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- -------------------------------------------------
- END USER LICENSE AGREEMENT
- FOR SPINFRENZY.COM SOFTWARE
- -------------------------------------------------
-
- SPINFRENZY.COM XCHANGE(TM) AND RELATED SOFTWARE
- COMPONENTS
-
- IMPORTANT-READ CAREFULLY: This Spinfrenzy.com End-User
- License Agreement ("EULA") is a legal agreement between
- you (either an individual or a single entity) and
- Spinfrenzy.com, Inc. for the Spinfrenzy.com software
- product(s) identified above which may include associated
- software components, media, printed materials, and
- "online" or electronic documentation ("SOFTWARE
- PRODUCT"). By installing, copying, or otherwise using the
- SOFTWARE PRODUCT, you agree to be bound by the terms of
- this EULA. If you do not agree to the terms of this EULA,
- do not install or use the SOFTWARE PRODUCT. If the
- SOFTWARE PRODUCT was purchased by you, you may return it
- to your place of purchase for a full refund.
-
- The SOFTWARE PRODUCT is protected by copyright laws and
- international copyright treaties, as well as other
- intellectual property laws and treaties. The SOFTWARE
- PRODUCT is licensed, not sold.
-
- 1. GRANT OF LICENSE. The SOFTWARE PRODUCT is licensed as
- follows:
-
- * Installation and Use. Spinfrenzy.com grants you the
- right to install and use copies of the SOFTWARE PRODUCT
- on your computers running validly licensed copies of the
- operating system for which the SOFTWARE PRODUCT was
- designed (e.g., Windows(R) 95, Windows(R) 98, Windows(R)
- 2000, Windows NT(R), Macintosh, etc.).
-
- * Backup Copies. You may also make copies of the SOFTWARE
- PRODUCT as may be necessary for backup and archival
- purposes.
-
- 2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
-
- * Maintenance of Copyright Notices. You must not remove
- or alter any copyright notices on all copies of the
- SOFTWARE PRODUCT.
-
- * Distribution. You may not distribute copies of the
- SOFTWARE PRODUCT to third parties.
-
- * Prohibition on Reverse Engineering, Decompilation, and
- Disassembly. You may not reverse engineer, decompile, or
- disassemble the SOFTWARE PRODUCT, except and only to the
- extent that such activity is expressly permitted by
- applicable law notwithstanding this limitation.
-
- * Separation of Components. The SOFTWARE PRODUCT is
- licensed as a single product. Its component parts may not
- be separated for use on more than one computer.
-
- * Rental. You may not rent, lease, or lend the SOFTWARE
- PRODUCT.
-
- * Transfer. You may permanently transfer all of your
- rights under this EULA, provided the recipient agrees to
- the terms of this EULA.
-
- * Support Services. Spinfrenzy.com may provide you with
- support services related to the SOFTWARE PRODUCT
- ("Support Services"). Use of Support Services is governed
- by the Spinfrenzy.com polices and programs described in
- the user manual, in "on line" documentation and/or other
- Spinfrenzy.com-provided materials. Any supplemental
- software code provided to you as part of the Support
- Services shall be considered part of the SOFTWARE PRODUCT
- and subject to the terms and conditions of this EULA.
- With respect to technical information you provide to
- Spinfrenzy.com as part of the Support Services,
- Spinfrenzy.com may use such information for its business
- purposes, including for product support and development.
- Spinfrenzy.com will not utilize such technical
- information in a form that personally identifies you.
-
- * Compliance with Applicable Laws. You must comply with
- all applicable laws regarding use of the SOFTWARE
- PRODUCT.
-
- 3. TERMINATION. Without prejudice to any other rights,
- Spinfrenzy.com may terminate this EULA if you fail to
- comply with the terms and conditions of this EULA. In
- such event, you must destroy all copies of the SOFTWARE
- PRODUCT and all of its component parts.
-
- 4. COPYRIGHT. All title, including but not limited to
- copyrights, in and to the SOFTWARE PRODUCT and any copies
- thereof are owned by Spinfrenzy.com or its suppliers. All
- title and intellectual property rights in and to the
- content which may be accessed through use of the SOFTWARE
- PRODUCT is the property of the respective content owner
- and may be protected by applicable copyright or other
- intellectual property laws and treaties. This EULA grants
- you no rights to use such content. All rights not
- expressly granted are reserved by Spinfrenzy.com.
-
- 5. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE
- PRODUCT is provided with RESTRICTED RIGHTS. Use,
- duplication, or disclosure by the Government is subject
- to restrictions as set forth in subparagraph (c)(1)(ii)
- of the Rights in Technical Data and Computer Software
- clause at DFARS 252.227-7013 or subparagraphs (c)(1) and
- (2) of the Commercial Computer Software Restricted Rights
- at 48 CFR 52.227-19, as applicable. Manufacturer is
- Spinfrenzy.com, Inc./490 San Antonio Rd., Ste. G/Palo
- Alto, CA 94306-4649.
-
- 6. EXPORT RESTRICTIONS. You agree that you will not
- export or re-export the SOFTWARE PRODUCT to any country,
- person, entity or end user subject to U.S.A. export
- restrictions. Restricted countries currently include, but
- are not necessarily limited to Cuba, Iran, Iraq, Libya,
- North Korea, Sudan, and Syria. You warrant and represent
- that neither the U.S.A. Bureau of Export Administration
- nor any other federal agency has suspended, revoked or
- denied your export privileges.
-
- 7. NO WARRANTIES. SPINFRENZY.COM EXPRESSLY DISCLAIMS ANY
- WARRANTY FOR THE SOFTWARE PRODUCT. THE SOFTWARE PRODUCT
- AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT
- WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
- INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR
- MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
- NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR
- PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU.
-
- 8. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT
- PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
- SPINFRENZY.COM OR ITS SUPPLIERS BE LIABLE FOR ANY
- SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES
- WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
- LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF
- BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS)
- ARISING OUT OF THE USE OF OR INABILITY TO USE THE
- SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO
- PROVIDE SUPPORT SERVICES, EVEN IF SPINFRENZY.COM HAS BEEN
- ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE,
- SPINFRENZY.COM'S ENTIRE LIABILITY UNDER ANY PROVISION OF
- THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT
- ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR US$1.00;
- PROVIDED HOWEVER, IF YOU HAVE ENTERED INTO A
- SPINFRENZY.COM SUPPORT SERVICES AGREEMENT,
- SPINFRENZY.COM'S ENTIRE LIABILITY REGARDING SUPPORT
- SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT
- AGREEMENT. BECAUSE SOME STATES AND JURISDICTIONS DO NOT
- ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE
- LIMITATION MAY NOT APPLY TO YOU.
-
- 9. GOVERNING LAW; ATTORNEYS' FEES. If you acquired the
- SOFTWARE PRODUCT in the United States, this EULA is
- governed by the laws of the State of California, and you
- further consent to jurisdiction by the state and federal
- courts sitting in the State of California. If you
- acquired the SOFTWARE PRODUCT outside the United States,
- then local law may apply. If either you or Spinfrenzy.com
- employ attorneys to enforce any rights arising out of or
- relating to this EULA, the prevailing party shall be
- entitled to recover reasonable attorneys' fees.
-
- 10. MISCELLANEOUS. If any part of this EULA is found
- void and unenforceable, it will not affect the validity
- of the balance of the EULA, which shall remain valid and
- enforceable according to its terms. This EULA shall
- automatically terminate upon failure by you to comply
- with its terms. This Agreement may only be modified in
- writing signed by an authorized officer of
- Spinfrenzy.com. Should you have any questions concerning
- this EULA, or if you desire to contact Spinfrenzy.com for
- any reason, please write: Spinfrenzy.com, Inc./490 San
- Antonio Rd., Ste. G/Palo Alto, CA 94306-4649.
-
-
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