IMPORTANT: PLEASE READ THIS BEFORE OPENING OR INSTALLING ANY SOFTWARE ON THIS CD!
IMPORTANT: IN THE EVENT THAT ANY OF THE TERMS, CONDITIONS, AND NOTICES CONTAINED HEREIN CONCERNING THE OWNERSHIP OR PROTECTION OF INTELLECTUAL PROPERTY CONFLICT WITH THE TERMS AND CONDITIONS CONTAINED IN ANY THIRD PARTY LICENSE AGREEMENT, THE TERMS AND CONDITIONS CONTAINED IN THE THIRD PARTY LICENSE AGREEMENT SHALL CONTROL.
This License Agreement (Agreement), is entered into between you, the end user (Licensee), and the distributor of this CD-ROM, CD Earth, LLC, a Texas limited liability company (CD Earth). By installing or using the software programs on this CD-ROM (Software) you are granted the license (License) to use the Software in accordance with the terms set forth herein as well as any and all third party license agreements covering, applicable to, or otherwise associated with the Software. Further, by installing and/or using the Software, you acknowledge that you agree, and hereby do agree, to be bound by CD Earth's Terms of Use (as further specified at the following link www.cdearth.com/terms_of_use.html) as well as all other terms and conditions pertaining to the License as set forth below.
I. THIRD PARTY SOFTWARE AND USE.
This CD-ROM contains Software created, copyrighted and/or owned by third party companies. By installing the Software, you have agreed to be bound by the terms and conditions of any and all license agreements, including, without limitation, third party license agreements, that are included with each third-party product on this CD-ROM. IF YOU CHOOSE TO INSTALL AND USE THE SOFTWARE, THEN SUCH USE SHALL BE GOVERNED BY THIS AGREEMENT, AS WELL AS ANY AND ALL THIRD PARTY LICENSE AGREEMENTS OR OTHER AGREEMENTS COVERING, PERTAINING TO, OR OTHERWISE ASSOCIATED WITH SUCH SOFTWARE (TPL AGREEMENTS). CD EARTH IS NOT THE OWNER OF OR OTHERWISE RESPONSIBLE FOR ANY SOFTWARE CONTAINED ON THIS CD-ROM AND SHALL HAVE NO LIABILITY FOR YOUR USE OF THE SOFTWARE. By installing the Software, your indicating that you understand and acknowledge that the Software is licensed, not sold. All Software, programs, help files, code, data, and any and all information associated therewith are and will remain the property of their respective owners and are protected by federal and state intellectual property laws, as well as all other applicable federal and state laws, rules, and regulations. All content and software that is made available to view, use and/or download in connection with this License, excluding content and/or software that may be owned by third parties, is owned exclusively by and is the copyrighted work of CD Earth and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of this Agreement and the TPL Agreements.
II. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY.
CD EARTH AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE SOFTWARE OR THIS CD-ROM FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. CD EARTH AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT
YOU SPECIFICALLY AGREE THAT CD EARTH SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO IN CONNECTION WITH OR THROUGH THE SOFTWARE AND/OR YOUR USE OF SAME. YOU SPECIFICALLY AGREE THAT CD EARTH IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT CD EARTH IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN THE SOFTWARE AND/OR THIS CD-ROM.
IN NO EVENT SHALL CD EARTH AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SOFTWARE, WITH THE DELAY OR INABILITY TO USE THE SOFTWARE OR RELATED PROGRAMS AND/OR SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH CD EARTH, THE SOFTWARE, THIS LICENSE, OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE AND/OR THIS CD-ROM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CD EARTH OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF 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. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SOFTWARE AND/OR THIS LICENSE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SOFTWARE.
CD EARTH MAKES NO WARRANTY THAT ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
III. ACKNOWLEDGMENT.
The Software is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein, as well as any and all TPL Agreements. CD Earth reserves the right to change the terms, conditions, and notices under which the Software and this License is offered. Your continued use of the Software constitutes your agreement to all such changed terms, conditions, and notices. Further, the limited rights granted to you hereunder are subject to any and all TPL Agreements. You acknowledge and agree that your right to use the Software and this License shall at all times remain subject to and contingent upon the continuation of the TPL Agreements. In the event that any of the terms, conditions, and notices contained herein concerning the ownership or protection of intellectual property conflict with the terms and conditions contained in any TPL Agreement, the terms and conditions contained in the TPL Agreement shall control. Further, you agree to keep intact all copyright and other proprietary notices. Violators will be prosecuted to the maximum extent possible. This Agreement may be amended or modified by CD Earth at any time. Licensee continued use of the software constitutes agreement with any changes made herein. Licensee may request a License Agreement any time by sending written correspondence to CD Earth at Help@cdearth.com.
IV. MISCELLANEOUS
This Agreement is governed by the laws of the State of Texas. Use of the Software is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and CD Earth as a result of this Agreement or use of the Software, the License, or the transactions herein contemplated. You agree to indemnify, defend, and hold CD Earth, its parents, subsidiaries, affiliates, officers, attorneys, and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of the Software and/or this License, such obligations to survive the termination of your use of the Software. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement along with the TPL Agreements constitutes the entire agreement between you and CD Earth with respect to the Software, the License, and the transactions herein contemplated, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and CD Earth with respect to the Software and this License. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
CD Earth products referenced herein are either trademarks or registered trademarks of CD Earth. The names of any other actual companies and/or products mentioned herein, in this CD-ROM, or in the Software (including programs) may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
Please check this License Agreement periodically for changes.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to CD Earth at Help@cdearth.com.
Any failure by a party to require strict performance by the other party or any waiver by a party of any breach of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of the same or a different provision of this Agreement. |
