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Copyright © 2004-2005, Vivato, Inc.
THIS END USER LICENSE ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU AS "END USER"
(AS EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AND VIVATO, INC. ("VIVATO") REGARDING
VIVATO PRODUCT ("PRODUCT") AND SOFTWARE ("SOFTWARE"). SOFTWARE INCLUDES ALL
SOFTWARE, ASSOCIATED MEDIA, ANY PRINTED MATERIALS, AND ANY "ONLINE" OR
ELECTRONIC DOCUMENTS. BY INSTALLING, USING OR DOWNLOADING VIVATO SUPPLIED
PRODUCT OR SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY THIS LICENSE. IF YOU DO
NOT AGREE TO ALL OF THE TERMS OF THIS LICENSE, THEN VIVATO IS UNWILLING TO LICENSE
THIS PRODUCT AND SOFTWARE TO YOU. IN SUCH EVENT: (A) DO NOT INSTALL, USE OR
DOWNLOAD THE VIVATO SUPPLIED PRODUCT OR SOFTWARE, AND (B) YOU MAY RETURN THE
VIVATO SUPPLIED PRODUCT OR SOFTWARE FOR A FULL REFUND. YOUR RIGHT TO RETURN
AND REFUND EXPIRES 30 DAYS AFTER PURCHASE FROM VIVATO OR AN AUTHORIZED VIVATO
RESELLER, AND THIS RIGHT APPLIES ONLY IF YOU ARE THE ORIGINAL PURCHASER.
The following terms govern your use of the Product or Software except to the extent a particular
Product or Software: (a) is the subject of a separate written agreement signed by both an
authorized representative of Vivato and End User ("Written Agreement"), (b) includes separate
“click-on” license agreement as a part of the installation and/or download process ("Click-On
Agreement"), or (c) separate terms are provided by Vivato for particular Product or Software
("Separate Terms"). To the extent of a conflict between the provisions of the foregoing documents,
the order of precedence shall be (1) the Written Agreement, (2) the Click-On Agreement, (3) the
Separate Terms, and (4) this End User License.
1.
License
. End User is granted a limited, nonexclusive and nontransferable license to use the
Product (including the object code version of the Software) solely for its own internal business
operations in accordance with the accompanying documentation. Except as expressly permitted
by such license, End User shall not use, reproduce, make, have made, import, offer for sale, sell,
modify, adapt, rent, lease, loan, create derivative works of, display, perform, distribute, sublicense
or otherwise exploit the Product or Software in any way for any purpose.
2.
No Copying, Modification or Reverse Engineering
. End User agrees that it shall not copy,
modify, enhance, reverse engineer, disassemble, decompile, or make derivative works of the
Product or Software, or otherwise attempt to derive the source code, algorithms or other aspects
of the Product or Software, in whole or part.
3.
Proprietary Rights
. End User acknowledges that all patents, copyrights, trade secrets, trade
names, trademarks, and all other intellectual property rights in or related to the Product and
Software are the exclusive property of Vivato and its licensors (if any). No right, title or interest,
expressed or implied, in or to the Product or Software, including without limitation patent,
copyright, trade secret or other intellectual property rights therein, other than the limited license
granted above, is transferred from Vivato to End User. Title to and ownership of the Software shall
remain with Vivato and its licensors (if any). End User shall not alter or erase any copyright,
confidential or proprietary notices appearing on the Product, Software or related documentation.
4.
Termination
. This EULA is effective until terminated. End User's license under this EULA shall
immediately terminate should End User fail to comply with the terms of this EULA. Without
prejudice to any other rights, Vivato may terminate this EULA if End User fails to comply with its
terms and conditions. Upon termination, the End User must promptly cease use of the Software
and destroy it and its component parts.
5.
Confidentiality
. End User acknowledges that the Product and Software contains confidential and
proprietary information belonging to Vivato and its licensors (if any). End User shall exercise at
least the same degree of care, but in no event less than a reasonable degree of care, to safeguard
the confidentiality of Vivato and its licensors’ confidential and proprietary information as End User
would exercise with respect to End User’s own confidential information and trade secrets. End
User shall not disclose or transfer any such Confidential Information to a third party other than as