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| PLEASE
READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE INSTALLING THE SOFTWARE.
BY INSTALLING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF
THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, YOU ARE
NOT AUTHORIZED TO INSTALL THIS SOFTWARE. SOFTWARE
LICENSE AGREEMENT This is a limited use software license agreement ("Agreement") from ASK to you personally and/or company and describes your rights and obligations regarding the use of the software. Your downloading or use of the Software shall constitute your acceptance of the terms and conditions of this agreement and this agreement shall be effective on such date. If you do not agree to be bound by the terms and conditions of this agreement, you are not authorized to download the Software. The Software is licensed from ASK on a "per server" basis. ASK hereby grants to you and you accept a non-exclusive, non-transferable license to use the Software on a single computer, client/server arrangement, or any computer configuration provided that the number of computers with access to the Software never exceeds the number of computers licensed from ASK. You acknowledge that the Software is the sole and exclusive property of ASK, including all copyrights therein even if such Software is modified or merged into another program. You acknowledge that the Software is a trade secret of ASK. You agree that you will neither transfer possession or use of the Software, in any form, to any person without the prior written consent of ASK. You agree not to copy or otherwise reproduce the Software, in whole or in part, except for your own personal use. TERM: This agreement shall continue until: (1) such time as the original media and all copies of the Software are returned to ASK: or (2) such time as this agreement is violated by you in any respect in which case the use license and any and all warranties contained herein, shall automatically terminate and be null and void, and you shall return the original media and all copies of the Software to ASK. EXPORT CONTROLS. None of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported (1) into (or to a national or resident of) Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods or for which export is otherwise restricted; or (2) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software or any portion thereof, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list. DISCLAIMER OF WARRANTY. ASK software is provided as is and without warranty of any kind. ASK MAKES NO OTHER EXPRESS OR IMPLIED WARRANTY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, INCLUDING BUT NOT LIMITED TO ANY OF THE LICENSED USES. LIMITATION OF LIABILITY. To the extent permitted by law, ASK shall be under no liability to you for any damages whatsoever, without limit, including direct, indirect, special and consequential damages, loss of profits or other benefits a rising out of or in connection with the use or performance of the Software, including its documentation. COMPLETE AGREEMENT.
This License constitutes the entire agreement between the parties with
respect to the use of the ASK
Software and supersedes all prior or contemporaneous understandings regarding
such subject matter. No amendment to or modification of this License will
be binding unless in writing and signed by ASK. |