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** END-USER LICENSE AGREEMENT FOR COMCITY LLC SOFTWARE
IMPORTANT-READ CAREFULLY: LICENSE AGREEMENT: This is a legal agreement between you, the end user (either an individual or a single entity), and ComCity, a limited liability company operating in the State of Texas, USA. BY INSTALLING, COPYING, OR OTHERWISE USING THIS COMCITY SOFTWARE PRODUCT WHICH INCLUDES COMPUTER SOFTWARE AND ASSOCIATED MEDIA, PRINTED MATERIALS, AND ALL "ONLINE" AND ELECTRONIC DOCUMENTATION ("SOFTWARE PRODUCT"), YOU ARE CONSENTING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT CONSENT TO THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN FOR REFUND THIS SOFTWARE PRODUCT TO THE VENDOR FROM WHOM YOU OBTAINED IT. 1. GRANT: ComCity LLC ("ComCity" or "Licensor") grants you ("Licensee" or "you") a non-transferable, non-exclusive license to use a single copy of the enclosed software products (hereafter collectively referred to as "Software") according to the terms below. 2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. - This Software License Agreement ("License") permits you to use one copy of the software acquired with this license ("Software") on any single computer, provided the Software is in use on only one computer at any time. The Software is deemed "in use" on a computer when it is loaded into the temporary memory (i.e. RAM) or installed onto the permanent memory (e.g. hard disk or other storage medium) of that computer. If you have more than one License for the Software, then at any time you may have as many copies of the Software in use as you have Licenses. The software is subject to this agreement, however it may be freely installed on any of your computers. · Limitations on Reverse Engineering, De-compilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. · Rental. You may not sell, rent, or lease the SOFTWARE PRODUCT. · Support Services. 30 days of Free technical support will be provided for purchased copies of this SOFTWARE PRODUCT. Additional technical support beyond the 30 days may be optionally purchased as the time of purchase of the SOFTWARE PRODUCT. Purchasing additional support does in no one extend or apply additional warranties of merchantiability or fitness for a particular purpose. · No Other Uses. You may not use the SOFTWARE PRODUCT in any way other than as expressly permitted under this License. · Software Transfer. You may not rent, transfer or grant any rights in the Software, or any portion thereof, in any form to any person without the prior written consent of Licensor which, if given, is subject to the conferee's consent to the terms and conditions of this license · Notices. You may not remove any proprietary notices, labels or marks on the Software. · Termination. Without prejudice to any other rights, ComCity may terminate this License if you fail to comply with the terms and conditions. In such event, you must immediately destroy all copies of the SOFTWARE PRODUCT and all of its component parts. 3. COPYRIGHT. The on-line help and manual are Copyright (c) 1995-2008 by ComCity(R) LLC. The Software is Copyright (c) 1995-2008 by ComCity LLC. This is a license and not a sale of the software. The Software is owned by ComCity or its suppliers and is protected by United States copyright laws, international treaty provisions, and all other applicable national laws. Therefore, you must treat the Software like any other copyrighted material, except that you may either (a) make one copy of the Software solely for backup or archival purposes, or (b) transfer the Software to a single hard disk provided you keep the original solely for backup or archival purposes. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, PERL code, animations, video, audio, music, text, and HTML incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by ComCity or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material. You may not copy the printed materials, accompanying the SOFTWARE PRODUCT. 4. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is ComCity/13805 US Hwy 183, Suite 140, Austin, TX 78750. LICENSE KEY: A License Key may have been supplied to you to support your use of the Software. The License Key is confidential information of ComCity, and you may not disclose it to any other person or entity. LIMITED WARRANTY AND DISCLAIMER: ComCity warrants that the Software will perform substantially in accordance with this manual for a period of 30 days from the date of receipt. Any implied warranties on the Software are limited to 30 days, or the shortest period permitted by applicable law, whichever is greater. The entire liability of ComCity and your exclusive remedy shall be, at the option of ComCity, either (a) return of the price paid or (b) repair or replacement of the Software that does not meet this Limited Warranty and which is returned to ComCity with a copy of your receipt. This Limited Warranty is void if failure of the Software has resulted from accident, abuse or misapplication. Any replacement Software will be warranted for the remainder of the original warranty period or 30 days, whichever is longer. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMCITY CORPORATION DISCLAIMS ALL OTHER WARRANTIES EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE AND THIS MANUAL. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMCITY AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS), WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE OR THIS MANUAL. IN ANY CASE, THE ENTIRE LIABILITY OF COMCITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE, OR TO $500, WHICHEVER IS THE LESSER. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. TERMINATION: Unauthorized copying or use of the Software, or any portion thereof, or failure to comply with the above restrictions will result in automatic termination of this license and will make available to Licensor other legal remedies. Upon termination Licensee will destroy or return to Licensor the Software and any copies. Jurisdiction and Interpretation: This agreement shall be interpreted according to the Laws of Texas and the county of Travis which shall apply to the whole terms thereof. You consent to the jurisdiction of the Texas Courts insofar as not already subject thereto. Use, duplication or disclosure by the U.S. Government is subject to restrictions stated in paragraph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at 252.227-7013.
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