SOFTWARE
LICENSE
AGREEMENT
IMPORTANT:
BY ACCEPTING, INSTALLING
OR
USING ANY
PART
OF
THE
SOFTWARE
PROVIDED
WITH
OR
EMBEDDED
IN
YOUR
NEW
LINE
6 PRODUCT
(THE
"SOFTWARE"),
YOU
ARE
AGREEING
TO
ALL
OF
THE
TERMS AND CONDITIONS
OF
THIS AGREEMENT AND CONSENTING
TO
BE
BOUND BY
AND BECOME A
PARTY
TO
THIS
AGREEMENT.
IF
YOU
DO
NOT
AGREE
TO
ALL
THE
TERMS AND
CONDITIONS
OF
THIS
AGREEMENT,
OR
CANNOT COMPLY
WITH
THESE
TERMS AND CONDITIONS
DISCONTINUE
THE
INSTALLATION
PROCESS
AND
YOU
WILL
HAVE
NO
AUTHORITY
TO
USE
THE
SOFTWARE.
LINE 6'S WILLINGNESS
TO
GRANT THIS AGREEMENT
IS
EXPRESSLY
CONDITIONED
UPON
YOUR
ASSENT
TO
ALL
THE
TERMS AND CONDITIONS
OF
THIS
AGREEMENT,
TO
THE
EXCLUSION
OF
ALL
OTHER
TERMS.
IF
THESE
TERMS
ARE
CONSIDERED
AN
OFFER
BY
LINE
6,
ACCEPTANCE
IS
EXPRESSLY
LIMITED
TO
THESE
TERMS.
TERMS
AND
CONDITIONS
1.
GRANT
OF
LICENSE
SUBJECT
TO
THE
TERMS
AND
CONDITIONS
SET
FORTH
HEREIN,
LINE
6,
INC.,
{"LINE
6")
GRANTS
YOU
AN
INDIVIDUAL,
PERSONAL
NON-SU-
BLICENSABLE,
NONEXCLUSIVE
LICENSE
TO
USE
ONE
{1)
COPY
OF
THE
SOFTWARE,
IN
OBJECT
CODE
FORM
ONLY
AND
ONLY
IN
ACCORDANCE
WITH
THE
APPLICABLE
END
USER
DOCUMENTATION,
IF
ANY
{THE
"LICENSE").
YOU
WILL
NOT,
DIRECRY
OR
INDIRECRY,
REVERSE
ENGINEER,
DECOMPILE,
DISASSEMBLE
OR
OTHERWISE
AITEMPT
TO
DISCOVER
THE
SOURCE
CODE
OR
UNDERLYING
IDEAS
OR
ALGORITHMS
OF
THE
SOFTWARE;
MODIFY,
TRANSLATE,
OR
CREATE
DERIVATIVE
WORKS
BASED
ON
THE
SOFTWARE;
OR
COPY
{EXCEPT
FOR
ARCHIVAL
PURPOSES),
RENT,
LEASE,
DISTRIBUTE,
ASSIGN,
OR
OTHERWISE
TRANSFER
RIGHTS
TO
THE
SOFTWARE;
USE
THE
SOFTWARE
FOR
TIMESHARING
OR
SERVICE
BUREAU
PURPOSES
OR
OTHERWISE
FOR
THE
BENEFIT
OF
A
THIRD
PARTY;
OR
REMOVE
ANY
PROPRIETARY
NOTICES
OR
LABELS
ON
THE
SOFTWARE.
AS
BETWEEN
THE
PARTIES,
YOU
ACKNOWLEDGE
THAT
LINE
6
AND
ITS
LICENSORS
RETAIN
OWNERSHIP
OF
THE
SOFTWARE,
ANY
PORTIONS
OR
COPIES
THEREOF,
AND
ALL
RIGHTS
THEREIN
THROUGHOUT
THE
WORLD.
UPON
TERMINATION
OF
THIS
AGREEMENT
FOR
ANY
REASON,
THE
LICENSE
AND
ALL
RIGHTS
GRANTED
TO
YOU
UNDER
THIS
AGREEMENT
WILL
TERMINATE
AND
YOU
WILL
CEASE
TO
USE
AND
DESTROY
THE
SOFTWARE.
YOU
MAY
PERMANENRY
TRANSFER
THE
RIGHTS
GRANTED
TO
YOU
UNDER
THIS
AGREEMENT
ONLY
AS
PART
OF
A
PERMANENT
SALE
OR
TRANSFER
OF
THE
HARDWARE
DEVICE
CONTAINING
THE
SOFTWARE,
AND
ONLY
IF
THE
RECIPIENT
AGREES
TO
BE
BOUND
BY
THE
TERMS
AND
CONDITIONS
OF
THIS
AGREEMENT.
THE
SOFTWARE
IS
PROVIDED
AS
IS
AND
SUBJECT
TO
THE
WARRANTY
DISCLAIMERS
AND
LIMITATIONS
OF
LIABILITY
SET
FORTH
BELOW.
2.
"BETA"
VERSIONS
YOU
ACKNOWLEDGE
AND
AGREE
THAT
THE
SOFTWARE
IDENTIFIED
AS
A
"BETA"
VERSION
MAY
CONTAIN
BUGS,
DEFECTS
OR
LIMITED
FUNCTIONALITY
AND
THE
PRIMARY
PURPOSE
OF
PROVIDING
IT
TO
YOU
HEREUNDER
IS
TO
OBTAIN
FEEDBACK
ON
THE
SOFTWARE'S
PERFORMANCE
AND
THE
IDENTIFICATION
OF
DEFECTS.
YOU
FURTHER
ACKNOWLEDGE
AND
AGREE
THAT
"BETA"
VERSIONS
HAVE
NOT
BEEN
FULLY
TESTED
AND
MAY
INCLUDE
FEATURES
OR
FUNCTIONALITY
CURRENTLY
UNDER
DEVELOPMENT
THAT
IS
NOT
SUPPORTED
BY
LINE
6
AND
THAT
SECTION
4
BELOW
DOES
NOT
APPLY.
YOU
ARE
ADVISED
TO
SAFEGUARD
IMPORTANT
DATA,
TO
USE
CAUTION
AND
NOT
TO
RELY
IN
ANY
WAY
ON
THE
CORRECT
FUNCTIONING
OR
PERFORMANCE
OF
"BETA"
SOFTWARE
AND/OR
ACCOMPANYING
MATERIALS.
UPON
RELEASE
BY
LINE
6
OF
A
COMMERCIAL
VERSION
OF
THE
SOFTWARE,
YOU
AGREE
TO
RETURN
OR
DESTROY
THE
"BETA"
VERSION
OF
SUCH
SOFTWARE.
3.
RESTRICTIONS
YOU
WILL
ONLY
USE
THE
SOFTWARE
FOR
LAWFUL
PURPOSES
AND
IN
COMPLIANCE
WITH
ALL
APPLICABLE
LAWS.
YOU
HEREBY
AGREE
TO
DEFEND
AND
INDEMNIFY
LINE
6
AGAINST
ANY
CLAIM
OR
ACTION
THAT
ARISES
FROM
YOUR
USE
OF
THE
SOFTWARE
IN
AN
UNLAWFUL
MANNER.
4.
SUPPORT
SUBJECT
TO
THE
TERMS
HEREOF,
LINE
6
WILL
PROVIDE
YOU
WITH
TELEPHONE
AND
E-MAIL
SUPPORT
SERVICES
FOR
THE
SOFTWARE.
UNDER
NO
CIRCUMSTANCES
WILL
LINE
6
HAVE
ANY
OBLIGATION
TO
PROVIDE
YOU
WITH
HARD-COPY
DOCUMENTATION,
UPGRADES,
ENHANCEMENTS,
MODIFICATIONS,
OR
TOLL
FREE
TELEPHONE
SUPPORT
FOR
THE
SOFTWARE.
5.
TERMINATION
THIS
AGREEMENT
IS
EFFECTIVE
UNTIL
TERMINATED.
EITHER
PARTY
MAY
TERMINATE
THIS
AGREEMENT
UPON
WRITTEN
NOTICE
TO
THE
OTHER
PARTY.
LINE
6
MAY
ALSO
TERMINATE
THIS
AGREEMENT
IMMEDIATELY,
WITHOUT
PRIOR
NOTICE
OR
LIABILITY,
IF
YOU
BREACH
ANY
OF
THE
TERMS
OR
CONDITIONS
OF
THIS
AGREEMENT.
ALL
SECTIONS
OF
THIS
AGREEMENT
WHICH
BY
THEIR
NATURE
SHOULD
SURVIVE
TERMINATION
WILL
SURVIVE
TERMINATION,
INCLUDING,
WITHOUT
LIMITATION,
WARRANTY
DISCLAIMERS
AND
LIMITATIONS
OF
LIABILITY.
6.
WARRANTY DISCLAIMER
THE SOFTWARE
AND
ANY ACCOMPANYING DOCUMENTATION IS PROVIDED ON AN
"AS
IS"
"AS
AVAILABLE" BASIS WITHOUT WARRANTY OF
ANY
KIND
TO
THE EXTENT AUTHORIZED
BY
LAW.
LINE 6 DISCLAIMS
ANY
AND
ALL
WARRANTIES, WHETHER
ORAL
OR WRITTEN, EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR
A PARTICULAR PURPOSE,
AND
NON-INFRINGEMENT. LINE 6
AND
ITS LICENSORS
ASSUME
NO
RESPONSIBILITY FOR ANY DAMAGES SUFFERED
BY
YOU, INCLUDING, WITHOUT
LIMITATION, LOSS OF
DATA
AND
ITEMS OR MATERIALS FROM ERRORS OR OTHER MALFUNCTIONS
WHETHER CAUSED
BY
LINE 6 OR
BY
YOUR OWN ERRORS OR OMISSIONS. LINE 6 DOES NOT
WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE
SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT DEFECTS
WILL
BE CORRECTED.
YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED
RESULTS,
AND
FOR THE RESULTS OBTAINED FROM YOUR USE
OF
THE SOFTWARE. YOU SHALL
BEAR
THE
ENTIRE RISK AS TO THE QUALITY
AND
THE PERFORMANCE OF THE SOFTWARE.
7.
LIMITATION
OF
LIABILITY
NOTWITHSTANDING
ANYTHING
CONTAINED
IN
THIS
AGREEMENT
OR
OTHERWISE,
LINE
6
WILL
NOT
BE
LIABLE
WITH
RESPECT
TO
THE
SUBJECT
MATTER
OF
THIS
AGREEMENT
UNDER
ANY
CONTRACT,
NEGLIGENCE,
MISREPRESENTATION,
STRICT
LIABILITY
OR
OTHER
LEGAL
OR
EQUITABLE
THEORY
FOR
ANY
INCIDENTAL,
CONSEQUENTIAL,
EXEMPLARY
OR
PUNITIVE
DAMAGES
OF
ANY
KIND
TO
THE
EXTENT
AUTHORIZED
BY
LAW.
IN
NO
EVENT
WILL
LINE
6
BE
OBLIGATED,
CONTRACTUALLY
OR
OTHERWISE,
TO
INDEMNIFY
YOU
FOR
ANY
LOSSES
THAT
YOU
MAY
INCUR
IN
CONNECTION
WITH
THE
SOFTWARE.
THE
AVAILABILITY
OF
"BETA"
VERSIONS
OF
THE
SOFTWARE
DOES
NOT
CREATE
ANY
OBLIGATION
FOR
LINE
6
TO
CONTINUE
TO
DEVELOP,
SUPPORT,
REPAIR,
OFFER
FOR
SALE
OR
IN
ANY
OTHER
WAY
CONTINUE
TO
PROVIDE
THE
SOFTWARE
IN
"BETA"
FORM
OR
FUTURE
VERSIONS
THEREOF.
8.
EXPORT
RESTRICTIONS
YOU
ACKNOWLEDGE
THAT
THE
SOFTWARE,
OR
ANY
PART
THEREOF,
OR
ANY
PROCESS
OR
SERVICE
THAT
IS
THE
DIRECT
PRODUCT
OF
THE
SOFTWARE
(THE
FOREGOING
COLLECTIVELY
REFERRED
TO
AS
THE
"RESTRICTED
COMPONENTS")
ARE
OF
U.S.
ORIGIN.
YOU
AGREE
TO
COMPLY
WITH
ALL
APPLICABLE
INTERNATIONAL
AND
NATIONAL
LAWS
THAT
APPLY
TO
THESE
PRODUCTS,
INCLUDING
THE
U.S.
EXPORT
ADMINISTRATION
REGULATIONS,
AS
WELL
AS
END-USER,
END-USE
AND
DESTINATION
RESTRICTIONS
ISSUED
BY
U.S.
AND
OTHER
GOVERNMENTS.
9.
MISCELLANEOUS
THE
FAILURE
OF
EITHER
PARTY
TO
EXERCISE
IN
ANY
RESPECT
ANY
RIGHT
PROVIDED
FOR
HEREIN
WILL
NOT
BE
DEEMED
A
WAIVER
OF
ANY
FURTHER
RIGHTS
HEREUNDER.
IF
ANY
PROVISION
OF
THIS
AGREEMENT
IS
FOUND
TO
BE
UNENFORCEABLE
OR
INVALID,
THAT
PROVISION
WILL
BE
LIMITED
OR
ELIMINATED
TO
THE
MINIMUM
EXTENT
NECESSARY
SO
THAT
THIS
AGREEMENT
WILL
OTHERWISE
REMAIN
IN
FULL
FORCE
AND
EFFECT
AND
ENFORCEABLE.
THIS
AGREEMENT
WILL
BE
GOVERNED
BY
AND
CONSTRUED
IN
ACCORDANCE
WITH
THE
LAWS
OF
THE
STATE
OF
CALIFORNIA
WITHOUT
REGARD
TO
THE
CONFLICT
OF
LAWS
PROVISIONS
THEREOF.
BOTH
PARTIES
AGREE
THAT
THIS
AGREEMENT
IS
THE
COMPLETE
AND
EXCLUSIVE
STATEMENT
OF
THE
MUTUAL
UNDERSTANDING
OF
THE
PARTIES
AND
SUPERSEDES
AND
CANCELS
ALL
PREVIOUS
WRITTEN
AND
ORAL
AGREEMENTS,
COMMUNICATIONS
AND
OTHER
UNDERSTANDINGS
RELATING
TO
THE
SUBJECT
MATTER
OF
THIS
AGREEMENT
AND
THAT
ALL
MODIFICATIONS
MUST
BE
IN
A
WRITING
SIGNED
BY
BOTH
PARTIES,
EXCEPT
AS
OTHERWISE
PROVIDED
HEREIN.
NO
AGENCY,
PARTNERSHIP,
JOINT
VENTURE,
OR
EMPLOYMENT
IS
CREATED
AS
A
RESULT
OF
THIS
AGREEMENT
AND
YOU
DO
NOT
HAVE
ANY
AUTHORITY
OF
ANY
KIND
TO
BIND
LINE
6
IN
ANY
RESPECT
WHATSOEVER.
ALL
NOTICES
UNDER
THIS
AGREEMENT
WILL
BE
IN
WRITING
AND
WILL
BE
DEEMED
TO
HAVE
BEEN
DULY
GIVEN
WHEN
RECEIVED,
IF
PERSONALLY
DELIVERED;
THE
DAY
AFTER
IT
IS
SENT,
IF
SENT
FOR
NEXT
DAY
DELIVERY
BY
RECOGNIZED
OVERNIGHT
DELIVERY
SERVICE;
AND
UPON
RECEIPT,
IF
SENT
BY
CERTIFIED
OR
REGISTERED
MAIL,
RETURN
RECEIPT
REQUESTED.
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