>
<head>
<meta http-equiv=Content-Type content="text/html; charset=windows-1252">
<title>DHTML Menu Builder 2 License Agreement</title>
<style>
<!--
-->
</style>
</head>
<body>
<div>
<p><font size=1 face="Times New Roman">DHTML Menu
Builder 2 License Agreement<br>
xFX JumpStart Legal Notices</font></p>
<p><font size=1 face="Times New Roman">Copyright
1996-2000 xFX JumpStart Software, Inc. All rights reserved.</font></p>
<p><font size=1 face="Times New Roman">DHTML Menu
Builder is a registered trademark of xFX JumpStart. All other brand and product
names are trademarks of their respective holders.</font></p>
<p><font size=1 face="Times New Roman">LICENSE
AGREEMENT</font></p>
<p><font size=1 face="Times New Roman">This is a
legal agreement between you (either an individual or an entity, hereinafter
known as "Licensee"), and xFX JumpStart, Inc. (hereinafter known as
"Licensor"). BY PURCHASING THIS SOFTWARE, YOU AGREE TO BE BOUND BY
THE TERMS OF THIS AGREEMENT. If you do not agree to the terms of this
Agreement, you may promptly return the software and accompanying items to
Licensor for a full refund.</font></p>
<p><font size=1 face="Times New Roman">This
Agreement applies in the absence of a signed license agreement between Licensee
and Licensor; any such signed license agreement shall supercede this Agreement.</font></p>
<p><font size=1 face="Times New Roman">TECHNICAL
SUPPORT</font></p>
<p><font size=1 face="Times New Roman">Technical
support for DHTML Menu Builder: Licensor agrees to provide technical support to
a single point of contact in the Licensee organization for one year from the
Date of this Agreement or until a new release of the product is made available
to the public. Licensee agrees to provide technical support to all other
Licensee end-users.</font></p>
<p><font size=1 face="Times New Roman">UPGRADES</font></p>
<p><font size=1 face="Times New Roman">Subject to
third-party supplier restrictions and charges, Licensor agrees to make
available to Licensee, upon request, any maintenance releases, new and enhanced
versions or upgrades of the licensed software that Licensor releases for the
Windows platform for a period of one (1) year from the Date of this Agreement.
Licensor may, at its sole discretion, extend the free technical support and
upgrade period beyond the above-mentioned one (1) year date.</font></p>
<p><font size=1 face="Times New Roman">GENERAL
LICENSE TERMS</font></p>
<p><font size=1 face="Times New Roman">GUARANTEE.
The licensed software comes with a 30-day money-back satisfaction guarantee
from the Date of this Agreement.</font></p>
<p><font size=1 face="Times New Roman">USE
LIMITATIONS. You may not rent, lease, lend, sublicense, time-share, distribute,
sell or assign the license to use this software. NOR MAY YOU USE THIS SOFTWARE
ON MORE COMPUTERS OR TERMINALS THAN YOUR LICENSE PERMITS. You may make backup
copies of the software strictly for your own archival purposes. Except as
explicitly permitted pursuant to this Agreement, YOU MAY NOT OTHERWISE
DISTRIBUTE, COPY, REPRODUCE, SUBLICENSE, SELL OR OTHERWISE DISTRIBUTE THE
LICENSED SOFTWARE. IN NO EVENT MAY YOU OR ANY OTHER PARTY MODIFY, ADAPT,
TRANSLATE, REVERSE ENGINEER, DECOMPILE, DISASSEMBLE, OR CREATE DERIVATIVE WORKS
BASED ON THIS SOFTWARE.</font></p>
<p><font size=1 face="Times New Roman">DISCLAIMER
OF WARRANTY. This Software is provided AS IS. To the extent permitted by
applicable law, LICENSOR AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE
PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. Licensor and its
suppliers make NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION, ANY WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR
PURPOSE.</font></p>
<p><font size=1 face="Times New Roman">EXCLUSION
OF CONSEQUENTIAL, INCIDENTAL AND SPECIAL DAMAGES. To the extent permissible by
law, NEITHER LICENSOR NOT ITS SUPPLIERS SHALL BE LIABLE TO YOU FOR ANY
CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, including lost profits, lost
savings or other incidental or consequential damages arising out of the use of
or inability to use the licensed software, even if Licensor and its suppliers
have been advised of the possibility of such damages.</font></p>
<p><font size=1 face="Times New Roman">LIMITATION
OF LIABILITY. IN NO EVENT WILL LICENSOR'S LIABILITY FOR ANY DAMAGES EVER EXCEED
THE LOWER OF SUGGESTED LIST PRICE OR ACTUAL PRICE PAID FOR THE SOFTWARE.</font></p>
<p><font size=1 face="Times New Roman">TERMINATION
OF LIABILITY. To the extent that Licensor, notwithstanding the above
disclaimers, remains legally liable to Licensee, such liability shall expire
one year from the Date of this Agreement.</font></p>
<p><font size=1 face="Times New Roman">LIMITATION
ON TRANSFER OF INTELLECTUAL PROPERTY RIGHTS IN THE SOFTWARE. This software is
owned by Licensor and its suppliers, and its structure, organization and code
are the valuable trade secrets of Licensor and its suppliers. The Software is
also protected by the United States Copyright law and International Treaty
provisions. You may not copy the software, except as provided in this
Agreement. Any copies that you are permitted to make pursuant to this Agreement
must contain the same copyright and other proprietary notices that appear on or
in the software. You agree not to modify, adapt, translate, reverse engineer,
decompile, disassemble or otherwise attempt to discover the source code of the
software. Trademarks shall be used in accordance with accepted trademark
practice, including identification of trademark owner's name. Such use of any
trademark does not give you any rights of ownership in the trademark. Except as
stated above, this Agreement does not grant you any intellectual property
rights in the software.</font></p>
<p><font size=1 face="Times New Roman">OTHER U.S.
GOVERNMENT INFORMATION. Use, duplication, or disclosure by the U.S. Government
of the computer software and documentation in this package shall be subject to
the restricted rights applicable to commercial computer software as set forth
in subdivision (b)(3)(ii) of the Rights in Technical Data and Computer Software
clause at 252.227-7013 (DFARS 52.227-7013).</font></p>
<p><font size=1 face="Times New Roman">INTERNATIONAL
LAW AND EXPORT. This Agreement will not be governed by the United Nations
Convention on Contracts or the International Sale of Goods, the application of
which is expressly excluded. 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.</font></p>
<p><font size=1 face="Times New Roman">DATE OF
AGREEMENT. The "Date" of this Agreement, as used herein and in all
previous and subsequent sections, shall be the day that Licensor receives the
licensed software.</font></p>
<p><font size=1 face="Times New Roman">LAW
GOVERNING. This Agreement is governed by the Laws of the United States of
America.</font></p>
<p><font size=1 face="Times New Roman">OTHER. If
any part of this Agreement is found void and unenforceable, it will not affect
the validity of the balance of the Agreement, which shall remain valid and
enforceable according to its terms.</font></p>
</div>
</body>
</html>