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LICENSE AGREEMENT FOR VOLANOMARK(TM)
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Please read the following Agreement carefully.
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This product includes software developed by the Apache Software
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Foundation (http://www.apache.org/). Copyright (c) 1999-2001 The Apache
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Software Foundation. All rights reserved. See the following files for
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the corresponding Apache Software Licenses:
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license-tomcat.txt - the Apache Tomcat license
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license-xerces.txt - the Apache Xerces license
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Installation of VolanoMark Server Software Program (hereinafter
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"Product") is contingent on your (hereinafter "Recipient") agreement to
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the following terms:
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1. GRANT OF LICENSE.
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(a) Volano grants to Recipient a limited, non-exclusive, nontransferable
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license to use copies of the executable code of the VolanoMark Server
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software on computers residing on Recipient's premises.
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(b) Recipient shall not rent, lease, sell, sublicense, assign, or
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otherwise transfer Product, including any accompanying documentation or
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printed materials. Recipient may not reverse engineer, decompile or
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disassemble the Product. Volano and its suppliers shall retain title and
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all ownership rights to the Product.
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2. PRODUCT MAINTENANCE.
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Volano is not obligated to provide maintenance or updates to Recipient
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for the Product. However, any maintenance or updates provided by Volano
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shall be covered by this Agreement.
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3. DISCLAIMER OF WARRANTY.
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THIS SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES AS TO
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PERFORMANCE OR MERCHANTABILITY.
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THIS PROGRAM IS PROVIDED WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES
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WHATSOEVER. BECAUSE OF THE DIVERSITY OF CONDITIONS AND HARDWARE UNDER
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WHICH THIS PROGRAM MAY BE USED, NO WARRANTY OF FITNESS FOR A PARTICULAR
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PURPOSE IS OFFERED. THE USER IS ADVISED TO TEST THE PROGRAM THOROUGHLY
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BEFORE RELYING ON IT. THE USER MUST ASSUME THE ENTIRE RISK OF USING THE
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PROGRAM. ANY LIABILITY OF SELLER OR MANUFACTURER WILL BE LIMITED
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EXCLUSIVELY TO PRODUCT REPLACEMENT.
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4. GOVERNING LAW; ATTORNEYS FEES.
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This Agreement shall be governed by the laws of the State of California
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and Recipient further consents to jurisdiction by the state and federal
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courts sitting in the State of California. If either Volano or Recipient
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employs attorneys to enforce any rights arising out of or relating to
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this Agreement, the prevailing party shall be entitled to recover
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reasonable attorneys' fees.
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5. ENTIRE AGREEMENT.
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This Agreement constitutes the complete and exclusive agreement between
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Volano and Recipient with respect to the subject matter hereof, and
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supersedes all prior oral or written understandings, communications or
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agreements not specifically incorporated herein. This Agreement may not
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be modified except in a writing duly signed by an authorized
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representative of Volano and Recipient.
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