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LICENSE TERMS FOR C2 CHOOSER, C2 ESTIMATOR AND C2 SUPPLIERS SOFTWARE.Please read this License Agreement before installing or using this software. By installing or using this software, you are agreeing to be bound by the terms of this License. If you do not agree to these terms, promptly cease all further installation or use of the software. It is agreed that certain restrictions under this License only apply to c2 software or, as the case may be, to c2 chooser, c2 estimator and c2 suppliers software. DEFINITIONS In this Agreement, "C2E" means c2 Pty. Limited; "LICENSE AGREEMENT" means this Agreement, including other documents incorporated herein by reference, namely the Privacy Statement; "LICENSEE" means you, the licensee of the SOFTWARE; "PRIVACY STATEMENT" means the C2E Privacy Statement; "SOFTWARE" means the any software from c2e.com, namely c2 estimator, c2 chooser or c2 supplier software, depending on the product type used by the LICENSEE, as the case may be, being understood that all c2e software is offered free of charge, including any technology and utility software licensed by C2E from the developers and owners thereof, together with all accompanying documentation; "SEARCH ENGINE" means the searching tools available over the Internet. LICENSE In consideration of your undertaking to comply with the terms and conditions of this License Agreement, C2E grants you, LICENSEE, a non-exclusive license to use the SOFTWARE and to view the documentation on a single computer system. This Agreement does not grant LICENSEE any rights to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights, functions or licenses in respect of the SOFTWARE. PRIVACY Demographic information (country) and contact information (email address) are collected by C2E through the registration process. C2E uses this data to tailor its products and services. C2E also uses customer contact information to send information about C2E to users who indicated a preference to receive notification of product news and events. C2E does not sell, rent or disclose this information to other companies. Users may remove themselves from the mailing list at any time. LICENSEE acknowledges that the Software Privacy Statement forms an integral part of this Agreement and accepts the terms and conditions set forth therein. C2E may modify the Software Privacy Statement at any time by publication on its Web site. Your continued use of the SOFTWARE following notice of any such modification that may be posted on the SOFTWARE Web site or notified to you by any other means will be deemed conclusive acceptance of the revised terms of this Agreement. If any such revision is unacceptable to you, terminate use of the SOFTWARE immediately. COPYRIGHT AND RESTRICTIONS ON USE The SOFTWARE contains copyrighted material and, in its human readable form, it contains trade secrets and proprietary information owned by or licensed to C2E. Title to and ownership of the SOFTWARE and the documentation that accompanies the SOFTWARE and all intellectual property rights in the SOFTWARE and said documentation are and shall remain the sole property of C2E and/or its licensors. By transmitting any suggestions, information, material, skins or other content (collectively, "Content") to C2E, LICENSEE (a) represents and warrants that such Content does not infringe the intellectual property or proprietary rights of any third parties (including but not limited to patents, copyrights, trademarks, or trade secrets) and that he has all rights necessary to convey such Content to C2E, and (b) automatically grants to C2E the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Content. Further, C2E is free to use any ideas, concepts, know-how, techniques and suggestions contained in any Content or communications that LICENSEE sends for any purpose whatsoever, including but not limited to creating, manufacturing, and marketing products and/or services using such information. LICENSEE may not de-compile, reverse engineer, disassemble or otherwise reduce the SOFTWARE to human readable form. LICENSEE may not modify, rent, lease, loan the SOFTWARE or distribute copies of it. LICENSEE may not electronically transfer the SOFTWARE over a network, a telephone circuit or the Internet. LICENSEE may not create derivative software based upon any trade secret or proprietary information of C2E and/or its licensors. LICENSEE may not sub-license, assign or transfer this License. LICENSEE may not copy the printed information in the package. LICENSEE may not adapt or use any trademark or trade name which is similar to or likely to be confusing with that of C2E or any of its licensors or take any other action which impairs or reduces the trademark rights of C2E or of its licensors. LICENSEE further acknowledges that this License is not a sale or an assignment of C2E's and/or its licensors' intellectual property rights in the SOFTWARE and the accompanying documentation and that C2E and its licensors continue to own title to the SOFTWARE and copyright to the printed information. SPECIAL DISTRIBUTION RIGHTS RELATED TO C2E SOFTWARE The C2E SOFTWARE may be freely distributed by the LICENSEE, provided that:
NO WARRANTY C2E does not warrant, guarantee or make any representations that the functions contained in the SOFTWARE will meet LICENSEE's requirements or that the operation of the SOFTWARE will be uninterrupted or error-free. Any other software and any hardware furnished with or accompanying the SOFTWARE is not warranted by C2E. LIMITATION OF LIABILITY THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR OF ANY OTHER TYPE, WHETHER EXPRESS OR IMPLIED, AND TO ANY REMEDY AGAINST C2E AND/OR ITS LICENSORS, WHETHER IN CONTRACT, TORT, DELICT, QUASI-DELICT OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES SO THE PRECEDING EXCLUSIONS MAY NOT APPLY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL C2E AND/OR ITS LICENSORS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR DIRECT OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFIT) ARISING OUT OF LICENSEE'S USE OR INABILITY TO USE THE SOFTWARE OR PRINTED INFORMATION ACCOMPANYING IT, WHETHER OR NOT C2E AND/OR ANY OF ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST LICENSEE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL C2E AND/OR ITS LICENSORS BE LIABLE FOR THE LACK OF CONTINUED AVAILABILITY OF SEARCH ENGINES OR CATEGORIES INCLUDED IN THE SOFTWARE OR UTILIZED BY IT. C2E AND/OR ITS LICENSORS MAKE NO WARRANTY WITH RESPECT TO THE ACCURACY, CORRECTNESS, TIMELINESS OR SUITABILITY OF THE CONTENT OF ANY SERVICE OR INFORMATION PROVIDED BY ANY SEARCH ENGINE OR DIRECTORY, AND TAKE NO RESPONSABILITY THEREFORE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL C2E AND/OR ITS LICENSORS BE LIABLE IN ANY MANNER WHATSOEVER FOR THE USE OF A NON-PROPRIETARY SKIN THAT MAY BE ADDED TO THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL C2E AND/OR ITS LICENSORS BE LIABLE IN ANY MANNER WHATSOEVER FOR THE ERRORS IN CALCULATIONS THAT RESULT FROM USING THE SOFTWARE. EXPORT LAW ASSURANCES LICENSEE agrees that the SOFTWARE and other technical information, both printed and verbal, received from C2E will not be exported outside of the United States except as permitted by the laws and regulations of the United States. If LICENSEE rightfully obtains the SOFTWARE and accompanying information outside of the United States, LICENSEE agrees not to re-export the SOFTWARE and information except as permitted by the laws and regulations of the United States and the jurisdiction in which LICENSEE obtained the SOFTWARE. US GOVERNMENT USE Use, duplication or disclosure of the SOFTWARE by the U.S. Government is subject to "Restricted Rights", as that term is defined in the Department of Defense ("DOD") Supplement to the Federal Acquisition Regulations ("DFARS") in paragraph 252.227-7013(c)(1)(ii) if to the DOD, or, if the SOFTWARE and/or accompanying information is supplied to any unit or agency of the U.S. Government other than DOD, the Government's rights in the SOFTWARE and/or accompanying information shall be as defined in subparagraphs (c)(1) or (c)(2) of FAR 52.227-19, Commercial Computer Software -Restricted Rights; or FAR 52.227-14, Rights in General Data Alternative III, as applicable. TERMINATION This License shall remain in full force and effect unless and until terminated. This License will terminate immediately, automatically and without notice if LICENSEE fails to comply with any provision of this Agreement. Upon termination, LICENSEE must immediately stop using the SOFTWARE, erase or destroy all copies of the SOFTWARE, and destroy all printed information provided with the SOFTWARE. ENTIRE AGREEMENT This License Agreement constitutes the entire agreement between LICENSEE and C2E and supersedes any other prior agreements or communications regarding the SOFTWARE. If any provision of this agreement is held invalid, the remainder of this agreement shall continue in effect. WAIVER The failure by C2E or any of its licensors to enforce at any time any of the provisions of this agreement, to exercise any election or option provided herein, or to require at any time the performance by LICENSEE of any of the provisions herein will not in any way be construed as a waiver of such provisions. LANGUAGE OF AGREEMENT LICENSEE agrees that this agreement be drafted in the English language. Le licenci? accepte que la pr?sente convention soit r?dig?e en anglais. GOVERNING LAW This Agreement shall be governed and be construed in accordance with the laws of the Province of Quebec and the laws of Canada applicable therein. (c) 1998-2000 c2 Pty. Limited. All rights reserved. c2e.com (r) is a registered trademark of c2 Pty. Limited. c2 Pty. Limited |
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