Crux License Agreement
Covering Our You-Know-Whats
CRUX TECHNOLOGIES INC. END-USER SOFTWARE LICENSE AGREEMENT
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS
BEFORE USING THE SOFTWARE WHICH CAN BE DOWNLOADED FROM THE
CRUX TECHNOLOGIES, INC WEBSITE, ALONG WITH ANY ACCOMPANYING
DOCUMENTATION (THE SOFTWARE AND ITS DOCUMENTATION WILL BE
REFERRED TO HEREIN AS THE "SOFTWARE").
YOUR USE OF THE SOFTWARE MEANS THAT YOU ACCEPT THESE TERMS AND
CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND
CONDITIONS, THEN CRUX TECHNOLOGIES, INC IS UNWILLING TO LICENSE
THE SOFTWARE TO YOU, AND YOU SHOULD NOT USE THE SOFTWARE.
BY INSTALLING, DOWNLOADING, COPYING, OR OTHERWISE USING THE
SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND
CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT
AUTHORIZED AND MAY NOT USE THE SOFTWARE.
1. SINGLE COPY SOFTWARE LICENSE. The SOFTWARE is copyrighted
and protected by law and international treaty. You may
download the SOFTWARE through a Web browser onto a single
computer for your personal, education or commercial use,
unless specifically licensed to do otherwise by Crux Technologies,
Inc. This is a license, not a transfer of title, and you may not,
nor permit anyone else to, (a) modify the SOFTWARE or use it for
any commercial purpose or public display, performance, sale or
rental; (b) decompile, reverse engineer, or disassemble, modify,
or create derivative works based on the SOFTWARE or the
documentation in whole or in part; (c) remove any copyright or
other Crux Technologies, Inc. proprietary notices; or (d)
transfer the SOFTWARE to another person. You agree to prevent
any copying of the SOFTWARE that you download for your use from
the CRUX TECHNOLOGIES, INC web site.
As a condition to your use of the CRUX TECHNOLOGIES, INC software,
you agree that you will not (i) use the CRUX TECHNOLOGIES, INC
software, or attempt to penetrate, modify or manipulate the
CRUX TECHNOLOGIES, INC software or any of the hardware or software
thereof, in order to invade the privacy of, obtain the identity
of, or obtain any personal information about (including but not
limited to IP addresses of) any CRUX TECHNOLOGIES, INC account holder or user,
or to modify, erase or damage any information contained on the
computer of any user connected to the CRUX TECHNOLOGIES, INC software, or (ii)
reverse engineer any portion of the CRUX TECHNOLOGIES, INC software.
2. OWNERSHIP. The SOFTWARE is copyrighted proprietary
material of Crux Technologies, Inc. and may not be copied,
reproduced, modified, published, uploaded, posted, transmitted,
or distributed in any way, without Crux Technologies, Inc.'s
prior written permission. Except as expressly provided herein,
Crux Technologies, Inc. and its suppliers do not grant any
express or implied right to you under any patents, copyrights,
trademarks, or trade secret information of Crux Technologies,
Inc. or its suppliers.
3. TERMINATION OF THIS LICENSE. Crux Technologies, Inc. may
terminate this license at any time if you are in breach of any
of these terms and conditions of use. Upon such termination you
must and agree to immediately destroy all copies of the SOFTWARE.
4. DISCLAIMER. THE SOFTWARE IS PROVIDED "AS-IS." Crux
Technologies, Inc. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND, EXPRESS OR IMPLIED, AS TO THE SOFTWARE OR ITS OPERATION.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Crux
Technologies, Inc. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY
WARRANTIES OF NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW
OR OTHERWISE GOVERN THE SCOPE OF EXCLUSIONS OF IMPLIED WARRANTIES,
SO THE ABOVE EXCLUSIONS MAY NOT APPLY IN FULL. The SOFTWARE may
contain technical inaccuracies or typographical errors, so changes
and/or updates may be affected without notice. Crux Technologies,
Inc. may also make improvements and/or other changes to the
SOFTWARE at any time without notice.
5. LIMITATION ON DAMAGES. IN NO EVENT SHALL CRUX TECHNOLOGIES, INC.
BE LIABLE TO ANY PARTY FOR DIRECT, INDIRECT, SPECIAL OR OTHER
CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING DIRECTLY OR
INDIRECTLY FROM THE USE OF THE SOFTWARE, INCLUDING BUT NOT
LIMITED TO ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF
PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR
OTHERWISE, EVEN IF CRUX TECHNOLOGIES, INC. HAS BEEN EXPRESSLY ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
6. GOVERNMENT END USERS. If this SOFTWARE is being acquired
on behalf of the United States Government, the following
applies. Use, duplication, or disclosure by the U.S.
Government is subject to restrictions set forth in this
Crux Technologies, Inc. End-User Software License agreement and as
provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS
252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR
52.227-19, or FAR 52.227-14 (ALT III), as applicable.
7. GOVERNING LAW. The web site through which this SOFTWARE
may be downloaded is controlled by Crux Technologies, Inc. from its
facilities in the United States of America. Crux Technologies, Inc.
makes no representations that the SOFTWARE is appropriate or
available for use in other locations. Those who download this
SOFTWARE from other jurisdictions do so at their own volition and
are responsible for compliance with local law. You may not use or
export this SOFTWARE in violation of U.S. exports laws and
regulations. This Agreement and any and all claims relating to the
SOFTWARE shall be governed by the laws of the State of New York,
U.S.A. without regard to or application of choice of law rules or
principles.
8. AMENDMENTS. Crux Technologies, Inc, Inc. may amend these
terms and conditions at any time by a notice on its web site,
which shall be binding upon you; accordingly, we urge you to visit
the CRUX TECHNOLOGIES, INC web site periodically to review the then current and
effective terms and conditions for use of the SOFTWARE, as well
as the CRUX TECHNOLOGIES, INC web site and service. You may not revise or
amend these terms and conditions without the prior written
authorization of an officer of Crux Technologies, Inc. Certain
provisions of these terms and conditions may be superceded by
expressly designated legal notices or terms located within the
CRUX TECHNOLOGIES, INC web site.
9. NO WAIVER. No delay or failure to take action under these
terms and conditions will constitute a waiver by Crux Technologies,
Inc. unless expressly waived in writing by a duly authorized officer
of Crux Technologies, Inc.