The art of transforming business into science.™
Copyright © 2000-2008 by Joseph Mistachkin. All rights reserved.
LiquidToolbar™, TclBridge™, and Mistachkin™ are trademarks of Joseph Mistachkin.
Please read the Mistachkin Systems legal notices.
LICENSE AGREEMENT for LiquidToolbar™
Last revised on April 8th, 2008.
Please read this document carefully and completely before continuing.
0. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE INDICATE SO BY CLICKING THE 'Decline' OR 'No' BUTTON AND DO NOT USE THE SOFTWARE. PLEASE REVIEW THIS AGREEMENT BEFORE EVALUATING OR PURCHASING THE SOFTWARE. NO REFUNDS WILL BE ISSUED.
1. You, as the User, assume full responsibility for the selection of the software and its associated data and/or information to achieve his/her intended results, and for the installation, use and results obtained from the software.
2. THIS DOCUMENT STATES THE TERMS AND CONDITIONS UPON WHICH MISTACHKIN SYSTEMS OFFERS TO LICENSE THE SOFTWARE ENCLOSED AND ITS ASSOCIATED DATA AND/OR INFORMATION. BY USING THIS SOFTWARE OR OPENING THIS ENVELOPE, YOU ARE AGREEING TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. THE SOFTWARE ENCLOSED AND ITS ASSOCIATED DATA AND/OR INFORMATION AS SUPPLIED BY MISTACHKIN SYSTEMS IS LICENSED, NOT SOLD, TO YOU FOR USE ONLY UNDER THE TERMS OF THIS LICENSE AND MISTACHKIN SYSTEMS RESERVES ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU UNDER THIS AGREEMENT.
3. License: The User acknowledges that the software and documents contained in the package and underlying ideas, algorithms, concepts, procedures, processes, principals and methods of operation are confidential and contain trade secrets, and User shall use its best efforts to maintain the confidentialities thereof.
4. User acknowledges that all intellectual property rights and the software and documents are owned by Mistachkin Systems. Without limiting the generality of the preceding sentence, the software, documents, and user manuals are copyrighted and may not be copied except as specifically allowed by this license for backup purposes and to load the software on to the computer as part of executing the software. All other copies of the software and related user manuals are in violation of this agreement. The copyright protection claim also includes all forms and matters of copyrightable materials and information not allowed by statutory or common law or hereinafter granted including, without limitation, material generated from the software that are displayed on the screen such as icons and screen displays. The software and documents contain trade secrets and are subject to the protection of the Oregon Uniform Trade Secrets Act.
5. The User acknowledges that this licensing agreement unless modified by Mistachkin Systems also applies to subsequent purchases of software and data, and any updated versions of the software and materials including any upgrades and enhancements related thereto. Any receipt of an updated version and the use thereof is subject to this licensing agreement's application thereto.
6. User may not sublease, assign or otherwise transfer the software and documents to any other person or business entity without the prior written consent of Joseph Mistachkin.
7. This software and its associated data and/or information may contain cryptographic material. The User acknowledges the export of cryptographic material from the United States is regulated under "EI controls" of the Export Administration Regulations (EAR, 15 CFR 730-744) of the United States Commerce Department, Bureau of Export Administration (BXA). An export license or applicable license exception is required to export cryptographic software outside the United States or Canada.
8. The User agrees not to directly or indirectly export or re-export any cryptographic material (or portions thereof) that may be contained in the software and its associated data and/or information to any country, other than Canada, or to any person or entity subject to United States export restrictions without first obtaining a Commerce Department export license or determining that there is an applicable license exception. You warrant and represent that neither the BXA nor any other United States federal agency has suspended, revoked, or denied your export privileges.
9. This license allows you to: (a) Use the software and its associated data and/or information for your organization only on a single computer, for which it was designed; (b) Make copies of the software and its associated data and/or information in machine readable form, solely for backup purposes; and (c) Physically transfer the software from one computer to another provided that the software is used on only one computer at a time.
10. If you have purchased a multiple user version of this software, this license agreement allows use of the software and its associated data and/or information for your organization up to the allowed number of seats inclusive. It may not be copied onto more computers than you have seats for. If you have a trial version of this software, you are authorized to use the software and its associated data and/or information on a single computer for not more than 30 days from the first date of install.
11. Mistachkin Systems may adopt from time to time mechanical or electronic methods that Mistachkin Systems deems necessary to protect you and to control unauthorized use or distribution of the software. By using the software, you consent to such methods of monitoring and reporting.
12. Restrictions: (a) You may not market, distribute or transfer copies of the software and its associated data and/or information to others outside your organization without the permission of Mistachkin Systems. The software and its associated data and/or information contain intellectual property and in order to protect them you may not decompile, reverse compile, reverse engineer, reverse translate, disassemble or otherwise reduce the software or its associated data and/or information to a human readable form or distribute them to any third party. YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, SELL, GIVE, LEASE OR LOAN THE SOFTWARE OR ITS ASSOCIATED DATA AND/OR INFORMATION OR CREATE DERIVATIVE WORKS BASED ON THE SOFTWARE, ITS ASSOCIATED DATA AND/OR INFORMATION OR THE ACCOMPANYING WRITTEN MATERIALS EXCEPT AS SPECIFIED IN SECTION 13 OF THIS LICENSE. (b) The software, its associated data and/or information and accompanying written materials are copyrighted. Unauthorized copying is expressly forbidden. You may be held legally responsible for any copyright infringement that is caused or encouraged by your failure to abide by the terms of this license. (c) You understand that Mistachkin Systems may upgrade, enhance, or revise the software and in doing so incurs no obligation to furnish such upgrades to you. These changes may render the software obsolete. Consequently, Mistachkin Systems reserves the right to terminate this agreement as to such prior versions of the software.
13. Derivative Works: You may NOT create, market, or distribute derivative works based on provided files.
14. No distributor, dealer, salesperson, employee or agent of Mistachkin Systems or any other entity or person is authorized to expand or alter this warranty or this agreement without the prior written consent of Joseph Mistachkin. Furthermore, this license may be modified at any time by Joseph Mistachkin.
15. Termination: This license is effective until terminated. Except for sections 16, 17, 18, 19, and 20 this license shall terminate automatically upon the earlier of: (a) Breach of your obligations under the license; (b) Mistachkin Systems written termination of this license; or (c) By your nonpayment of any outstanding monies owed to Mistachkin Systems. Upon termination you agree that you will immediately discontinue the use of and destroy all copies of the software and its associated data and/or information and return to Mistachkin Systems any and all pieces of electronic media supplied by Mistachkin Systems.
16. No Warranty: IN NO EVENT SHALL THE AUTHORS OR DISTRIBUTORS BE LIABLE TO ANY PARTY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THIS SOFTWARE, ITS DOCUMENTATION, OR ANY DERIVATIVES THEREOF, EVEN IF THE AUTHORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT ALWAYS APPLY. THE WARRANTIES IN THIS AGREEMENT GIVE YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY IN ACCORDANCE WITH LOCAL LAW.
17. Disclaimer: THE AUTHORS AND DISTRIBUTORS SPECIFICALLY DISCLAIM ANY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THIS SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, AND THE AUTHORS AND DISTRIBUTORS HAVE NO OBLIGATION TO PROVIDE MAINTENANCE, SUPPORT, UPDATES, ENHANCEMENTS, OR MODIFICATIONS.
18. Limitation of Remedies and Liability: NEITHER MISTACHKIN SYSTEMS NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SOFTWARE AND SERVICES RELATED THERETO, OR EQUIPMENT (INCLUDING COMPUTERS AND MACHINES) AND SERVICES RELATED THERETO, SHALL BE LIABLE TO USER OR ANY PARTY CLAIMING THROUGH USER FOR ANY DAMAGES OR EXPENSES OF ANY TYPE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST SAVINGS, LOST BUSINESS, LOSS OF ANTICIPATED BENEFITS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, DIRECT OR INDIRECT, SPECIAL OR GENERAL, ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARE OR EQUIPMENT, WHETHER ARISING OUT OF CONTRACT, NEGLIGENCE, TORT OR UNDER ANY WARRANTY OR OTHERWISE AND WHETHER CAUSED BY DEFECT, NEGLIGENCE, BREACH OF WARRANTY, DELAY IN DELIVERY OR OTHERWISE, EVEN IF MISTACHKIN SYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY OTHER CLAIM BY ANY OTHER PARTY. NO OBLIGATION OR LIABILITY SHALL ARISE OR FLOW FROM MISTACHKIN SYSTEMS RENDERING TECHNICAL OR OTHER ADVICE IN CONNECTION WITH EQUIPMENT, MISTACHKIN SYSTEMS SOFTWARE OR MISTACHKIN SYSTEMS SERVICES, INCLUDING BUT NOT LIMITED TO, MISTACHKIN SYSTEMS INSTALLATION AND TRAINING SERVICES AND ANNUAL SUPPORT AND MAINTENANCE SERVICES. MISTACHKIN SYSTEMS LIABILITY FOR DAMAGES IN NO EVENT SHALL EXCEED THE LICENSE FEE PAID FOR THE RIGHT TO USE THE SOFTWARE.
19. General: (a) This license shall be governed and interpreted, except the federal laws which govern trademarks and copyrights, in accordance with the laws of the State of Oregon. This agreement has been made entirely within the State of Oregon. If any suit or action is filed by any party to enforce this license or otherwise with respect to the subject matter of this license, venue SHALL be in the federal or state courts nearest Salem, Oregon. The parties further agree that this provision shall survive the termination of this agreement and that NO ACTION, regardless of form arising hereunder, may be instituted by either party more than one (1) year after the cause of action arose, or, in the case of nonpayment, more than two (2) years from the date of the last payment, except that the above limitations shall not apply to the enforcement of any of Mistachkin Systems intellectual property rights. In any such action, the prevailing party shall be entitled to its reasonable attorney fees at trial or on appeal thereof, as awarded by the court. This license shall be construed in such a fashion as to make each provision enforceable to the maximum extent possible under law. (b) User acknowledges that User has read this agreement, which comprises of all the terms and conditions in this agreement, understands each and every term and condition of it, and agrees to be bound by its terms and conditions. User agrees that this agreement is the complete and exclusive statement of the agreement between Mistachkin Systems and User and that this agreement supersedes all prior and contemporaneous agreements, proposals, negotiations or discussions, oral or written, relating to the subject matter herein. No course of dealing or usage of trade or course of performance shall be relevant to explain or supplement any terms expressed herein. User further agrees that no representations or statements of any kind, including but not limited to, dealer advertising, presentations, oral or written, made by any agent or representative of Mistachkin Systems which are not stated herein shall be binding on User or Mistachkin Systems failure or delay in enforcing any right to a provision of this agreement shall not be deemed as a waiver of such provisions or right in respect to any subsequent breach or a continuance of any existing breach. If any provision of this license shall be held to be unenforceable by a court of jurisdiction, the remaining provisions will remain in force and effect and be enforced to the maximum extent permissible. (c) Mistachkin Systems shall not be in default by reason of any failure of its performance under this agreement if failure results, directly or indirectly, from, but not limited to, fire, explosion, strike, freight embargo, act of God, or the public enemy, war, civil disturbance, act of any government, de jure or de facto, or any agency or official thereof, terrorism, labor shortage, transportation contingencies, unusually severe weather, default of manufacturer or supplier as a subcontractor, quarantine or restriction, epidemic or catastrophe or any similar event beyond the control of Mistachkin Systems.
20. Government Use: If you are acquiring this software on behalf of the United States government, the Government shall have only "Restricted Rights" in the software and related documentation as defined in the Federal Acquisition Regulations (FARs) in Clause 52.227.19 (c) (2). If you are acquiring the software on behalf of the Department of Defense, the software shall be classified as "Commercial Computer Software" and the Government shall have only "Restricted Rights" as defined in Clause 252.227-7013 (c) (1) of DFARs. Notwithstanding the foregoing, the authors grant the United States Government and others acting in its behalf permission to use and distribute the software in accordance with the terms specified in this license.