CODEFOOT.COM SOFTWARE USER AGREEMENT
CODEFOOT.COM is willing to license the CODEFOOT.COM Software
("Software") to you only upon the condition that you agree to
and accept all of the terms and conditions contained in this Software User
Agreement ("Agreement"). Please read the terms carefully.
BY DOWNLOADING THE SOFTWARE YOU EXPRESSLY AGREE TO THE TERMS AND
IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT DOWNLOAD OR
INSTALL THE SOFTWARE.
CODEFOOT.COM hereby grants you a limited, non-exclusive,
non-transferable license to use the CODEFOOT.COM Software downloaded
from The CODEFOOT.COM World Wide Web site located at
www.CODEFOOT.COM.com (the "Site") or from other authorized
locations on the World Wide Web only. The license permits you to:
Use the software on a single terminal or a single workstation of a
Install the software onto a permanent storage device (a hard drive);
Create printouts of output from the Software for your personal use only.
The license granted hereunder does NOT permit or allow you to:
Modify, translate, reverse engineer, decompile, disassemble, or create
derivative works based on the Software;
Copy the Software other than as specified above; rent, lease, grant a
security interest in, or otherwise attempt to transfer rights to the
Remove or alter any proprietary notices or labels on the Software.
3. No Unauthorized Reproduction.
You agree and acknowledge that CODEFOOT.COM transfers no ownership
interest in the Software or in the intellectual property in the Software,
to you or anyone else, and that CODEFOOT.COM and its licensors reserve
all rights not expressly granted to you hereunder. Any reproduction or
redistribution of the Software in violation of this Agreement is expressly
prohibited by law, and WILL result in severe civil and criminal penalties.
CODEFOOT.COM actively and aggressively enforces its intellectual
property rights to the fullest extent of the law. WITHOUT LIMITING THE
FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR
LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY
4. DISCLAIMER OF WARRANTY AND LIABILITY.
USER EXPRESSLY AGREES THAT USE OF THE SOFTWARE AND THE SITE IS AT THE
USER'S SOLE RISK. THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, RESULTS, OR OTHERWISE. NEITHER
CODEFOOT.COM NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR
DELIVERING THE SOFTWARE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE
SOFTWARE OR INABILITY TO USE THE SOFTWARE OR OUT OF ANY BREACH OF ANY
WARRANTY OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR
PROFITS, WHETHER IN AN ACTION BASED UPON CONTRACT, NEGLIGENCE OR OTHER
TORTIOUS CONDUCT, ARISING OUT OF OR IN CONNECTION WITH THE USE OR
PERFORMANCE OF THE SOFTWARE.
NOTWITHSTANDING THE FOREGOING, THE TOTAL AMOUNT OF CODEFOOT.COM'S
LIABILITY TO USER SHALL BE LIMITED TO THE AMOUNT USER PAID FOR THE USE OF
THE SOFTWARE, IF ANY.
You agree to defend, indemnify, and hold harmless CODEFOOT.COM and its
parent and affiliates and all of their employees, agents, directors,
officers, proprietors, partners, representatives, shareholders, servants,
attorneys, predecessors, successors, and assigns, from and against any and
all claims, proceedings, damages, injuries, liabilities, losses, costs,
and expenses (including reasonable attorneys' fees and litigation
expenses), relating to or arising from your use of the Software.
6. Proprietary Rights.
The Software contained in the Site is protected by law, including but not
limited to United States copyright, trade secret, and trademark law, as
well as other state, national, and international laws and regulations. The
Software is © 1995-2001 by CODEFOOT.COM and/or its licensors. All
rights reserved. Patents Pending. CODEFOOT.COM also owns a copyright in
the Site as a collective work and/or compilation, and in the selection,
coordination, arrangement, and enhancement of such content. Unauthorized
use of the Software or any material contained on the Site may violate
copyright laws, trademark laws, trade secret laws, the laws of privacy and
publicity, and communications regulations and statutes. CODEFOOT.COM,
CODEFOOT, and PopUp Maker are trademarks of OEC Corp.
7. Term and Termination.
CODEFOOT.COM reserves the right at any time to deny you access to the
Software or the Site or any portion thereof, and to terminate this
Agreement. This Agreement and the license granted hereunder will terminate
automatically if you fail to comply with the limitations described herein.
Upon termination, you must destroy all copies of the Software and any
CODEFOOT.COM COPYRIGHT AND LICENSES
Domestic and International copyright and trademark laws protect the entire
contents of the CODEFOOT.com Site ("The Site"). The owners of
the intellectual property, copyrights and trademarks are CODEFOOT.com,
OEC Corp, its affiliates or other third party licensors.
YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR
DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT,
GRAPHICS, CODE AND SOFTWARE.
If you do so, you WILL be prosecuted.
You may print and download portions of material from the different areas
of the Site solely for your own non-commercial use provided that you agree
not to change or delete any copyright or proprietary notices from the
LIMITATION OF LIABILITY
IN NO EVENT WILL CODEFOOT.COM ("THE SERVICE") BE LIABLE FOR
ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF
PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED
ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH
INFORMATION OR SERVICE.
IN NO EVENT WILL CODEFOOT.COM BE LIABLE FOR ANY CLAIM ATTRIBUTABLE TO
ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS
OR INFORMATION DOWNLOADED THROUGH THE SERVICE.