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END-USER LICENSE AGREEMENT FOR
CROSSEYES®
You should carefully read the following terms and
conditions before using this software. Unless you
have a different license agreement signed by Levit &
James, Inc. ("L&J") your use, distribution, or
installation of this copy of CrossEyes indicates your
acceptance of this License.
This L&J End-User License Agreement ("EULA") is a
legal agreement between you (either an individual or a
single entity) and Levit & James, Inc. for the L&J
software product identified above, which includes
computer software and may include associated media,
printed materials, and "online" or electronic
documentation ("SOFTWARE PRODUCT"). The
SOFTWARE PRODUCT also includes any updates
and supplements to the original SOFTWARE
PRODUCT provided to you by L&J. If you do not
agree to the terms of this EULA, then do not install,
distribute, or use the SOFTWARE PRODUCT –
however, if you paid L&J or an authorized L&J
distributor for this copy individually, you may return it
unused, within thirty (30) days after purchase, for a full
refund of your payment.
The SOFTWARE PRODUCT is protected by copyright
laws and international copyright treaties, as well as
other intellectual property laws and treaties. The
SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE. This EULA grants you the
following rights:
* INSTALLATION AND USE: You may install and use
the SOFTWARE PRODUCT on a single computer. If
you have purchased a licensed copy, your right to use
it will continue in perpetuity, unless otherwise
terminated as provided for in this EULA.. If you have
acquired a copy for demonstration or evaluation
purposes, your right to use will terminate 30 days from
initial installation, or on the internal expiration date of
the SOFTWARE PRODUCT, whichever comes first,
unless otherwise terminated as provided for in this
EULA.
* STORAGE AND NETWORK DEVICES. You may
also store a copy of the SOFTWARE PRODUCT on a
storage device, such as a network server, used only to
install or run the SOFTWARE PRODUCT on your
other COMPUTERS over an internal network;
however, you must acquire and dedicate a license for
each separate COMPUTER on which the SOFTWARE
PRODUCT is installed, used, or run. A single license
for the SOFTWARE PRODUCT may not be shared or
used on different COMPUTERS, regardless of
whether they use the SOFTWARE PRODUCT at
different times or concurrently. If you receive multiple
copies of the SOFTWARE PRODUCT, or updates
thereto, whether on media or via electronic transfer,
you may not install or use them on separate
computers unless you acquire and dedicate a license
for each separate COMPUTER.
* BACKUP COPY. After installation of one copy of the
SOFTWARE PRODUCT pursuant to this EULA, you
may keep the original media on which the
SOFTWARE PRODUCT was provided by L&J solely
for backup or archival purposes. Except as expressly
provided in this EULA, you may not otherwise make
copies of the SOFTWARE PRODUCT or the printed
materials accompanying the SOFTWARE PRODUCT.
* TRANSFER. You may transfer the SOFTWARE
PRODUCT from one computer to another, provided
that: you own, rent or lease both computers; you
remove the SOFTWARE PRODUCT and any links to
the SOFTWARE PRODUCT from one computer
before installing or running it on the second computer;
and you do not transfer a single license more than four
times in any twelve-month period.
2. DESCRIPTION OF OTHER RIGHTS AND
LIMITATIONS.
* PROHIBITION ON REVERSE ENGINEERING. You
may not decompile, reverse engineer, disassemble,
decrypt, or otherwise reduce the SOFTWARE
PRODUCT to a human-perceivable form.
* COMPLIANCE WITH REGISTRATION AND
LICENSING. You may not modify, replace or attempt
to defeat any feature of the SOFTWARE PRODUCT
related to the registration, storage, verification, or
display, of license, serial number, expiration date or
similar information, except as explicitly provided by
L&J (for example, through an authorized registration
procedure.) Furthermore, you may not install
demonstration or evaluation copies of the
SOFTWARE PRODUCT for use by any individual for
more than two 30-day demonstration periods, and
agree not to provide L&J with multiple or fraudulent
registration information with the intent of concealing
the identity of such a user.
* LIMITATIONS ON USE. You may not modify, rent,
resell for profit, distribute, lend or create derivative
works based upon the SOFTWARE PRODUCT or any
part thereof, EXCEPT that you may request
permission from L&J to make and modify copies of the
documentation and help files for internal use within
your organization, for use in conjunction with the
SOFTWARE PRODUCT only. You may not sell, rent,
lease, sublicense, lend or transfer any versions or
copies of SOFTWARE PRODUCT you do not use.
3. OWNERSHIP
Although you own any disk on which the SOFTWARE
PRODUCT is recorded, you do not become the owner
of, and L&J and its suppliers retain title to, the
SOFTWARE PRODUCT and all copies thereof. All
rights not specifically granted in this Agreement, are
reserved by Levit & James, Inc. and its suppliers.
4. COPYRIGHT AND TRADEMARKS. All title and
intellectual property rights in and to the SOFTWARE
PRODUCT, the accompanying printed materials, and
any copies of the SOFTWARE PRODUCT are owned
by L&J or its suppliers. and are protected by United
States copyright laws and international treaty
provisions. Therefore, you must treat the SOFTWARE
PRODUCT like any other copyrighted material (e.g. a
book or musical recording) except that you may make
copies of the Software as provided in this EULA. You
may not remove any proprietary notices or labels in or
on the SOFTWARE PRODUCT.
This EULA does not grant you any rights in connection
with any trademarks or service marks of L&J.
5. SUPPORT SERVICES AND UPDATES. L&J may
provide you with support, update or subscription
services related to the SOFTWARE PRODUCT
("Support Services"). Any supplemental software
code provided to you as part of the Support Services
shall be considered part of the SOFTWARE
PRODUCT and subject to the terms and conditions of
this EULA, unless other license terms are provided
with the update.
If the SOFTWARE PRODUCT is an Update to a
previous version of the SOFTWARE PRODUCT, you
must possess a valid license to such previous version
in order to use the Update. You may continue to use
the previous version of the SOFTWARE PRODUCT
on your computer after you receive the Update, to
assist you in the transition to the Update, provided that
the Update and the previous version are installed on
the same computer. You acknowledge that any
obligation L&J may have to support the previous
version of the SOFTWARE PRODUCT may be ended
upon availability of the Update.
6. USE AND CONFIDENTIALITY OF CUSTOMER
INFORMATION. With respect to technical information
you provide to L&J as part of the Support Services,
L&J may use such information for its business
purposes, including for product support and
development. L&J will not utilize such technical
information in a form that personally identifies you,
without your express permission.
* IF YOU NEED TO PROVIDE HIGHLY
CONFIDENTIAL INFORMATION TO L&J, for
purposes of obtaining technical support (for example,
if you are a law firm, and need troubleshooting
assistance with respect to a specific confidential
document) then you should arrange a separate,
suitable confidentiality agreement with L&J before
providing such material.
7. TERMINATION. Without prejudice to any other
rights: L&J may terminate this EULA if you fail to
comply with the terms and conditions of this EULA.
L&J may terminate this EULA upon 15 days notice, if it
has not been paid in full for the license(s), and if any
amount remains unpaid at the end of such 15-day
period. L&J may, at its sole option, terminate any
NFR, demonstration, or evaluation license at any time.
In the event of such termination, you agree to destroy
all copies of the SOFTWARE PRODUCT and all of its
component parts, and you agree to provide us written
certification of such destruction upon our request.
8. U.S. GOVERNMENT RESTRICTED RIGHTS. The
SOFTWARE PRODUCT and documentation are
provided with RESTRICTED RIGHTS. Use,
duplication, or disclosure by the Government is
subject to restrictions as set forth in subparagraph
(c)(1)(ii) of the Rights in Technical Data and Computer
Software clause at DFARS 252.227-7013 or
subparagraphs (c)(1) and (2) of the Commercial
Computer Software-Restricted Rights at 48 CFR
52.227-19, as applicable. Manufacturer is Levit &
James, Inc./PO Box 2503/Leesburg, VA 20177.
9. EXPORT RESTRICTIONS. You agree that you will
not export or re-export the SOFTWARE PRODUCT to
any country, person, entity or end user subject to U.S.
export restrictions. You specifically agree not to
export or re-export the SOFTWARE PRODUCT: to
any country to which the U.S. has embargoed or
restricted the export of goods or services.
10. MISCELLANEOUS
* COMPLETE AGREEMENT. This Agreement is the
complete statement of the Agreement between the
parties on the subject matter, and merges and
supersedes all other or prior representations,
advertisements, understandings, purchase orders,
agreements and arrangements, OTHER THAN: any
separate document, which has been signed by an
authorized officer of L&J, and which states explicitly
that it modifies or supercedes the EULA provided with
the SOFTWARE PRODUCT.
* SEVERABILITY. If any provision of this Agreement,
including the breadth or scope of such provision is
held by any court of competent jurisdiction to be
invalid or unenforceable, in whole or in part, such
invalidity or unenforceability will not affect the validity
or enforceability of the remaining provisions of this
Agreement and such remaining provisions will remain
enforceable and binding.
* GOVERNING LAW. This EULA shall governed by
the laws of the Commonwealth of Virginia. Exclusive
jurisdiction and venue for all matters relating to this
Agreement shall be in courts and fora located in the
Commonwealth of Virginia, and you consent to such
jurisdiction and venue.
* COMPLIANCE WITH LICENSES. If you are a
business or organization, you agree that upon request
from L&J or L&J`s authorized representative, you will
within thirty (30) days fully document and certify that
use of any and all L&J Software at the time of the
request is in conformity with your valid licenses from
L&J.
QUESTIONS. Should you have any questions
concerning this EULA, or if you desire to contact L&J
for any reason, please contact L&J, or write to: Levit
& James, Inc. PO Box 2503, Leesburg, VA 20177.
11. LIMITED WARRANTY
L&J warrants that (a) the SOFTWARE PRODUCT will
perform substantially in accordance with the
accompanying written materials for a period of ninety
(90) days from the date of receipt, and (b) any Support
Services provided by L&J shall be substantially as
described in applicable written materials provided to
you by L&J, and L&J support engineers will make
commercially reasonable efforts to solve any problem.
To the extent allowed by applicable law, implied
warranties on the SOFTWARE PRODUCT, if any, are
limited to ninety (90) days. Some states/jurisdictions
do not allow limitations on duration of an implied
warranty, so the above limitation may not apply to you.
CUSTOMER REMEDIES. L&J`s and its suppliers`
entire liability and your exclusive remedy shall be, at
L&J`s option, either (a) return of the price paid, if any,
or (b) repair or replacement of the SOFTWARE
PRODUCT that does not meet L&J`s Limited Warranty
and that is returned to L&J with a copy of your receipt.
This Limited Warranty is void if failure of the
SOFTWARE PRODUCT has resulted from accident,
abuse, or misapplication, or from failure of
COMPUTER hardware and software other than
SOFTWARE PRODUCT to comply with minimum
requirements or version certification as stated in
SOFTWARE PRODUCT documentation. L&J is not
responsible for problems caused by changes in the
operating characteristics of computer hardware or
computer operating systems which are made after the
release of the SOFTWARE PRODUCT nor for
problems in the interaction of the SOFTWARE
PRODUCT with other software other than that which is
specifically certified in SOFTWARE PRODUCT
documentation. Any replacement SOFTWARE
PRODUCT will be warranted for the remainder of the
original warranty period or thirty (30) days, whichever
is longer. Outside the United States, neither these
remedies nor any product support services offered by
L&J are available without proof of purchase from an
authorized international source.
NO OTHER WARRANTIES. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, L&J
AND ITS SUPPLIERS DISCLAIM ALL OTHER
WARRANTIES AND CONDITIONS, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OR
CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON-
INFRINGEMENT, WITH REGARD TO THE
SOFTWARE PRODUCT, AND THE PROVISION OF
OR FAILURE TO PROVIDE SUPPORT SERVICES.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC
LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH
VARY FROM STATE/JURISDICTION TO
STATE/JURISDICTION.
LIMITATION OF LIABILITY. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL L&J OR ITS SUPPLIERS BE LIABLE
FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR
CONSEQUENTIAL DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS
INFORMATION, OR ANY OTHER PECUNIARY
LOSS) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SOFTWARE PRODUCT OR
THE FAILURE TO PROVIDE SUPPORT SERVICES,
EVEN IF L&J HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN ANY CASE,
L&J`S ENTIRE LIABILITY UNDER ANY PROVISION
OF THIS EULA SHALL BE LIMITED TO THE
GREATER OF THE AMOUNT ACTUALLY PAID BY
YOU FOR THE SOFTWARE PRODUCT OR
U.S.$5.00; PROVIDED, HOWEVER, IF YOU HAVE
ENTERED INTO A L&J SUPPORT SERVICES
AGREEMENT, L&J`S ENTIRE LIABILITY
REGARDING SUPPORT SERVICES SHALL BE
GOVERNED BY THE TERMS OF THAT
AGREEMENT. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU.