** END-USER LICENSE AGREEMENT FOR COMCITY LLC SOFTWARE
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
· 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
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.