SiteSculptor End User License Agreement

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SiteSculptor™ End User License Agreement

SITESCULPTOR END USER LICENSE AGREEMENT

Carefully read the following terms and conditions before downloading and/or using this software. Unless you have or are subject to a different license agreement signed by Sculptware LLC, your use of this software indicates your acceptance of this license agreement and warranty.

BY CLICKING ON THE "ACCEPT" BUTTON, OPENING THE PACKAGE, OR DOWNLOADING THE SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "DO NOT ACCEPT" BUTTON, DO NOT OPEN THE PACKAGE, AND DO NOT DOWNLOAD THE SOFTWARE.

GRANT

Sculptware LLC hereby grants you a non-exclusive, non-sublicensable, time restricted license to use its accompanying software product SiteSculptor "The Software", for the purpose of evaluating whether to purchase an ongoing license to the Software. The evaluation period for use by or on behalf of a commercial entity is limited to 45 days; evaluation use by others is not subject to this restriction. However, this software contains code that disables its operation on September 1, 1999 if it has not been registered.

If you fit within the above description, you may: use the Software on any single computer; use the Software on a second computer so long as the first and second computers are not used simultaneously; or copy the Software for archival purposes, provided any copy must contain all of the original Software's proprietary notices. You may not: permit other individuals to use the Software except under the terms listed above; modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), or create derivative works based on the Software; copy the Software (except for back-up purposes); rent, lease, transfer or otherwise transfer rights to the Software; or remove any proprietary notices or labels on the Software.

GOVERNING LAW

This agreement shall be governed by the laws of the Commonwealth of Massachusetts.

TITLE

Title, ownership rights, and intellectual property rights in and to the Software shall remain with Sculptware LLC., Baystate Technologies Inc., Xox Corporation Inc., and/or their suppliers. The Software is protected by the copyright laws of the United States and international copyright treaties. Title, ownership rights, and intellectual property rights in and to the 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 you no rights to such content. In accepting this program you recognize that the program is a trade secret belonging to Sculptware LLC, its suppliers, and/or the applicable content owner and you hereby agree not to disclose any information relating to the program except as set forth in this license agreement.

DISCLAIMER OF WARRANTY

YOU UNDERSTAND THAT THIS SOFTWARE IS EXPERIMENTAL AND THAT SCULPTWARE DOES NOT WARRANT THE PERFORMANCE OF THIS SOFTWARE IN ANYWAY. THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OF MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. BECAUSE OF THE VARIOUS HARDWARE AND SOFTWARE ENVIRONMENTS INTO WHICH THE SOFTWARE MAY BE PUT, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS OFFERED. OWING TO THE EXPERIMENTAL NATURE OF THE SOFTWARE, YOU ARE ADVISED NOT TO RELY EXCLUSIVELY ON THE SOFTWARE FOR ANY REASON.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL SCULPTWARE OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL SCULPTWARE BE LIABLE FOR ANY DAMAGES IN EXCESS OF SCULPWARE'S LIST PRICE FOR A LICENSE TO THE SOFTWARE, EVEN IF SCULPTWARE SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.

TERMINATION

This license will terminate automatically if you fail to comply with the limitations described above. On termination, you must destroy all copies of the Software.

EXPORT CONTROLS

None of the Software or underlying information or technology may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.

MISCELLANEOUS

This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by and construed under Massachusetts law as such law applies to agreements between Massachusetts residents entered into and to be performed within Massachusetts, except as governed by Federal law. U.S. Government Restricted Rights. Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph ©(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, and in similar clauses in the NASA FAR Supplement. Contractor/manufacturer is: Sculptware LLC, PO Box 457, Williamstown, MA 01267 USA.