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SOFTWARE LICENSE AGREEMENT
Please read this entire agreement. If you do not agree to the terms of
this agreement, you are not granted license to use this software.
LICENSE:
* This Limited Use Software License Agreement (the "Agreement") is a
legal agreement between you ("Licensee"), the end-user, and Cardboard
Nu.
By using this software or storing this program on a computer hard drive
(or other media), you are agreeing to be bound by the terms of this
Agreement.
If you do not agree to the terms of this Agreement, and you have
registered this software, you may delete the software from all storage
media and receive a full refund from the vendor.
* You may install this program to test and evaluate if it suits your
needs and you wish to purchase it. The evaluation period is limited to
thirty calendar days. At the end of the evaluation period you must
either register this software or delete the software from all storage
media.
* This software is distributed as an installable package. This
installable package may be distributed freely on online services,
bulletin boards, or other electronic media as long as the installable
package is distributed without modification. This installable package
may not be distributed on CD-ROM, disk, or other physical media for a
fee without the permission of Cardboard Nu.
You may not distribute any program or data file that the installable
package creates.
* You may not alter this software in any way, including changing or
removing any messages or windows.
* You may not decompile, reverse engineer, disassemble or otherwise
reduce this software to a human perceivable form. You may not modify,
rent or resell for profit this software, or create derivative works
based upon this software.
You may not publicize or distribute any registration code algorithms,
information, or registration codes used by this software without
permission of Cardboard Nu.
COPYRIGHT:
* Cardboard Schedule is Copyright Cardboard Nu. You must treat the
Software like any other copyrighted material.
=========================================
THE SOFTWARE IS PROVIDED TO LICENSEE "AS IS". ALL EXPRESS OR IMPLIED
CONDITIONS, REPRESENTATIONS, AND WARRANTIES, INCLUDING ANY IMPLIED
WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE
EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
THIS SOFTWARE IS NOT FAULT TOLERANT AND SHOULD NOT BE USED IN ANY
ENVIRONMENT WHICH REQUIRES THIS, SUCH AS ON-LINE CONTROL OF AIRCRAFT.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, CARDBOARD NU'S
AGGREGATE LIABILITY TO LICENSEE OR TO ANY THIRD PARTY FOR CLAIMS
RELATING TO THIS AGREEMENT, WHETHER FOR BREACH OR IN TORT, WILL BE
LIMITED TO THE FEES PAID BY LICENSEE FOR SOFTWARE WHICH IS THE SUBJECT
MATTER OF THE CLAIMS. IN NO EVENT WILL CARDBOARD NU BE LIABLE FOR ANY
INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE IN
CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT (INCLUDING LOSS OF
BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE),
HOWEVER IT ARISES, WHETHER FOR BREACH OR IN TORT, EVEN IF CARDBOARD NU
HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
LIABILITY FOR DAMAGES WILL BE LIMITED AND EXCLUDED, EVEN IF ANY
EXCLUSIVE REMEDY PROVIDED FOR IN THIS AGREEMENT FAILS OF ITS ESSENTIAL
PURPOSE.
ADDITIONAL LICENSE CONDITIONS:
This software includes the Java Foundation Classes library from Sun
Microsystems, Inc (“Sun”). Sun requires that the terms contained in the
following paragraphs, numbered 1, 2, 3, 4, 5, 6 and 7 be included in
the terms of the Agreement between Licensee and Cardboard Nu. For the
purposes of these paragraphs, “Software” refers to the Java Foundation
Classes version 1.1 Binary.
1. Restrictions. Software is confidential copyrighted information of
Sun and title to all copies is retained by Sun and/or its licensors.
Licensee shall not decompile, disassemble, decrypt, extract, or
otherwise reverse engineer Software. Software may not be leased,
assigned, or sublicensed, in whole or in part. Software is not designed
or intended for use in on-line control of aircraft, air traffic,
aircraft navigation or aircraft communications; or in the design,
construction, operation or maintenance of any nuclear facility.
Licensee warrants that it will not use or redistribute the Software for
such purposes.
2. Trademarks and Logos. This Agreement does not authorize Licensee to
use any Sun name, trademark or logo. Licensee acknowledges that Sun
owns the Java trademark and all Java-related trademarks, logos and
icons including the Coffee Cup and Duke ("Java Marks") and agrees to:
(i) comply with the Java Trademark Guidelines at
http://java.sun.com/trademarks.html; (ii) not do anything harmful to or
inconsistent with Sun's rights in the Java Marks; and (iii) assist Sun
in protecting those rights, including assigning to Sun any rights
acquired by Licensee in any Java Mark.
3. Disclaimer of Warranty. Software is provided "AS IS," without a
warranty of any kind. ALL EXPRESS OR IMPLIED REPRESENTATIONS AND
WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED.
4. Limitation of Liability. SUN AND ITS LICENSORS SHALL NOT BE LIABLE
FOR ANY DAMAGES SUFFERED BY LICENSEE OR ANY THIRD PARTY AS A RESULT OF
USING OR DISTRIBUTING SOFTWARE. IN NO EVENT WILL SUN OR ITS LICENSORS
BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT,
INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES,
HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT
OF THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5. Termination. Licensee may terminate this Agreement at any time by
destroying all copies of Software. This Agreement will terminate
immediately without notice from Sun if Licensee fails to comply with
any provision of this Agreement. Upon such termination, Licensee must
destroy all copies of Software in its possession.
6. Export Regulations. Software, including technical data, is subject
to U.S. export control laws, including the U.S. Export Administration
Act and its associated regulations, and may be subject to export or
import regulations in other countries. Licensee agrees to comply
strictly with all such regulations and acknowledges that it has the
responsibility to obtain licenses to export, re-export, or import
Software. Software may not be downloaded, or otherwise exported or re-
exported (i) into, or to a national or resident of, Cuba, Iraq, Iran,
North Korea, Libya, Sudan, Syria or any country to which the U.S. has
embargoed goods; or (ii) to anyone on the U.S. Treasury Department's
list of Specially Designated Nations or the U.S. Commerce Department's
Table of Denial Orders.
7. Restricted Rights. Use, duplication or disclosure by the United
States government is subject to the restrictions as set forth in the
Rights in Technical Data and Computer Software Clauses in DFARS
252.227-7013(c) (1) (ii) and FAR 52.227-19(c) (2) as applicable.
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