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SOFTWARE LICENSE AGREEMENT
IMPORTANT:
IMPORTANT: PLEASE READ THE LASERCOTTAGE.COM, SOFTWARE LICENSE AGREEMENT AND LASERCOTTAGE.COM SHAREWARE, SOFTWARE
LICENSE AGREEMENT (BOTH BELOW) BEFORE YOU CLICK ON THE "YES" BUTTON. BY CLICKING ON THE "YES"
BUTTON, YOU ARE CONSENTING TO BE BOUND TO THE TERMS AND CONDITIONS STATED BELOW, AND ARE BECOMING A PARTY TO THIS
AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "I Disagree..." option
below this notice.
LASERCOTTAGE.COM SHAREWARE SOFTWARE LICENSE AGREEMENT
1. License.
LASERCOTTAGE.COM grants to the Licensee purchasing this package a non-exclusive, nontransferable license to use
this software ("Software") and its documentation for use under the terms and conditions of this License.
The Licensee owns the diskette(s) or CD-ROM on which the Software is recorded, but LASERCOTTAGE.COM retains title
to the Software and accompanying documentation. This License provides for the use of the Software by a single User
and all Users for which add-on licenses have been purchased. "User" means an individual, or current employees
of the Licensee, if Licensee is a corporation or other business or commercial entity or government agency which
has purchased add-on Licenses. Each authorized User may only use the Software via a connection to the Site's network
on any computer owned by Licensee. A "Site" means (a) a single corporation, business, or commercial entity,
(b) a government agency. The "Site Address" designated by Licensee for the "Site License No."
listed on the Order Form is the address of the Site. Licensee shall promptly notify LASERCOTTAGE.COM if there is
a change of Site Address.
2. Restrictions.
This License allows the Licensee to exercise the rights granted herein and must be retained by Licensee. Licensee
may not rent, lease or otherwise transfer any part of the Software or its accompanying documentation. Licensee
may make a limited number of copies of the Software specified by the number of licensed Users as well as a reasonable
number of back-up copies. The Software contains LASERCOTTAGE.COM's copyrighted material, trade secrets and other
proprietary material. Licensee must reproduce the LASERCOTTAGE.COM's copyright notice and any other proprietary
notices found on the original Software on all copies of the Software. Licensee shall not, without prior written
permission from LASERCOTTAGE.COM, nor permit anyone else, to decompile, reverse engineer, disassemble or otherwise
reduce the Software to a human perceivable form, or to rent, lease, modify, network, distribute, loan, or create
derivative works based upon the Software or its documentation in whole or in part. Any and all information obtained
during such unlawful reverse engineering and/or decompiling activities, including but not limited to, the organization,
logic, algorithms and processes of the Software, shall be deemed to be confidential and proprietary information
of LASERCOTTAGE.COM. Licensee shall not make copies of any documentation accompanying the Software without prior
written permission of LASERCOTTAGE.COM.
This License does not grant Licensee any right to receive enhancements or updates to the Software or accompanying
documentation except those described in the original purchase offer. Enhancements and updates, if available, may
be obtained by Licensee at LASERCOTTAGE.COM 's then-current standard pricing, terms, and conditions. Title, ownership
rights, and intellectual property rights to content accessed through the Software is the property of the applicable
content owner and may be protected by applicable copyright or other law. This License gives Licensee no rights
to such content. LASERCOTTAGE.COM may furnish the Software and On-Line Help to Licensee electronically or on media
in machine-readable object code form.
3. Technical Support.
For individual Licenses an unlimited period commencing with the date of LASERCOTTAGE.COM 's receipt of registration
("Registration") of this License ("the Support Start Date"), Licensee will have access to technical
support via electronic mail (EMAIL) during published business hours. Upgrades to the Software and its documentation,
if any, are not included except as described in the original purchase offer and may be sold separately.
4. Limited Warranty of Diskettes and CD-ROM.
If LASERCOTTAGE.COM provides the Software on diskettes or CD-ROM, it will warrant the Software diskettes or CD-ROM
to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the
date of purchase. LASERCOTTAGE.COM's entire liability and Licensee's exclusive remedy will be limited to replacement
of the defective diskettes upon return to the place of purchase within the warranty period. LASERCOTTAGE.COM will
not be responsible for replacement of any diskette damaged by accident, abuse or misapplication. ALL IMPLIED WARRANTIES
ON THE SOFTWARE DISKETTES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF PURCHASE AND/OR REGISTRATION.
5. Disclaimer of Warranty.
Licensee acknowledges and agrees that the use of the Software and all accompanying documentation is at Licensee's
sole risk. The Software and documentation are provided "AS IS" and without warranty of any kind. TO THE
MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, THE STATED WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, WRITTEN
OR ORAL, STATUTORY, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION THERETO, THE WARRANTY OF MERCHANTABILITY,
THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT. LASERCOTTAGE.COM DOES NOT WARRANT THAT
THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE
WILL BE FREE OF ERRORS. LASERCOTTAGE.COM SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY
NATURE OR FOR ANY REASON, OR FOR COMMERCIAL LOSSES OF ANY CAUSE, WHETHER OR NOT LASERCOTTAGE.COM HAS RECEIVED NOTICE
OF THE POSSIBILITY OR CERTAINTY OF SUCH DAMAGES OR LOSSES. CONSEQUENTIAL DAMAGES INCLUDE ANY LOSS OF INFORMATION,
DAMAGE TO COMPUTER OR MONITOR, LOSS OF PROFITS, BUSINESS INTERRUPTIONS AND ANY OTHER MONETARY LOSS.
6. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL LASERCOTTAGE.COM
AND ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
(INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE)
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR ITS DOCUMENTATION, EVEN IF LASERCOTTAGE.COM OR ITS
AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall LASERCOTTAGE.COM's
total liability to Licensee for all damages, losses, and causes of action (whether in contract, tort, including
negligence, or otherwise) exceed the amount paid by Licensee for the Software and its documentation.
7. No Waiver or Assignment.
This License may not be assigned, sublicensed or otherwise transferred by the Licensee, by operation of law or
otherwise, without LASERCOTTAGE.COM's prior written consent.
8. U.S. Government Restricted Rights.
The Software and its documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the
Government is subject to restriction 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.
9. Export Controls.
Licensee may not download or export the Software or its technology except in full compliance with all United States
regulations and laws. The Software or technology may not be downloaded or exported to a national or resident from
Cuba, Haiti, Iran, Iraq, Libya, North Korea, Syria, Yugoslavia, or any other country subject to a United States
embargo.
10. Termination.
This agreement may be terminated immediately by either party in the event of default by the other party. If this
Agreement is terminated, Licensee will immediately discontinue use of the Software and shall return all copies
of the Software and its documentation to LASERCOTTAGE.COM within fourteen (14) days. Licensee may also terminate
this Agreement at any time by destroying all copies of the Software and its documentation. Licensee's obligations
to pay the agreed upon charges and fees will survive the termination of this Agreement.
11. General.
This Agreement represents the only statement of the terms relative to this license between the parties and supersedes
any previous agreements or representations. This Agreement may only be amended in writing, and must be executed
by both parties. LASERCOTTAGE.COM IS NOT BOUND BY ANY PROVISION OF ANY PURCHASE ORDER, RECEIPT, ACCEPTANCE, CONFIRMATION,
CORRESPONDENCE, OR OTHERWISE UNLESS LASERCOTTAGE.COM SPECIFICALLY AGREES TO THE PROVISION IN WRITING. If any section
of this Agreement is held to be unenforceable for any reason, the section shall be reformed only to the extent
necessary to make it enforceable. This Agreement shall be governed by United States and Arizona law.
LASERCOTTAGE.COM SHAREWARE SOFTWARE LICENSE AGREEMENT
1. License.
LASERCOTTAGE.COM subject to the conditions contained herein, grants you ("LICENSEE") a non-exclusive
license to use this proprietary software product ("Software") free of charge on a trial basis for thirty
(30) days in order to evaluate whether to purchase a licensed copy of the Software.
2. Restrictions.
This License allows the Licensee to exercise the rights granted herein and must be retained by Licensee. Licensee
may not rent, lease or otherwise transfer any part of the Software or its accompanying documentation. Licensee
may make a limited number of copies of the Software specified by the number of licensed Users as well as a reasonable
number of back-up copies. The Software contains LASERCOTTAGE.COM's copyrighted material, trade secrets and other
proprietary material. Licensee must reproduce the LASERCOTTAGE.COM copyright notice and any other proprietary notices
found on the original Software on all copies of the Software. Licensee shall not, without prior written permission
from LASERCOTTAGE.COM, nor permit anyone else, to decompile, reverse engineer, disassemble or otherwise reduce
the Software to a human perceivable form, or to rent, lease, modify, network, distribute, loan, or create derivative
works based upon the Software or its documentation in whole or in part. Any and all information
obtained during such unlawful reverse engineering and/or decompiling activities, including but not limited to,
the organization, logic, algorithms and processes of the Software, shall be deemed to be confidential and proprietary
information of LASERCOTTAGE.COM. Licensee shall not make copies of any documentation accompanying the Software
without prior written permission of LASERCOTTAGE.COM.
This License does not grant Licensee any right to receive enhancements or updates to the Software or accompanying
documentation except those described in the original purchase offer. Enhancements and updates, if available, may
be obtained by Licensee at LASERCOTTAGE.COM's then-current standard pricing, terms, and conditions. Title, ownership
rights, and intellectual property rights to content accessed through the Software is the property of the applicable
content owner and may be protected by applicable copyright or other law. This License gives Licensee no rights
to such content. LASERCOTTAGE.COM may furnish the Software and On-Line Help to Licensee electronically or on media
in machine-readable object code form.
3. Technical Support.
For individual Licenses an unlimited period commencing with the date of LASERCOTTAGE.COM 's receipt of registration
("Registration") of this License ("the Support Start Date"), Licensee will have access to technical
support via electronic mail (EMAIL) during published business hours. Upgrades to the Software and its documentation,
if any, are not included except as described in the original purchase offer and may be sold separately.
4. Limited Warranty of Diskettes and CD-ROM.
If LASERCOTTAGE.COM provides the Software on diskettes or CD-ROM, it will warrant the Software diskettes or CD-ROM
to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the
date of purchase. LASERCOTTAGE.COM's entire liability and Licensee's exclusive remedy will be limited to replacement
of the defective diskettes upon return to the place of purchase within the warranty period. LASERCOTTAGE.COM will
not be responsible for replacement of any diskette damaged by accident, abuse or misapplication. ALL IMPLIED WARRANTIES
ON THE SOFTWARE DISKETTES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF PURCHASE.
5. Disclaimer of Warranty.
Licensee acknowledges and agrees that the use of the Software and all accompanying documentation is at Licensee's
sole risk. The Software and documentation are provided "AS IS" and without warranty of any kind. TO THE
MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, THE STATED WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, WRITTEN
OR ORAL, STATUTORY, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION THERETO, THE WARRANTY OF MERCHANTABILITY,
THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT. LASERCOTTAGE.COM DOES NOT WARRANT THAT
THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE
WILL BE FREE OF ERRORS. LASERCOTTAGE.COM SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY
NATURE OR FOR ANY REASON, OR FOR COMMERCIAL LOSSES OF ANY CAUSE, WHETHER OR NOT LASERCOTTAGE.COM HAS RECEIVED NOTICE
OF THE POSSIBILITY OR CERTAINTY OF SUCH DAMAGES OR LOSSES. CONSEQUENTIAL DAMAGES INCLUDE ANY LOSS OF INFORMATION,
DAMAGE TO COMPUTER OR MONITOR, LOSS OF PROFITS, BUSINESS INTERRUPTIONS AND ANY OTHER MONETARY LOSS.
6. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL LASERCOTTAGE.COM
AND ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
(INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE)
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR ITS DOCUMENTATION, EVEN IF LASERCOTTAGE.COM OR ITS
AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall LASERCOTTAGE.COM's
total liability to Licensee for all damages, losses, and causes of action (whether in contract, tort, including
negligence, or otherwise) exceed the amount paid by Licensee for the Software and its documentation.
7. No Waiver or Assignment.
This License may not be assigned, sublicensed or otherwise transferred by the Licensee, by operation of law or
otherwise, without LASERCOTTAGE.COM's prior written consent.
8. U.S. Government Restricted Rights:
The Software and its documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the
Government is subject to restriction 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.
9. Export Controls.
Licensee may not download or export the Software or its technology except in full compliance with all United States
regulations and laws. The Software or technology may not be downloaded or exported to a national or resident from
Cuba, Haiti, Iran, Iraq, Libya, North Korea, Syria, Yugoslavia, or any other country subject to a United States
embargo.
10. Termination.
This agreement may be terminated immediately by either party in the event of default by the other party. If this
Agreement is terminated, Licensee will immediately discontinue use of the Software and shall return all copies
of the Software and its documentation to LASERCOTTAGE.COM within fourteen (14) days. Licensee may also terminate
this Agreement at any time by destroying all copies of the Software and its documentation. Licensee's obligations
to pay the agreed upon charges and fees will survive the termination of this Agreement. In ANY event of Termination,
there can be NO REFUND OF ANY PURCHASE AMOUNT ONCE THE SOFTWARE HAS BEEN REGISTERED AND THE UNLOCKING SOFTWARE
KEY HAS BEEN SUPPLIED TO THE LICENSEE.
11. General.
This Agreement represents the only statement of the terms relative to this license between the parties and supersedes
any previous agreements or representations. This Agreement may only be amended in writing, and must be executed
by both parties. LASERCOTTAGE.COM IS NOT BOUND BY ANY PROVISION OF ANY PURCHASE ORDER, RECEIPT, ACCEPTANCE, CONFIRMATION,
CORRESPONDENCE, OR OTHERWISE UNLESS LASERCOTTAGE.COM SPECIFICALLY AGREES TO THE PROVISION IN WRITING. If any section
of this Agreement is held to be unenforceable for any reason, the section shall be reformed only to the extent
necessary to make it enforceable. This Agreement shall be governed by United States and Arizona law.
Friday May 7th, 2010
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The
conditions for use and Purchase
