| End User License Agreement for QuickPage Software |
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| GRANT. |
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| Subject to the provisions contained herein, Qpage Solutions ("Author") |
| hereby grants you a non-exclusive license to use its accompanying |
| proprietary software product and associated documentation ("Software") |
| free of charge pursuant to the terms and conditions of this Agreement. |
| You are not entitled to support or telephone assistance in connection |
| with your use of the Software. |
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| SOFTWARE AND DOCUMENTATION. |
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| The Author shall furnish the Software to you electronically in source |
| code form. This license does not grant you any right to any enhancement |
| or update to the Software and Documentation. |
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| USE RESTRICTIONS. |
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| You may use, copy, and modify the Software in source code or object |
| code form, subject to the following conditions: |
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| o If the Software is modified, any Software containing |
| modifications must prominently state in the modified product |
| or documentation (i) that it has been modified, (ii) the |
| identity of the person or entity that made the modifications, |
| and (iii) the date the modifications were made. |
| |
| o Each copy of the Software made by you shall be subject to the |
| terms of this Agreement and shall contain all of the Author's |
| notices regarding copyrights, trademarks and other proprietary |
| rights as contained in the Software originally provided to you. |
| |
| o The Software may not be transferred to any third party unless |
| such third party receives a copy of this Agreement and agrees |
| to be bound by all of its terms and conditions. |
| |
| o The Software or any modifications or derivations thereof may |
| not be transferred to any third party under any other license |
| agreement without prior written permission from the Author. |
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| TITLE. |
| |
| Title, ownership rights, and intellectual property rights in and to |
| the Software shall remain with the Author. The Software is protected |
| by the copyright laws of the United States and international copyright |
| treaties. |
| |
| CONTENT. |
| |
| Title, ownership rights, and intellectual property rights in and to |
| the content accessed through the Software is the property of the |
| applicable content owner and may be protected by applicable copyright |
| or other law. This License gives you no rights to such content. |
| |
| DISCLAIMER OF WARRANTY. |
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| Since the Software is provided free of charge, the Software is |
| provided on an "AS IS" basis, without warranty of any kind, including |
| without limitation the warranties of merchantability, fitness for a |
| particular purpose and non-infringement. The entire risk as to the |
| quality and performance of the Software is borne by you. Should the |
| Software prove defective, you, and not the Author assume the entire |
| cost of any service and repair. This disclaimer of warranty constitutes |
| an essential part of the agreement. |
| |
| LIMITATION OF LIABILITY. |
| |
| UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR |
| OTHERWISE, SHALL QPAGE SOLUTIONS OR ITS SUPPLIERS RESELLERS, OR |
| LICENSEES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, |
| INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY |
| CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, |
| STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER |
| COMMERCIAL DAMAGES OR LOSSES, EVEN IF QPAGE SOLUTIONS SHALL HAVE BEEN |
| INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY |
| OTHER PARTY. |
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| EXPORT CONTROLS. |
| |
| You may not download or otherwise export or reexport the Software or |
| any underlying information or technology except in full compliance |
| with all United States and other applicable laws and regulations. By |
| downloading or using the Software, you are agreeing to the foregoing. |
| |
| TERMINATION. |
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| This Agreement shall automatically terminate upon failure by you to |
| comply with its terms, in which case you shall immediately discontinue |
| the use of the Software and shall within ten (10) days return to the |
| Author or destroy all copies of the Software. You may also terminate |
| this Agreement at any time by destroying the Software and all copies |
| thereof. |
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| MISCELLANEOUS. |
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| This Agreement represents the complete and exclusive statement of the |
| agreements concerning this license between the parties. It may be |
| amended only by a writing executed by both parties. If any provision |
| of this Agreement is held to be unenforceable for any reason, such |
| provision shall be reformed only to the extent necessary to make it |
| enforceable, and such decision shall not affect the enforceability (i) |
| of such provision under other circumstances or (ii) of the remaining |
| provisions hereof under all circumstances. Headings shall not be |
| considered in interpreting this Agreement. This Agreement shall be |
| governed by and construed under the laws of the State of California, |
| except as governed by Federal law. This Agreement will not be governed |
| by the United Nations Convention of Contracts for the International |
| Sale of Goods, the application of which is hereby expressly excluded. |