BY CLICKING ON THE "I ACCEPT" BUTTON BELOW, AND BY DOWNLOADING, INSTALLING AND USING THE PROPRIETARY COMPUTER SOFTWARE APPLICATION KNOWN AS TAPRATS ON YOUR PERSONAL COMPUTER, YOU ARE ACCEPTNG THE TERMS OF THIS AGREEMENT (THE "AGREEMENT"). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT CLICK THE "I ACCEPT" BUTTON OR USE TAPRATS.
1.1 Use. Subject to the terms and conditions of this Agreement, you will have a non-exclusive, non-transferable license, to download, install, display, and use one copy of Taprats on your personal computer solely for personal entertainment, and academic research during the term of this Agreement. Commercial exploitation of anything created with the aid of Taprats, including graphic designs, computer files, or patterns, is not permitted under this license.
You agree that you will not, and will not permit any third party, to (i) reverse engineer, reverse assemble, or attempt to discover the source code of any portion of Taprats; (ii) copy, reproduce, modify, or create derivative works of any portion of Taprats; (iii) transfer Taprats from the hard drive of your personal computer to the hard drive of other personal computers, and (iv) sublicense, distribute for money or other consideration, or otherwise commercially exploit, assign or transfer Taprats.
From time to time, error corrections and bug fixes to Taprats ("Updates") and modifications and new versions of Taprats ("Upgrades") will be made available to you on the Taprats Web Site. Such Updates and Upgrades shall be deemed to be part of Taprats and shall be governed by the terms of this Agreement. Nothing herein shall be construed as a representation that Updates and Upgrades will be made available.
All worldwide rights, title and interest, including, without limitation, all copyrights, patents, trademarks, moral rights, contract and licensing rights, and all other intellectual and proprietary rights of any kind as may now exist, or hereafter come into existence, and all renewals and extensions thereof, regardless of whether such rights arise under the laws of the United States, or any other jurisdiction ("Intellectual Property Rights") in Taprats will at all times remain with the party granting you this license (the "Licensor"). Nothing herein will give, or be deemed to give you any right, title or interest, including any worldwide Intellectual Property Rights, in or to Taprats, except as specifically provided in this Agreement.
Taprats is provided to you "AS IS" and "WITH ALL FAULTS." THERE ARE NO WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES AND TITLE, REGARDING TAPRATS. YOU ACKNOWLEDGE AND AGREE THAT THERE IS NO WARRANTY THAT TAPRATS WILL SATISFY YOUR REQUIREMENTS OR WILL BE WITHOUT DEFECT OR ERROR.
I acknowledge that any violation of this Agreement by me will cause irreparable injury to Licensor, and that Licensor shall be entitled to extraordinary relief in court, including, but not limited to, temporary restraining orders, preliminary injunctions and permanent injunctions, without the necessity of posting bond or security, in addition to all other equitable and legal remedies.
As consideration for using Taprats, you acknowledge and agree to provide substantive information and feedback to Licensor about Taprats ("Feedback") at Licensor's request. Feedback will include, among other things, a description of any errors you discover while using Taprats and suggestions for improving Taprats. You agree to respond to email requests for Feedback within a reasonable period of time, and hereby grant the right to use the text of the Feedback and the ideas expressed within to Licensor, for use in Taprats and any future project.
IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, TAPRATS, OR YOUR INABILITY TO USE TAPRATS.
This Agreement will be governed by and construed in accordance with the laws of the State of Washington, without regard for its conflicts of laws principles. The exclusive jurisdiction and venue for any action arising out of or related to this Agreement will lie in a state or federal court in King County, Washington, and the parties irrevocably agree to submit to the exclusive jurisdiction and venue of such court. This Agreement constitutes the entire Agreement pertaining to its subject matter, and supersedes all prior or contemporaneous understandings.
Gray Cary\SE\9019104.3 9999998-999999