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User License Agreement:
The SegPlayPC software is Copyright (c) 2010 SegTech; All rights reserved.
DUPLICATION AND/OR REDISTRIBUTION OF THIS SOFTWARE IS PROHIBITED
SCOPE OF GRANT.
SegTech grants Licensee a non-exclusive license to use this Software.
Licensee may:
* Use the Software on any single computer;
* Use the Software on a second computer so long as only one copy is used at a time;
* Copy the Software for archival purposes, provided any copy must contain all of the original Software's proprietary notices;
Licensee may not:
* Permit any person or entity to do anything this Agreement prohibits Licensee from doing.
* Distribute Patterns or Images included in the software, in any digital form
* Copy the Software other than as specified above;
* Rent, lease, grant a security interest in, or otherwise transfer rights to the Software; or
* Remove any proprietary notices or labels on the Software.
* Modify the Software or separate out any of its components for use with other software or hardware
* Use the Software to provide time sharing, service bureau or similar services
* Alter, translate, decompile, dissassemble, reverse engineer or create derivative works of the Software, including but not limited to modifying the Software.
TITLE.
Title, ownership rights, and intellectual property rights in the Software shall remain with SegTech. The Software is protected by the copyright laws and treaties.
TERMINATION.
This license will terminate automatically if Licensee fails to comply with the limitations described herein. On termination, Licensee must destroy all copies of the Software and Documentation.
EXPORT CONTROLS.
None of the Software or underlying information or technology may be downloaded, installed or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya, 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 Denial Orders.
By using the Software, Licensee agrees to the foregoing and Licensee is representing and warranting that Licensee is not located in, under the control of, or a national or resident of any such country or on any such list.
DISCLAIMER OF WARRANTY.
Free of charge Software is provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the Software is borne by Licensee.
Should the Software prove defective, Licensee and, not SegTech, assumes the entire cost of any service and repair. In addition, Licensee must determine that the Software sufficiently meets Licensee's requirements. This disclaimer of warranty constitutes an essential part of the agreement. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO LICENSEE AND LICENSEE MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.
LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL SEGTECH BE LIABLE TO LICENSEE 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 SEGTECH BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT SegTech RECEIVED FROM LICENSEE FOR A LICENSE TO THE SOFTWARE, EVEN IF SEGTECH 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. FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO LICENSEE.
HIGH RISK ACTIVITIES.
The Software is not fault-tolerant.
MISCELLANEOUS.
This Agreement is the entire Agreement between Licensee and SegTech. It supersedes any prior or contemporaneous oral or written communications relating to the Software. This Agreement may be modified only by a writing executed by both parties. This Agreement is governed by California law.
