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