DEFINITIONS
Podulous® is a standard
software product owned exclusively by Softpod, Inc. (COMPANY) and
intended for downloading files from the USENET news network.
Podulous® is a Registered
Trademark of Softpod, Inc.
The Podulous Evaluation Copy downloaded from
http://www.mediapod.com functions for a specified number of times without
checking for licenses. Once "timed out" it checks for A
Licenses. If such a license is found, it provides full functionality.
Softpod functions for the users as described in Manual.doc (included).
CUSTOMER is the entity purchasing the Softpod license.
For the purposes of Support and Maintenance, the term CUSTOMER also
includes third parties enabled by this license to use Softpod.
LICENSE
COMPANY grants the CUSTOMER purchasing Podulous the following licenses.
INDIVIDUAL LICENSE - The right for one individual at a time to use one
copy of Podulous. This license does NOT include the right of the customer to put Podulous on
a lan or wan for the purpose of allowing simultaneous use by more than one individual or program.
Furthermore this license is specifically intended to dissallow Podulous to be used as a tool by
any government within the limits of law as a means of tracking any illegal or legal information from USENET.
THE FOREGOING STATE THE ENTIRE LIABILITY OF COMPANY WITH RESPECT
TO INFRINGEMENT OF ANY COPYRIGHT BY COMPANY PRODUCTS OR ANY PART
THEREOF.
LIMITATION OF LIABILITY
EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE, COMPANY GRANTS
NO WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH REGARD TO ANY
PROGRAMS OR PRODUCTS, INCLUDING ALL IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND THE STATED
EXPRESS WARRANTY IS IN LIEU OF ALL LIABILITIES OR OBLIGATIONS OF
COMPANY FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE
DELIVERY, USE OR PERFORMANCE OF PROGRAMS. IN NO EVENT SHALL
COMPANY BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
APPLICABLE LAW
This agreement shall be deemed to have been negotiated and
executed in the State of Ohio and shall be interpreted and
construed in accordance with, and governed by, the laws of the State
of Ohio. CUSTOMER designates Ohio as the forum state for
the resolution of any disputes arising out of this agreement.
SUPPORT AND MAINTENANCE
Support and maintenance must be current in order for CUSTOMER to
receive email and telephone technical support, to receive emailed
updates of Softpod, to download new versions of the
Softpod Evaluation Copy for licensed, production use or to
receive updated or modified license files. Softpod
updates received under maintenance do not include new features
designated by COMPANY as separate products on its standard price
list. COMPANY retains the sole right to determine which
features are included in its products.
OTHER TERMS AND CONDITIONS
The licenses granted here are forever unless CUSTOMER violates
these provisions, in which case COMPANY has the right to terminate
these licenses at any time.
All licenses are granted to the single designated business entity
only.
CUSTOMER's payment for and use of COMPANY products constitutes
CUSTOMER acceptance of this agreement.
8 July 2002 |