IMPORTANT-READ CAREFULLY: This End-User License Agreement ("License") is a legal agreement between you and Stomp Inc. dba StompSoft ("Stomp"). All Stomp software and third party software distributed by Stomp shall be referred to herein as the STOMP SOFTWARE. This License covers only the STOMP SOFTWARE. The STOMP SOFTWARE includes the computer software, the associated media, any printed materials, any "on-line" or electronic documentation, and all updates thereto. By installing, copying or otherwise using the STOMP SOFTWARE, you agree to be bound by the terms of this License. If you do not agree to the terms of this License, Stomp is unwilling to license the STOMP SOFTWARE to you. In such event, you may not use, install or copy the STOMP SOFTWARE in any way, and you should promptly contact Stomp for instructions on returning the unused product(s) for a refund of the purchase price of the STOMP SOFTWARE.
STOMP SOFTWARE LICENSE
The STOMP SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. You agree to treat the STOMP SOFTWARE like any other patented and/or copyrighted material. You agree to not remove, modify or alter any patent, copyright, or trademark notice from any part of the STOMP SOFTWARE. The STOMP SOFTWARE is licensed, not sold.
GRANT OF LICENSE
This License grants you the following rights:
Software. You may install and use one copy of the STOMP SOFTWARE on a single computer.
Storage/Network Use. You may not use the STOMP SOFTWARE over an internal network or distribute the STOMP SOFTWARE to your other computers over any network.
Back-up Copy. You may create one (1) back-up copy of the STOMP SOFTWARE. You may use the back-up copy solely for archival purposes.
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
Limitation on Reverse Engineering, Decompilation and Disassembly. You may not modify, reverse engineer, decompile, or disassemble the STOMP SOFTWARE in whole or in part.
Separation of Components. The STOMP SOFTWARE is licensed as a single product. Its component parts may not be separated for any reason and/or used on more than one computer.
Single COMPUTER. The STOMP SOFTWARE is licensed for use on a single computer. The STOMP SOFTWARE may only be installed on one computer at any given time.
Rental. You may not rent or lease the STOMP SOFTWARE.
Software Transfer. You may permanently transfer all of your rights under this License only as part of a sale or transfer of the software, provided you retain no copies, transfer all of the STOMP SOFTWARE (including all copies, component parts, the media and printed materials, all versions and any upgrades of the STOMP SOFTWARE and this License), and the recipient agrees to the terms of this License.
Termination. Without prejudice to any other rights, Stomp may terminate this License if you fail to comply with the terms and conditions of this License. In such event, you must destroy all copies of the STOMP SOFTWARE and all of its component parts.
COPYRIGHT. All title and copyrights in and to the STOMP SOFTWARE (including but not limited to any images, photographs, animation, video, audio, music, text and "applets" incorporated into the STOMP SOFTWARE), and all copies of the STOMP SOFTWARE, are owned by Stomp and/or its affiliates, third-party suppliers or licensors (hereinafter, collectively referred to as "Stomp") who retain all right, title, and interest in the STOMP SOFTWARE and its respective components, parts and underlying technology. All rights not specifically granted under this License are reserved by Stomp.
HIGH RISK ACTIVITIES. The STOMP SOFTWARE is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the STOMP SOFTWARE could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Stomp specifically disclaims any express or implied warranty of fitness for High Risk Activities.
U.S. GOVERNMENT RESTRICTED RIGHTS. THE STOMP SOFTWARE and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in subparagraph (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Publisher is Stomp, Inc., 2302 Barranca Parkway, Irvine, CA 92606.
LIMITED WARRANTY
LIMITED WARRANTY ON CD-ROM MEDIA. Stomp warrants that for a period of ninety (90) days from the date of its delivery to you, that the CD-ROM media on which the STOMP SOFTWARE is furnished will be free from defects in materials and workmanship under normal use. This limited warranty extends only to you as the original licensee. Stomp's entire liability and your exclusive remedy will be replacement of the CD-ROM media not meeting Stomp's limited warranty and which is returned to Stomp with proof of purchase in the form of a bill of sale (containing a date verifying that the CD-ROM media is within the warranty period). Stomp will have no responsibility to replace a disc damaged by accident, abuse or misapplication. ANY IMPLIED WARRANTIES ON THE CD-ROM MEDIA, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THESE LIMITATIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
EXCLUSION OF WARRANTY ON STOMP SOFTWARE. You expressly acknowledge and agree that use of the STOMP SOFTWARE is at your sole risk. The STOMP SOFTWARE is provided "AS IS" and without warranty of any kind, and to the maximum extent permitted by applicable law, Stomp EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. STOMP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE STOMP SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE STOMP SOFTWARE WILL BE CORRECTED, FUNCTION ERROR FREE OR WITHOUT INTERRUPTION. FURTHERMORE, STOMP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE STOMP SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY STOMP OR A STOMP AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE STOMP SOFTWARE PROVE DEFECTIVE, YOU (AND NOT STOMP OR A STOMP AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
STOMP SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY RELATED TO THIS PRODUCT. SUCH DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT, DOWN TIME AND PURCHASER'S TIME, EVEN IF STOMP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, STOMP'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, ALLOCABLE TO THE STOMP SOFTWARE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
UPDATES AND SUBSCRIPTION
Certain STOMP SOFTWARE products are updated from time to time depending on the title of the STOMP SOFTWARE (such as updated virus definitions; updated URL lists; updated firewall rules; updated vulnerability data, etc.; collectively, these are referred to as "Definitional and/or Content Updates"). You may obtain Definitional and/or Content Updates for any period for which you have purchased a subscription for Definitional and/or Content Updates for the STOMP SOFTWARE (including any subscription included with your original license of the STOMP SOFTWARE). This license does not otherwise permit you to obtain and use Definitional and/or Content Updates.
MISCELLANEOUS
This Agreement shall be governed by the laws of the State of California and all parties submit to jurisdiction and venue in California.
You may not export or re-export the STOMP SOFTWARE or any underlying information, components or technology except in full compliance with this License as well as all United States and other applicable laws and regulations.
Without limiting any of Stomp's other rights, Stomp may terminate this License if you fail to comply with the terms and conditions herein. In such event, you agree to destroy any and all copies of the STOMP SOFTWARE.
If you purchased the STOMP SOFTWARE on-line via the Internet, or via any other electronic method, you may have a limited number of times that the STOMP SOFTWARE may be installed.
Your use of the STOMP SOFTWARE may be subject to additional third-party end-user license agreements. By installing and/or using the STOMP SOFTWARE, you agree to be bound by all license agreements whether from STOMP or any other third-party. Be sure to thoroughly read all licenses presented during purchase, installation and/or on-going use of the STOMP SOFTWARE, as well as all accompanying printed and electronic documentation.
Should you have any questions concerning this License or this limited warranty, you may contact Stomp by writing to: Stomp Inc. 2302 Barranca Parkway, Irvine, CA 92606 Attn: Product Marketing.
