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Integre techexplorerTM Hypermedia Browser
and Integre MathML Equation Editor are
sponsored freeware, which means
you may download and install one copy of each of these products for your
own personal use. The following paragraphs contain a copy of the End-User
License Agreement included with each of these products.
- ACCEPTANCE OF LICENSE AGREEMENT.
BY CLICKING THE ACCEPTANCE BUTTON OR INSTALLING OR USING THE TECHEXPLORER HYPERMEDIA BROWSER (THE "SOFTWARE"), YOU ARE CONSENTING TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT AS THE "LICENSEE." IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST SELECT THE BUTTON INDICATING NON-ACCEPTANCE, YOU MUST NOT INSTALL OR USE THE SOFTWARE, AND YOU DO NOT BECOME A LICENSEE UNDER THIS AGREEMENT.
- LICENSE GRANT.
Integre Technical Publishing Co., Inc. ("Integre") grants Licensee a non-exclusive and non-transferable license to reproduce and use for personal or internal business purposes the executable code version of the Software, provided any copy must contain all of the original proprietary notices. This license does not entitle Licensee to receive from Integre hard-copy documentation, technical support, telephone assistance, or enhancements or updates to the Software.
- RESTRICTIONS.
- 3.1. GENERAL RESTRICTIONS.
Except as otherwise expressly permitted in this Agreement, Licensee may not: (i) modify or create any derivative works of the Software or documentation, including customization, translation or localization; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Software (except to the extent applicable laws specifically prohibit such restriction); (iii) redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the Software; or (iv) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software.
- 3.2. SPECIFIC RESTRICTIONS REGARDING COMMERCIAL PRODUCTS.
The license rights granted hereunder are limited to non-commercial personal use of the Software. Without limitation, the license rights granted hereunder DO NOT include the right to use the Software from within a commercial third-party application that requires use of the Software, unless that third party publisher has purchased a distribution license from Integre. Please contact Integre with questions about use of the Software within third party applications.
- TERMINATION.
Without prejudice to any other rights, Integre may terminate this Agreement if Licensee breaches any of its terms and conditions. Upon termination, Licensee shall cease all use of the Software and destroy all copies of the Software.
- PROPRIETARY RIGHTS.
The Software is licensed, not sold. Title, ownership rights, and intellectual property rights in the Software shall remain in Integre and/or its suppliers. Licensee acknowledges such ownership and intellectual property rights and will not take any action to jeopardize, limit or interfere in any manner with Integre's or its suppliers' ownership of or rights with respect to the Software. The Software is protected by copyright and other intellectual property laws and by international treaties. Title and related rights in the content accessed through the Software are the property of the applicable content owner and are protected by applicable law. The license granted under this Agreement gives Licensee no rights in or to such content.
- DISCLAIMER OF WARRANTY.
THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES THAT IT IS FREE OF DEFECTS, VIRUS FREE, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
- LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL INTEGRE OR ITS AFFILIATES OR THEIR RESPECTIVE SUPPLIERS OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, INTEGRE'S AND ITS AFFILIATES' ENTIRE COLLECTIVE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED $100.00 IN THE AGGREGATE, WITH THE EXCEPTION OF LIABILITY RESULTING FROM DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF INTEGRE, TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO LICENSEE. INTEGRE IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE SOFTWARE AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT.
- EXPORT.
Licensee agrees to comply with all export and import laws and restrictions and regulations of the United States and foreign countries, and not to export, re-export or import the Software or any direct product thereof in violation of any such restrictions, laws or regulations, or without all necessary authorizations. Neither the Software nor the underlying information or technology may be downloaded or otherwise exported or re-exported (i) to Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, the Taliban-controlled areas of Afghanistan, or any other country subject to U.S. trade sanctions applicable to the Software, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (ii) to any named party or individual on the U.S. Department of Treasury, Office of Foreign Assets Control List of Specially Designated Nationals and Blocked Persons, and the U.S. Department of Commerce, Bureau of Export Administration Denied Persons List or Entity List. By downloading or using the Software, Licensee agrees to the foregoing and represents and warrants that it complies with these conditions.
- HIGH RISK ACTIVITIES.
The Software is not fault-tolerant and is not designed, manufactured or intended for use 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, and Integre and its suppliers specifically disclaim any express or implied warranty of fitness for such activities. Licensee agrees that Integre and its suppliers will not be liable for any claims or damages arising from the use of the Software in such applications.
- U.S. GOVERNMENT END-USERS.
The Software is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End-Users acquire the Software with only those rights set forth herein.
- MISCELLANEOUS.
This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof, and may be amended only by a writing signed by both parties. This Agreement shall be governed by the laws of the State of New Mexico, excluding its conflict of law provisions. All disputes relating to this Agreement are subject to the exclusive jurisdiction of the courts of New Mexico and Licensee expressly consents to the exercise of personal jurisdiction of such courts. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. The provisions of this Agreement which require or contemplate performance after the expiration or termination of this Agreement shall be enforceable notwithstanding said expiration or termination. Licensee may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein. This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns.
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