END USER NON-EXCLUSIVE LIMITED LICENSE AGREEMENT
Docket-Online.Com and Guy W. Bluff, (“LICENSOR”) licenses this site and the affiliated databases to you only upon the condition that you accept all of the terms contained in this Customer License Agreement (the "Agreement"). Please read these terms carefully, because installing this package indicates your acceptance of them. If you do not agree with these terms, then LICENSOR is unwilling to license the site and affiliated databases to you. .
THIS IS A LICENSE. IT GIVES YOU CERTAIN LIMITED RIGHTS TO USE THE PROGRAM, LICENSOR RETAINS OWNERSHIP AND TITLE TO ALL OF THE PROGRAM, PROGRAM COPIES, DOCUMENTATION, AND ALL COPYRIGHTS AND OTHER PROPRIETARY RIGHTS THEREIN. LICENSOR EXPRESSLY RESERVE ALL RIGHTS NOT SPECIFICALLY GRANTED TO YOU IN THIS AGREEMENT.
I. Definitions.
As used in this Agreement, the following terms have the meanings indicated: (a) "Program" means the computer software program(s) recorded on the electronic media or otherwise delivered to you or made accessible to you from LICENSOR, together with any updates, enhancements, and modifications to such software program(s); (b) "Program Copies" means all copies of all or any portion of the Program, whether supplied by LICENSOR or made by you; (c) "Documentation" means all of the printed material contained in this package (including online Help files and other electronic documentation) or subsequently supplied to you directly or indirectly by LICENSOR for use with the Program.
II. Grant of Non-Exclusive Limited License.
The software and this website is copyrighted and protected by law and international treaty. LICENSOR hereby grants to you a limited, non-exclusive license to use the Program and Documentation on the terms and conditions set forth in this Agreement. The Program and Documentation and all copyrights and other proprietary rights therein are owned by LICENSOR, is protected by United States copyright laws and international treaty provisions, and may not be used, reproduced, modified, distributed, or transferred except as expressly provided in this Agreement.
The software is copyrighted proprietary material of LICENSOR and may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without LICENSOR’s prior written permission. Except as expressly provided herein, LICENSOR does not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information of LICENSOR.
YOU MAY NOT: (a) Make copies of the Program, except as specifically authorized above; (b) Make copies of the Documentation; (c) Rent, lease, lend, sublicense, time-share, or otherwise permit any other party to use the Program, Program Copies, or Documentation or to exercise your rights under this Agreement; (d) Alter, modify, translate, decompile, disassemble, or reverse-engineer the Program, or make any attempt to undo or bypass the encryption of the Program code, or create any derivative work based upon the Program; or (e) Remove or obscure any copyright or trademark notices.
III. Title.
Title, ownership rights, and intellectual property rights in the software shall remain in LICENSOR. Copyright laws and treaties protect the software. Title and related rights in the database program accessing the software is the property of the applicable owner and may be protected by applicable law. This License gives you no rights to such content.
IV. Use of Software And Proprietary Rights of InMagic. ™
The software is a series of database templates and structures that work only in conjunction with Inmagic’s™ proprietary database program DBTextworks™ which, when used with the software, is designed to enable users to store and to retrieve data and data structures. It may be necessary for the functioning of the software, that the end user also lawfully own functioning copies of DBTextworks™.
LICENSOR is not the manufacturer, designer, or seller of DBTextworks™. The end use understands and agrees that it is their sole responsibility and separate expense to obtain DBTextworks™ from Inmagic™ or Inmagic’s™ authorized reseller. The end user understands and agrees that DBTextworks™ is the separate intellectual property of Inmagic™ and that LICENSOR makes no representations of any nature about the functionality, quality, merchantability or properties of DBTextworks™. LICENSOR shall not be liable in any capacity for the end user’s purchase and / or use of any Inmagic™ product, including DBTextworks™.
As a condition to the license to use the software, the end user agrees that it will not use the software to infringe the intellectual property rights of others in any way. The end user also agrees to comply with all of the notices, terms and conditions imposed by Inmagic™, including but not limited to its separate licensing agreements and copyrights.
Inmagic, Inc. may be contacted at Inmagic, Inc, 800 West Cummings Park, Woburn, MA 01801-6357, USA.
V. Additional Restrictions.
(a) All Program Copies made by you must reproduce and include the copyright and trademark notices embedded in the Program and appearing on the original electronic media labels; (b) Any upgrade or enhancement of the Program subsequently supplied by LICENSOR may be used only upon the destruction of the prior version of the Program. Unless otherwise specified in writing by LICENSOR, all upgrades and enhancements, if any, supplied to you shall be governed by this Agreement; (c) You may not sell, assign, or otherwise transfer the Program to another party without the prior authorization of LICENSOR. Any purported transfer without such authorization will be void.
LICENSOR will authorize transfers only if (i) you deliver to the recipient the original Program and all Documentation, including this Agreement; (ii) you destroy all other Program Copies in your possession; (iii) the recipient agrees, in a written statement delivered to LICENSOR, to accept and abide by all the terms and conditions of this Agreement; and (iv) if the Program is not at the then-current release level, it is upgraded to the latest release concurrently with the transfer; (d) Export of the Program is restricted by U.S. export regulations. Contact LICENSOR for information regarding exportation of the Program.
VI. U.S. Government Restricted Rights.
The Program, Program Copies, and Documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subdivision (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at 48 CFR 252.227-7013, or in subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights clause at 48 CFR 52.227-19, as applicable. Use, duplication, or disclosure by the U.S. Government is subject to restrictions set forth in this LICENSOR End-User Software License agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable.
VII. Limited Warranty.
(a) LICENSOR does not warrant or represent that your use of the Program will be uninterrupted or error-free. If you report to LICENSOR in writing within such thirty (30) day period any non-conformity between the Documentation and the Program, and if LICENSOR is able to replicate and verify that such non-conformity exists, LICENSOR shall make commercially reasonable efforts to correct such non-conformity and, if successful, shall supply you with such correction. The foregoing states your SOLE AND EXCLUSIVE REMEDY for any breach of this warranty.
The software is provided “AS IS.” OTHER THAN THE EXPRESS, LIMITED WARRANTIES STATED ABOVE, LICENSOR MAKES NO OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE USE OF OR INABILITY TO USE THE PROGRAM, DOCUMENTATION, OR ELECTRONIC MEDIA. LICENSEE UNDERSTANDS AND AGREES THAT: (1) SOFTWARE IS LIKE ANY OTHER PRODUCT AND WILL NOT LAST FOREVER, (2) LICENSOR IS UNDER NO OBLIGATION TO PROVIDE CUSTOMER SUPPORT FOR NON-CURRENT VERSIONS OF LICENSOR'S SOFTWARE.
THIS AGREEMENT WILL BE GOVERENED ACCORDING TO THE LAWS OF THE STATE OF Arizona.
VIII. Limitation of Liability.
Because software is inherently complex and may not be free from errors, you are advised to verify the work produced by the Program. The software may contain technical inaccuracies or typographical errors, so changes and/or updates may be affected without notice. LICENSOR may also make improvements and/or other changes to the software at any time without notice.
LICENSOR SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A REPRESENTATIVE OF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. THIS LIMITATION ON LIABILITY SHALL APPLY EVEN IF DAMAGES RESULT FROM ANY DEFECT IN THE PROGRAM, DOCUMENTATION, OR ELECTRONIC MEDIA, AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. This means LICENSOR is not responsible or liable for damages or costs incurred as a result of loss of time, loss of data, loss of anticipated profits or benefits resulting from use of the Program or loss of use of the Program, nor for damages or costs incurred in connection with obtaining substitute software, claims by others, or similar costs. IN NO EVENT SHALL LICENSOR'S LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM OR THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE LICENSE FEE ACTUALLY PAID TO LICENSOR FOR YOUR COPY OF THE PROGRAM.
IX. Other Limitations.
(a) LICENSOR will have no responsibility under these limited warranties for any material or media that has been modified, lost, stolen, or damaged by accident, abuse, or misapplication; (b) No employee, agent, or representative of LICENSOR, nor any Authorized Reseller or Consultant or any other Third Party, is authorized to make any representation or warranty with respect to the Program, except those expressly stated in this Agreement.
X. Allocation of Risk.
You acknowledge and agree that this Agreement allocates risk between you and LICENSOR as authorized by the Uniform Commercial Code and other applicable law, and that the pricing of LICENSOR's products reflects this allocation of risk and the limitations of liability contained in this Agreement. If any remedy hereunder is determined to have failed of its essential purpose, all limitations of liability and exclusion of damages set forth in this Agreement shall remain in full force and effect. The maximum damages you may recover will be strictly limited to the purchase price paid by you.
XI. State Law Rights.
This Agreement gives you specific legal rights, and you may also have other rights that vary from state to state. Some states do not allow the exclusion or limitation of implied warranties or of liability for incidental or consequential damages, so some of the above may not apply to you. The internal laws of the State of Arizona shall govern this Agreement.
XII. International Rights and Export Controls.
The United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded, will not govern this Agreement. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations. This Agreement shall automatically terminate upon failure by you to comply with its terms, in which event you must destroy all copies of the Software.
None of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Haiti, Iraq, Libya, Bosnian Serb-occupied portions of Bosnia and Herzegovina, Yugoslavia, North Korea, Iran, Syria, Afghanistan 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 purchasing, acquiring, downloading or using the software, 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. In addition, if the licensed software is identified as a not-for-export product (for example, on the box, media or in the installation process), then the following applies:
EXCEPT FOR EXPORT TO CANADA FOR USE IN CANADA BY CANADIAN CITIZENS, THE SOFTWARE AND ANY UNDERLYING TECHNOLOGY MAY NOT BE EXPORTED OUTSIDE THE UNITED STATES OR TO ANY FOREIGN ENTITY OR "FOREIGN PERSON" AS DEFINED BY U.S. GOVERNMENT REGULATIONS, INCLUDING WITHOUT LIMITATION, ANYONE WHO IS NOT A CITIZEN, NATIONAL OR LAWFUL PERMANENT RESIDENT OF THE UNITED STATES. BY ACQUIRING, DOWNLOADING OR USING THE SOFTWARE, YOU ARE AGREEING TO THE FOREGOING AND YOU ARE WARRANTING THAT YOU ARE NOT A "FOREIGN PERSON" OR UNDER THE CONTROL OF A FOREIGN PERSON.
XIII. Term.
This Agreement is effective from the date you open the Program, and continues in effect until terminated. LICENSOR may terminate this license at any time if you are in breach of any of these terms and conditions of use.
XIV. Upgrades.
If the software program was obtained as an upgrade, you must be properly licensed to use a product identified by LICENSOR as being eligible for the upgrade in order to use the program. You agree that the program replaces the upgraded copy and you understand that you must discontinue use of the upgraded copy, and remove the upgraded copy from your system.