NOTICE: All inPlay LICENSES THE ENCLOSED SOFTWARE TO YOU ONLY UPON THE CONDITION
THAT YOU ACCEPT
ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT. PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IF YOU
DO NOT AGREE TO THESE TERMS AND CONDITIONS, THEN All inPlay IS UNWILLING TO
LICENSE THE SOFTWARE
TO YOU, IN WHICH CASE YOU SHOULD NOT CHECK THE BOX SAYING YOU AGREE TO THE END
USER LICENSE AGREEMENT, AND REMOVE THE SOFTWARE FROM YOUR SYSTEM.
BY CHECKING ON THE BOX SAYING YOU AGREE TO THE END USER LICENSE AGREEMENT, YOU
ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO
THIS AGREEMENT.
LICENSE:
The software which accompanies this license (the "Software") is
the property of All inPlay and is protected by copyright law. While All inPlay
continues to own the Software, for a limited period of time you will have certain
limited rights to use the Software after your acceptance of this license. Your
rights and obligations with respect to the use of this Software are
as follows:
You may:
(i) evaluate the Software for a period of fifteen (15) days.
(ii) extend your right to use this software by subscription to the All inPlay
service.
Warranty Disclaimer:
All inPlay MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THIS
SOFTWARE FOR ANY PURPOSE. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT
EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. All inPlay SHALL NOT BE LIABLE UNDER
ANY THEORY OR ANY DAMAGES SUFFERED BY YOU OR ANY USER OF THE SOFTWARE.
Disclaimer of Damages:
REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL All inPlay BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF All inPlay HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Compliance With Applicable Law:
You agree to abide by the copyright law and all other applicable laws of the United States including, but not limited to, export control laws. You acknowledge that the Software in source code form remains a confidential trade secret of All inPlay and therefore you agree not to modify the Software or attempt to decipher, decompile, disassemble or reverse engineer the Software, except to the extent applicable laws specifically prohibit such restriction.
U.S. Government Restricted Rights:
RESTRICTED RIGHTS LEGEND. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial Computer Software-Restricted Rights clause at 48 CFR 52.227-19, as applicable.
Termination
All inPlay may terminate the right to use the Software on notice to you (which may be delivered electronically by the same means as this Software is distributed), and you may terminate this license at any time by destroying or erasing your copy of the Software. Upon termination of this license you must discontinue all use of the Software and remove the Software from your system.
General:
This Agreement will be governed by the laws of the State of Massachusetts. This Agreement may only be modified by written document which has been signed by both you and All inPlay.
All inPlay® is a registered trademark of ZForm LLC.