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YOU SHOULD READ CAREFULLY THE FOLLOWING END USER LICENSE AGREEMENT BEFORE
INSTALLING THIS SOFTWARE PRODUCT. BY INSTALLING, COPYING, OR OTHERWISE
USING THIS SOFTWARE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS
AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE
NOT AUTHORIZED TO USE THE SOFTWARE PRODUCT. This SOFTWARE PRODUCT any
printed materials, any online or electronic documentation, any and all
copies and derivative works of such SOFTWARE PRODUCT and materials are
the copyrighted work of Exponenciel. All use of the SOFTWARE PRODUCT is
governed by the terms of the End-User License Agreement ("EULA")
which is provided below. The SOFTWARE PRODUCT is solely for use by end
users according to the terms of the EULA. Any use, reproduction, or redistribution
of the SOFTWARE PRODUCT not in accordance with the terms of the EULA is
expressly prohibited. The SOFTWARE PRODUCT is protected by copyright laws
and international copyright treaties, as well as other intellectual property
laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. The SOFTWARE PRODUCT is designed for use
with the Microsoft Windows 98 and Microsoft Windows NT operating systems
and requires ACT! for Windows from Interact Commerce Corporation to be
functional.
2. GRANT OF LICENSE
This EULA grants you the following rights:
a. Use and Copy. Exponenciel grants to you the right to install and use
one (1) copy of the SOFTWARE PRODUCT for your use on either a desktop
or portable computer.
b. Reproduction and Distribution. You may reproduce and distribute an
unlimited number of copies of these components of the SOFTWARE PRODUCT;
provided each copy shall be a true and complete copy, including all copyright
and trademark notices, and shall be accompanied by a copy o f this EULA.
You are specifically prohibited from charging or requesting donations
for any such copies of the SOFTWARE PRODUCT. Copies of the SOFTWARE PRODUCT
may be distributed only as a standalone product and may not be distributed
with other products without prior written permission.
3. LIMITATIONS
a. You must maintain all copyright notices on all copies of the SOFTWARE
PRODUCT.
b. 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.
c. You may not rent or lease the SOFTWARE PRODUCT.
d. You may permanently transfer all of your rights under this EULA provided
you retain no copies and the recipient agrees to the terms of this EULA.
4. TERMINATION
Without prejudice to any other rights, Exponenciel may terminate this
EULA if you fail to comply with the terms and conditions of this EULA.
In such event, you must destroy all copies of the SOFTWARE PRODUCT and
all of its component parts.
5. COPYRIGHT
All title and copyrights in and to the SOFTWARE PRODUCT and any copies
thereof are owned by Stand Alone or its suppliers. All title and intellectual
property rights in and to the content which may be accessed through use
of the SOFTWARE PRODUCT is the property of the respective content owner
and may be protected by applicable copyright or other intellectual property
laws and treaties. This EULA grants you no rights to use such content.
6. WARRANTY
Exponenciel does not warrant, guarantee or make any representations that
the functions contained in the SOFTWARE will meet LICENSEE's requirements
or that the operation of the SOFTWARE will be uninterrupted or error-free.
7. LIMITATION OF LIABILITY
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT
REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN
NO EVENT SHALL EXPONENCIEL AND/OR ITS LICENSORS BE LIABLE FOR ANY SPECIAL,
CONSEQUENTIAL, INCIDENTAL OR DIRECT OR INDIRECT (INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF EXPONENCIEL HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
8. EXPORT RESTRICTIONS
You agree that you will not export or re-export the SOFTWARE PRODUCT to
any country, person, entity or end user subject to U.S.A. export restrictions.
9. GOVERNING LAW
This Agreement shall be governed and be construed in accordance with the
laws of the Province of Quebec and the laws of Canada applicable therein.
EXPONENCIEL
34, rue Mortagne
Lorraine (Québec) J6Z 1W2
Canada
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