UNIVERSE ONLINE (UOL), INC END USER LICENSE AGREEMENT
Before you install UOL software, please carefully read the terms and conditions
of this agreement. By installing software you are consenting to be bound by and
are becoming a party to this agreement and its conditions. If you do not agree
with and consent to all of the terms and conditions of this agreement, do not
install or use the software.
SOFTWARE LICENSE
1.
No representations are made about the suitability of the Software, or about the
suitability or accuracy of any content, information, or code created or made
accessible by the Software, for any purpose or use. The Software is provided
'as is' without express or implied warranties of any kind, including warranties
of title, non-infringement, merchantability, or fitness or suitability for a
particular use or purpose. Neither the manufacturer nor any party involved in
creating, producing, or delivering the Software shall be liable, under any
circumstances or theory, for any damages of any kind suffered or incurred by
you or any user of the Software or of content, information or code created or
made accessible by the Software.
2.
Further, neither the manufacturer nor any party involved in creating,
producing, or delivering the Software shall be liable for incidental,
consequential, special, direct, or indirect damages of any sort or kind arising
out of any breach of any warranty or any damages whatsoever resulting from loss
of use, data or profits, whether in an action based upon contract, negligence,
or other tortious conduct, arising out of or in connection with the use or
performance of the software.
3.
The manufacturer of the Software shall not be liable for (a) incidental,
consequential, special, direct, or indirect damages of any sort or kind,
whether arising in tort, contract or otherwise, even if the manufacturer of the
software has been informed of the possibility of such damages; or (b) for any
claim by any other party.
4.
You agree to defend, indemnify, and hold harmless the manufacturer and its
parent and affiliates and all of their employees, agents, directors, officers,
proprietors, partners, representatives, shareholders, servants, attorneys,
predecessors, successors, and assigns, from and against any and all claims,
proceedings, damages, injuries, liabilities, losses, costs, and expenses
(including reasonable attorneys' fees and litigation expenses), relating to or
arising from your use of the Software.
5.
The manufacturer of the Software is not required to support or issue updates to
the Software.
6.
Title, ownership rights, and intellectual property rights in and to the
Software shall remain entirely with the manufacturer of the Software. You agree
to fully abide by copyright law and all other applicable laws of the United
States, including, but not limited to, export control laws. You acknowledge and
agree that the Software in source code form remains a confidential trade secret
of the manufacturer and therefore you agree and consent 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. Any reproduction or redistribution of the Software in violation of
this agreement is expressly prohibited by law, and will result in severe civil
and criminal penalties.
7.
This License is personal to you and you agree not to assign your rights herein.
This License shall be governed by and construed in accordance with the laws of
the State of Connecticut and, as to matters affecting copyrights, trademarks
and patents, by United States federal law. This License sets forth the entire
agreement between you and the manufacturer of the Software.
8.
This agreement grants to you a limited, non-exclusive, non-sublicensable,
license to use this version of the Software in binary executable form. The
license permits you to (a) install and use the software on a single terminal or
a single workstation of a computer; (b) install the software onto a permanent
storage device (a hard drive); and, (c) create printouts of output from the
Software for your personal use only.
9.
You may not download or otherwise export or re-export the Software or any
underlying information or technology except in full compliance with all United
States and other applicable laws and regulations.