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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.

  1. 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/".

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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.

  8. 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.

  9. 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.

  10. 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.

  11. 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.

  12. The Company does not represent or warrant that the Software is free of infringement of any third-party patents.
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Copyright (c) 2004-2006. Synalytics All Rights Reserved