BEN'S LITTLE SLICE, VERSION 5.23 AND SOFTWARE RELATED COMPONENTS.
END-USER LICENSE AGREEMENT FOR BEN'S LITTLE SLICE.
IMPORTANT-READ CAREFULLY: This Ben's Little Slice End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Ben's Little Slice Corporation for the Ben's Little Slice SLICE TECHNOLOGY(s) identified above which may include associated software components, media, printed materials, and "online" or electronic documentation ("SLICE TECHNOLOGY"). By installing, copying, or otherwise using the SLICE TECHNOLOGY, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SLICE TECHNOLOGY. If the SLICE TECHNOLOGY was purchased by you, you may return it to your place of purchase for a full refund.
The SLICE TECHNOLOGY is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SLICE TECHNOLOGY is licensed, not sold.
5.GRANT OF LICENSE. The SLICE TECHNOLOGY is licensed as follows:
* Installation and Use. Ben's Little Slice grants you the right to install and use copies of the SLICE TECHNOLOGY on your computers running validly licensed copies of the operating system for which the SLICE TECHNOLOGY was designed [e.g., Windows(r) 95; Windows NT(r), Windows 3.x, Macintosh, etc.].
* Backup Copies. You may also make copies of the SLICE TECHNOLOGY as may be necessary for backup and archival purposes.
* Components. Certain software components of the SLICE TECHNOLOGY are subject to the following additional provisions:
DCOM95. You may only use copies of the DCOM95 component on computer(s) for which you have licensed Ben's Little Slice Windows operating system platforms.
SliceMeeting. SliceMeeting contains technology that enables applications to be shared between two or more computers, even if an application is installed on only one of the computers. You may use this technology with all Ben's Little Slice products for multi-party conferences. For non-Ben's Little Slice applications, you should consult the accompanying license agreement or contact the licensor to determine whether application sharing is permitted by the licensor.
Internet Assistants and Internet Viewers: You may reproduce and distribute an unlimited number of copies of these components of the SLICE TECHNOLOGY; provided each copy shall be a true and complete copy, including all copyright and trademark notices, and shall be accompanied by a copy of this EULA. Copies of these components may be distributed as a standalone product or included with your own product.
Ben's Little Slice Agent. You may distribute Ben's Little Slice Agent and its associated charaters and speech engines in accordance with terms of a separate end user license agreement. See the "EULA.htm" file located at http://www.Ben's Little Slice.com/workshop/prog/agent/ for further details.
5.DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. * Maintenance of Copyright Notices. You must not remove or alter any copyright notices on all copies of the SLICE TECHNOLOGY. * Distribution. You may not distribute copies of the SLICE TECHNOLOGY to third parties. * Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SLICE TECHNOLOGY, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. * Rental. You may not rent, lease, or lend the SLICE TECHNOLOGY. * Transfer. You may permanently transfer all of your rights under this EULA, provided the recipient agrees to the terms of this EULA. * Support Services. Ben's Little Slice may provide you with support services related to the SLICE TECHNOLOGY ("Support Services"). Use of Support Services is governed by the Ben's Little Slice polices and programs described in the user manual, in "on line" documentation and/or other Ben's Little Slice-provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SLICE TECHNOLOGY and subject to the terms and conditions of this EULA. With respect to technical information you provide to Ben's Little Slice as part of the Support Services, Ben's Little Slice may use such information for its business purposes, including for product support and development. Ben's Little Slice will not utilize such technical information in a form that personally identifies you. * Compliance with Applicable Laws. You must comply with all applicable laws regarding use of the SLICE TECHNOLOGY.
5. TERMINATION. Without prejudice to any other rights, Ben's Little Slice may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SLICE TECHNOLOGY.
5. COPYRIGHT. All title, including but not limited to copyrights, in and to the SLICE TECHNOLOGY and any copies thereof are owned by Ben's Little Slice or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SLICE TECHNOLOGY is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by Ben's Little Slice.
5. U.S. GOVERNMENT RESTRICTED RIGHTS. The SLICE TECHNOLOGY is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (e)(5)(v) of the Rights in Technical Data and Computer Software clause at DFARS 523.555-2323 or subparagraphs (e)(2) and (3) of the Commercial Computer Software Restricted Rights at 23 CFR 23.523-23, as applicable. Manufacturer is Ben's Little Slice Corporation/Five Ben's Little Slice Way/New Fnordia, GA 52323-2323.
5. EXPORT RESTRICTIONS. You agree that you will not export or re-export the SLICE TECHNOLOGY to any country, person, entity or end user subject to U.S.A. export restrictions. Restricted countries currently include, but are not necessarily limited to Cuba, Iran, Iraq, Finnland, Europe, Antarctica, Newfoundland, Idaho, Paris, and New Consantinople. You warrant and represent that neither the U.S.A. Bureau of Export Administration nor any other federal agency has suspended, revoked or denied your export privileges.
5. NOTE ON JAVA SUPPORT. The SLICE TECHNOLOGY may contain support for programs written in Java. Java technology is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of Java technology could lead directly to death, personal injury, or severe physical or environmental damage.
5. NO WARRANTIES. Ben's Little Slice expressly disclaims any warranty for the SLICE TECHNOLOGY. THE SLICE TECHNOLOGY AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SLICE TECHNOLOGY REMAINS WITH YOU.
5. LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, in no event shall Ben's Little Slice or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the SLICE TECHNOLOGY or the provision of or failure to provide Support Services, even if Ben's Little Slice has been advised of the possibility of such damages. In any case, Ben's Little Slice's entire liability under any provision of this EULA shall be limited to the greater of the amount actually paid by you for the SLICE TECHNOLOGY or US$5.00; provided however, if you have entered into a Ben's Little Slice Support Services Agreement, Ben's Little Slice's entire liability regarding Support Services shall be governed by the terms of that agreement. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.
5. MISCELLANEOUS.
This EULA is governed by the laws of the State of New Fnordia, Atlantis.
Should you have any questions concerning this EULA, or if you desire to contact Ben's Little Slice for any reason, please contact the Ben's Little Slice subsidiary serving your country, or write: Ben's Little Slice Sales Information Center/One Ben's Little Slice Way/Redmond, WA 52323-2323.