Last Updated Nov 13th 2007
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IMPORTANT - READ CAREFULLY.
This License Agreement (Agreement) is a legal agreement between you (either an individual or a single entity) and DotArrow Inc for the software product identified above which includes computer software and online or electronic documentation and may include associated media and printed materials (SOFTWARE PRODUCT or SOFTWARE). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not install or use the SOFTWARE PRODUCT.
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 Agreement grants you certain limited, non-exclusive rights. DotArrow Inc. reserves all rights not expressly granted to you.
1a. The SOFTWARE PRODUCT consists of server software (SERVER).
1b. Each SERVER must have a license or licenses installed on the SERVER. The total number of SERVERS must not exceed the total number of purchased licenses for your organization.
2. COPYRIGHT.
All rights, title, and copyrights in and to the SOFTWARE PRODUCT (including, but not limited to, any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT) and any copies of the SOFTWARE PRODUCT are owned by DotArrow Inc. or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material. You may not copy the printed materials accompanying the SOFTWARE PRODUCT.
3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
3a. Third Party Code. You acknowledge that SOFTWARE PRODUCT may be distributed alongside or contain certain third party software (“Third Party Software”). ALL USE OF THIRD PARTY SOFTWARE IS SUBJECT TO AND GOVERNED BY (AND You AGREE TO AND WILL INDEMNIFY DotArrow Inc. FOR NONCOMPLIANCE WITH) THE RESPECTIVE LICENSES FOR THE THIRD PARTY SOFTWARE AVAILABLE AT http://www.dotshoppingcart.com/Page/Community/Third%20Party%20Licenses.aspx.
3b. Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
3c. Termination. Without prejudice to any other rights, DotArrow Inc. may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
3d. Distribution. You may not distribute this product, or any portion thereof, or any derived work thereof, to anyone outside your organization. You are not allowed to combine or distribute the Software with other software that is licensed under terms that seek to require that the Software (or any intellectual property in it) be provided in source code form, licensed to others to allow the creation or distribution of derivative works, or distributed without charge.
3e. Patents. If you sue anyone over patents that you think may apply to the Software for a person's use of the Software, your license to the Software ends automatically.
3f. Patent Rights. If any, granted in this license only apply to the Software, not to any derivative works you make.
4. EXPORT RESTRICTIONS.
You agree that neither you nor your customers intend to or will, directly or indirectly, export or transmit (a) the SOFTWARE PRODUCT or related documentation and technical data, or (b) your Application as described in Section 1 of this Agreement (or any part thereof), or process, or service that is the direct product of the SOFTWARE PRODUCT to any country to which such export or transmission is restricted by any applicable U.S. regulation or statute, without the prior written consent, if required, of the Bureau of Export Administration of the U.S. Department of Commerce, or such other governmental entity as may have jurisdiction over such export or transmission.
5. 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 DotArrow Inc., a Delaware corporation.
Miscellaneous
This Agreement is governed by the laws of the State of Washington. Should you have any questions concerning this Agreement, or if you desire to contact DotArrow Inc. for any reason, please access our website at www.dotshoppingcart.com or contact us at sales@dotshoppingcart.com.
NO WARRANTIES. To the maximum extent permitted by applicable law, DotArrow Inc. expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT and any related documentation are provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose. The entire risk arising out of use or performance of the SOFTWARE PRODUCT remains with you.
LIMITATION OF LIABILITY. DotArrow Inc. entire liability and your exclusive remedy under this Agreement shall not exceed five dollars (US $5.00).
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law, in no event shall DotArrow Inc. or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profit, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of, or inability to use, this DotArrow Inc. product, even if DotArrow Inc. has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you
6. Miscellaneous. DotArrow Inc. may use your name and logo in customer listings and website links.