LICENSE
End User License Agreement for the Inforseer Program
(C) Copyright 2004 Synalytics All Rights Reserved
BEFORE YOU USE THE SOFTWARE DISTRIBUTED WITH THIS LICENSE AGREEMENT, CAREFULLY READ THE TERMS AND CONDITIONS
OF THIS AGREEMENT. BY USING THE SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A
PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF
THIS AGREEMENT, DO NOT USE THE SOFTWARE AND DESTROY ALL COPIES OF
THE SOFTWARE FROM YOUR COMPUTER.
- Synalytics, (the "Company") grants you (the "Customer") a worldwide, non-
exclusive, restricted right and license, in binary executable form, solely for
the purpose of conducting research on the Internet for intelligence information
and to evaluate the product. The Software consists of:
- compiled Infoseer program,
- image files,
- example email, nitf and xml,
- library programs,
- html help files.
The Software may be used without payment for 30 days subject to the terms of
this agreement. If, after 30 days, the Customer wishes to continue using the
Software, then a license fee is immediately due and payable. The Software may
not be used after the 30 days without the payment of license fees. The amount of
the license fee is available from the Company at: "http://www.synalytics.com/".
- The Software is licensed, not sold. The Software is protected by copyright
law and international copyright treaty provisions, as well as other intellectual
property laws and treaties.
- The Customer may use the Software subject to the following restrictions:
- The software is served from a single computer.
(Licenses for multiple computer are also available.)
- The compiled Infoseer Java code may only be served from one computer
- The Customer may not directly link to Infoseer in a network environment.
- The compiled Software may not be decompiled, disassembled or otherwise
reverse-engineered.
- The Software may not be rented, leased, or in any other manner commercially
exploited without the Company's prior written permission. This License is
personal to Customer and Customer agrees not to assign your rights herein.
- Limitation of warranty. The company makes no representations or
warranties about the suitability of this software or about any content
or information played by the software, for any purpose. The software
is provided 'AS IS' without express or implied warranties, including
warranties of merchantability and fitness for a particular purpose or
noninfringement. The company may not support this software and may
not issue updates to this software.
- All information and other content accessed through the Software is
the property of the applicable content owner and may be protected by
applicable copyright law. This License gives Customer no rights to
such content, and Company disclaims any liability for misuse of
content.
- The Company reserves the right at any time to alter prices, features,
specifications, capabilities, functions, licensing terms, release
dates, general availability or other characteristics of the released product.
- Title, ownership rights, and intellectual property rights in and to
the Software shall remain in the Company and/or its suppliers.
Customer agrees to abide by the copyright law and all other applicable
laws of the United States including, but not limited to, export control
laws. Customer acknowledges that the Software remains proprietary and
confidential information and intellectual property of the Company
and/or its suppliers and therefore Customer agrees not to modify the
Software or attempt to decipher, decompile, disassemble or reverse
engineer the Software, except to the extent applicable laws
specifically prohibit such restriction. Reproduction and/or
redistribution of any portion of the Software is specifically
prohibited without the Company's prior written permission.
- Any Party may terminate the Term of this Agreement effective upon written
notice to the other Parties if any other Party materially breaches any of such
Party's obligations under this Agreement, and that Party has not cured the
breach within thirty (30) days after notice of the breach from the non-breaching
Party. However, in case of termination, Sections 5 through 10 of this Agreement
shall indefinitely survive its termination. This License shall be governed by
and construed in accordance with the laws of the State of Texas with exclusive
venue in courts located in Dallas County, Texas, and, as to matters affecting
copyrights, trademarks and patents, by U.S. federal law.
This License sets forth the entire agreement between the Company and Customer.
- Disclaimer of liability. The company or its suppliers shall not be
liable for (a) Direct, Incidental, Consequential, Special or Indirect
damages of any sort whatsoever, whether arising in tort, contract or
otherwise, (including without limitation damages for loss of business
profits, revenues, or information, or for business interruption)
resulting from customer's use of the software or inability to use
the software, even if the company has been informed of the possibility
of such damages, or (b) For any claim by any other party than customer.
This disclaimer of liability shall not apply to liability for death or
personal injury where the 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 customer.
- HIGH RISK ACTIVITIES. The Software is not fault-tolerant and is
not designed, manufactured or intended for use or resale as on-line
control equipment in hazardous environments requiring fail-safe
performance, such as in the operation of nuclear facilities, aircraft
navigation or communication systems, air traffic control, direct life
support machines, or weapons systems, in which the failure of the
Software could lead directly to death, personal injury, or severe
physical or environmental damage ("High Risk Activities"). The Company
and its suppliers specifically disclaim any express or implied warranty
of fitness for High Risk Activities.
- The Company does not represent or warrant that the Software is free
of infringement of any third-party patents.
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