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SPIFFYWARE LICENSE AGREEMENT
This is a legal agreement between you (either an individual or an entity) and
SpiffyWare ("SpiffyWare"). By installing the enclosed software, you are
agreeing to be bound by the terms of this Agreement. If you do not agree to the
terms of this Agreement, promptly return the software and the accompanying
items (including written materials and binders or other containers) to the
place you obtained them for a full refund. If you need to return the software,
you must prepay shipping and either insure the package or assume all risk of
loss or damage in transit.
SPIFFYWARE LICENSE
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GRANT OF LICENSE TO USE. The SpiffyWare product that
accompanies this license is referred to herein as "SOFTWARE." Unless otherwise
specified, SpiffyWare grants to you as an individual, a non-exclusive license
for personal and non-commercial use, except in the case of REDISTRIBUTABLE
COMPONENTS, whereby SpiffyWare grants you the right to make and use the
SOFTWARE for the sole purpose of designing, developing, and testing your
software product(s). SpiffyWare grants to you the limited right to use only one
copy of the Software on a single computer in the manner set forth in this
agreement. If you are an entity, SpiffyWare grants you the right to designate
one individual within your organization to have the right to use the SOFTWARE
in the manner provided above. SpiffyWare reserves all rights not expressly
granted.
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SUBSCRIPTION UPDATES. Upon receipt of future subscription
updates of the SOFTWARE (an "UPDATE"), you may use or transfer the UPDATE only
in conjunction with your then-existing SOFTWARE. The SOFTWARE and all UPDATES
are licensed as a single product, and the UPDATES may not be separated from the
SOFTWARE for use by more than one user at any time.
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COPYRIGHT. The SOFTWARE is owned by SpiffyWare or its
suppliers and is protected by United States copyright laws and international
treaty provisions. Therefore, you must treat the SOFTWARE like any other
copyrighted material (e.g., a book or musical recording). You may not use or
copy the SOFTWARE or any accompanying written materials for any purposes other
than what is described in this Agreement.
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OTHER RESTRICTIONS. You may not rent or lease the SOFTWARE,
but you may transfer the SOFTWARE and accompanying written materials on a
permanent basis, provided you retain no copies and the recipient agrees to the
terms of this Agreement. You may not reverse-engineer, decompile, or
disassemble the SOFTWARE except to the extent such foregoing restriction is
expressly prohibited by applicable law.
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SAMPLE CODE. The location of Sample Code is specifically
identified in the LICENSE.TXT text file in the installation folder for this
product. In addition to the rights granted in section 1, SpiffyWare grants you
the right to use and modify the source code version of the included Sample Code
for the sole purpose of designing, developing, and testing your software
products, and to reproduce the sample code, along with any modifications
thereof, only in object-code form, provided that you comply with Section 7.
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REDISTRIBUTABLE CODE. In addition to the rights granted in
Section 1, SpiffyWare grants you additional rights to the SOFTWARE designated
as "Redistributable Code". The Redistributable Code files, if any, and the
rights associated with each of them, subject to Section 7, are identified in
the FILES.TXT text file in the installation folder for this product.
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DISTRIBUTION REQUIREMENTS. You are authorized to redistribute
the Sample Code and/or Redistributable Code, (collectively "REDISTRIBUTABLE
COMPONENTS") as described in Sections 5 and 6 above, only if you (a) distribute
them in conjunction with and as part of your software product that adds primary
and significant functionality to the REDISTRIBUTABLE COMPONENTS ; (b) do not
permit further redistribution of the REDISTRIBUTABLE COMPONENTS by your
end-user customers ; (c) do not use SpiffyWares name, logo, or trademarks to
market your software application product ; (d) include a valid copyright notice
on your software product ; (e) include SpiffyWares copyright notice near every
occurrence of your own copyright notice on the product ; and (f) agree to
indemnify, hold harmless, and defend SpiffyWare from and against any claims or
lawsuits, including attorneys fees, that arise or result from the use or
distribution of your software product. SpiffyWare reserves all rights not
expressly granted. The license in this section to distribute REDISTRIBUTABLE
COMPONENTS is royalty-free, provided that you do not make any modifications to
any of the REDISTRIBUTABLE COMPONENTS. Contact SpiffyWare for the applicable
royalties due and other licensing terms for all other uses and/or distribution
of the REDISTRIBUTABLE COMPONENTS.
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EXPORT RESTRICTIONS. You agree that neither you nor your
customers intend to or will, directly or indirectly, export or transmit (a) the
SOFTWARE or related documentation and technical data or (b) your software
products as described in Section 7 of this Agreement (or any part thereof), or
any process or service that is the direct product of the SOFTWARE 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.
LIMITED WARRANTY
NO WARRANTIES. SpiffyWare expressly disclaims any warranty for
the SOFTWARE. The SOFTWARE and any related documentation is provided "as is"
without warranty of any kind, either express or implied, including, without
limitation, the implied warranties or merchantability or fitness for a
particular purpose. The entire risk arising out of use or performance of the
SOFTWARE remains with you.
CUSTOMER REMEDIES. SpiffyWare's entire liability and your
exclusive remedy shall not exceed the price paid for the SOFTWARE.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. In no event shall
SpiffyWare or its suppliers be liable for any damages whatsoever (including,
without limitation, damages for loss of business profits, business
interruptions, loss of business information, or any other pecuniary loss)
arising out of the use or inability to use this SpiffyWare product, even if
SpiffyWare 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.
This Agreement is governed by the laws of the State of Washington.
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