License agreement

READ THIS AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE EMBODIED IN THIS SITE. BY USING THE SITE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK " I DO NOT AGREE " READ THIS AGREEMENT CAREFULLY This SITE contains programs and associated documentation and other materials and is prepared as a free service to customer's of CCC for their own personal use only. Such programs, documentation and other materials and their compilation (collectively, the 'Collection') are licensed to you, subject to the terms and conditions of this Agreement, by CCC. In addition to being governed by the terms and conditions of this Agreement, your rights to use the programs and other materials included on the Site may also be governed by separate agreements distributed with those programs and materials on the Site (the 'Other Agreements'). In the event of any inconsistency between this Agreement and any of the Other Agreements, the Other Agreements shall govern. 1. Limited License CCC grants you a limited, nonexclusive, nontransferable license to us in you the Collection on a single dedicated computer (excluding network servers). This Agreement and your rights hereunder shall automatically terminate if you fail to comply with any provision of this Agreement or the Other Agreements. Upon such termination, you shall cease all use of the Collection. 2. Additional Restrictions A. You shall not (and shall not permit other persons or entities to) directly or indirectly, by electronic or other means, reproduce (except for archival purposes as permitted by law), publish, distribute, rent, lease, sell, sublicense, assign, or otherwise transfer the Collection or any part thereof or this Agreement. Any attempt to do so shall be void and of no effect. B. You shall not (and shall not permit other persons or entities to) reverse-engineer, decompile, disassemble, merge, modify, create derivative works of, or translate the Collection or use the Collection or any part thereof for any commercial purpose. C. You shall not (and shall not permit other persons or entities to) remove or obscure CCC'S or its suppliers' copyright, trademark, or other proprietary notices or legends from any portion of the Collection or any related materials. D. You agree and certify that the Collection will not be exported outside the United States except as authorized and as permitted by the laws and regulations of the United States. If the Collection has been rightfully obtained outside of the United States, you agree that you will not reexport the Collection, except as permitted by the laws and regulations of the United States and the laws and regulations of the jurisdiction in which you obtained the Collection. 3. Disclaimer of Warranty A. THE COLLECTION AND THE SITE ARE PROVIDED 'AS IS' WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE AND OTHER MATERIAL THAT IS PART OF THE COLLECTION AND THE SITE IS ASSUMED BY YOU. emayloneNET AND ITS SUPPLIERS DO NOT ASSUME ANY RESPONSIBILITY FOR DEFECTS IN THE SITE OR THE ACCURACY OR APPLICATION OF OR ERRORS OR OMISSIONS IN THE COLLECTION AND DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE COLLECTION WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SITE OR THE COLLECTION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN THE SITE OR THE COLLECTION WILL BE CORRECTED. IN NO EVENT SHALL emayloneNET OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE COLLECTION OR THE SITE, EVEN IF CCC OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. emayloneNET AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGES, OR COSTS ARISING OUT OF, BUT NOT LIMITED TO, LOST PROFITS OR REVENUE; LOSS OF USE OF THE COLLECTION OR THE SITE; LOSS OF DATA OR EQUIPMENT; COST OF RECOVERING SOFTWARE, DATA, OR MATERIALS IN THE COLLECTION; THE COST OF SUBSTITUTE SOFTWARE, DATA, OR MATERIALS IN THE COLLECTION; CLAIMS BY THIRD PARTIES; OR OTHER SIMILAR COSTS. B. SOME STATES DO NOT ALLOW EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. C. IN NO EVENT SHALL CCC OR ITS SUPPLIERS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING LICENSE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU FOR THE COLLECTION. 4. U.S. Government Restricted Rights The Collection is licensed subject to RESTRICTED RIGHTS. Use, duplication, or disclosure by the U.S. Government or any person or entity acting on its behalf is subject to restrictions as set forth in subdivision (c)(1)(ii) of the Rights in Technical Data and Computer Software Clause at DFARS (48 CFR 252.227-7013) for DoD contracts, in paragraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights clause in the FAR (48 CFR 52.227 - 19) for civilian agencies, or, in the case of NASA, in clause 18-52.227-86(d) of the NASA Supplement to the FAR, or in other comparable agency clauses. The contractor/manufacturer is CCC 5. General Provisions Nothing in this Agreement constitutes a waiver of CCC'S or its suppliers' rights under U.S. copyright laws or any other federal, state, local, or foreign law. You are responsible for installation, management, and operation of the Collection, however, if you have questions or problems regarding the Collection or the site, E-mail tech@cherrycapitalconnection.com Copyright (c) 2005 CCC All Rights Reserved. Reproduction in whole or in part without permission is prohibited.

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