21
4. Limitation of Liability: IN NO EVENT WILL PHAROS OR ITS SUPPLIERS BE
LIABLE FOR ANY INDIRECT, SPECIAL INCIDENTAL, ECONOMIC OR
CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OF OR INABLITY
TO USE THE SOFTWARE PACKAGE, INCLUDING SOFTWARE OR
DOCUMENTATION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO CASE SHALL PHAROS OR ITS SUPPLIERS' LIABILITY
EXCEED THE AMOUNT PAID BY LICENSEE FOR THE SYSTEM. Some states
do not allow the exclusion or limitation of liability for incidental or consequential
damages, so in those states, the above limitation or exclusion may not apply to
you.
5. Disclaimer of Warranty: THIS SOFTWARE AND THE ACCOMPANYING
FILES ARE SOLD "AS IS". PHAROS AND ITS SUPPLIERS DISCLAIM ANY
WARRANTIES AS TO PERFORMANCE OR MERCHANDISE OR ANY OTHER
WARRANTIES WHETHER EXPRESSED OR IMPLIED. In particular, there is no
warranty for high-risk activities. NO WARRANTY OF FITNESS FOR A
PARTICULAR PURPOSE IS OFFERED. The user must assume risk of using
the program.
6. Limitations on Reverse Engineering, Decompilation, and Disassembly:
Licensee may not reverse engineer, decompile, or disassemble the Software,
except and only to the extent that such activity is expressly permitted by
applicable law notwithstanding this limitation.
7. Separation of Components: The Software is licensed as a single product. Its
component parts may not be separated for use on more than one computer.
8. Termination: Without prejudice to any other rights, Pharos may terminate this
License if Licensee fails to comply with the terms and conditions of this license.
In such event, Licensee must destroy all copies of the Software and all its
component parts.
9. Copyright: All title and copyrights in and to the Software (including but not
limited to any images, photographs, animations, video, audio, music, and or text
incorporated into the Software), the accompanying printed materials, and any
copies of the Software are owned by Pharos or its suppliers. Copyright laws and
international treaty provisions protect the Software. You may not copy the
printed materials accompanying the Software.
10. Governing Law: The agreement shall be governed by the laws of the State of
California.
11. Export Laws and Regulations: Licensee agrees to comply fully with all
relevant export laws and regulations thereof, is not exported, directly or indirectly,
in violation of United States laws.
12. Proprietary Products: For purpose of any public disclosure provision under
and federal, state or local law, it is agreed that the Products are a trade secret
and a proprietary commercial product and not subject to disclosure.
22
13. Restricted Rights: End User hereby represents and warrants that the
Products shall be protected for public disclosure and considered exempt from
and statute, law, regulation, or code, including any sunshine Act, Public Records
Act, Freedom of Information Act, or equivalent, which permits access and/or
reproduction or use of the Products. In the event of breach of any part of this
paragraph by such disclosure, this Agreement shall be considered breached and
any and all right to retain any copies or to use of the Products shall be terminated
and considered immediately null and void. Any copies of the Licensed Products
held by End User shall immediately be destroyed. If any court of competent
jurisdiction considers this clause void and unenforceable in whole or in part, for
any reason this Agreement shall be considered terminated and null and void, in
its entirety, and any and all its copies of the products shall immediately be
destroyed.
14. Portions of this product, Copyright (c) 1996-2004 Telcontar.