LizardTech Computer Software License Agreement for
DjVu Browser Plug-in
NOTICE TO USER: THIS IS A CONTRACT
LizardTech is willing to license the enclosed Software and Related Materials to You on the condition that You accept all of the terms and conditions contained in this License Agreement ("Agreement"). Please read the terms and conditions carefully before installing or using the software. By installing or using the software, You are indicating Your acceptance of the LizardTech software license Agreement. If You do not agree to the terms of this Agreement, LizardTech is unwilling to license the software to You. In that event, You should not download, load, install, run, copy or otherwise use the Software.
1. Scope of Permitted Use. In this Agreement, "Software" shall mean the machine readable software program and associated files known as DjVu Browser Plug-in, any modified versions, upgrades or other copies of such programs and files, and any associated media and printed materials. "You" or "Your" shall mean the licensee. You have the nonexclusive right to install, use and distribute the Software. You shall not sell, rent, sublicense, or otherwise provide third parties access to any version(s) of the Software or Related Materials, or Licensee's rights under this Agreement for commercial gain.
You are permitted to copy and redistribute the Software, as provided herein. In the event of any such permissible copying of Software Your copy must include all the intact files that came with the Software, including without limitation the installer. If Your copy is stored on any form of tangible media, You must affix a permanent label stating:
This Software is property of LizardTech, Inc. Copyright (c) 1999-2004, LizardTech, Inc., 1008 Western Ave., Suite 200, Seattle, WA 98104. All rights reserved. Use permitted only under license from LizardTech, Inc.
2. Proprietary Rights. The Software is owned by LizardTech and/or its suppliers and You acknowledge that the structure, organization, and code to the Software are the property and valuable trade secrets of LizardTech and are protected by United States Copyright Law and International Treaty provisions. The Software is protected by U.S. Patent No. 6,058,214. You agree not to translate, decompile, disassemble, modify, reverse engineer, or otherwise attempt to discover the source code of the Software, in whole or in part.
This software is based in part on the work of the Independent JPEG Group.
3. No Other Rights. LizardTech retains title and ownership to any and all copies of the Software whether transmitted electronically or on tangible media, and all subsequent copies of the Software, regardless of the form or media in or on which such copies may exist. Except as expressly stated herein, this Agreement does not grant You any rights to patents, copyrights, trade secrets, trademarks, or any other rights with respect to the Software.
4. Term. This Agreement is effective until terminated. This Agreement shall terminate automatically and without notice upon Your failure to comply with any of its terms. Upon any such termination You must destroy the original and any copies of the Software. However, You agree that any provisions of this Agreement that operate to protect LizardTech shall remain in force.
5. NO WARRANTY. This Software is delivered to You AS IS. LizardTech makes no warranty as to its use or performance. LIZARDTECH AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY YOUR USE, OR INABILITY TO USE, OF THE SOFTWARE OR THE DOCUMENTATION. LIZARDTECH MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL LIZARDTECH BE LIABLE TO YOU FOR ANY CONSEQUENTIAL OR INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFITS OR OPPORTUNITIES, EVEN IF A LIZARDTECH REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states may not allow the above exclusion or limitation of warranties, remedies or damages, so the above exclusions or limitations may not apply to You. This warranty gives You specific legal rights. You may have other rights that vary from state to state or province to province. For further warranty information, contact LizardTech.
7. Support. This Software is provided without support or maintenance of any kind, except such help resources as LizardTech may elect, in its sole discretion, to make publicly available on its Website.
8. WARNING. This Software is not designed nor tested for a level of reliability suitable for use in any information system the failure of which can reasonably be expected to cause personal injury. The Software may contain bugs and inaccuracies and You could experience errors, anomalies, and incorrect results under normal use. You agree to take precautions to offset these risks such as to maintain full backups of storage media and to not use the Software where personal injury or property damage may result. LizardTech recommends that you retain the original image files or documents from which You create DjVu -formatted files.
9. Governing Law. This Agreement will be governed by the laws in force in the State of Washington, U.S.A. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
10. Export Control. You agree that the Software will not be shipped, transferred, or exported or reexported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions, or regulations. Specifically, and without limitation, You agree that the Software will not be downloaded or otherwise exported or reexported to (or to a national or resident of) Cuba, Iraq, Sudan, North Korea, Iran, Syria or any other country or person to which the United States has embargoed goods. By agreeing to this Agreement, You are certifying that You are not national of one of these countries, or otherwise a person with whom the U.S. government has prohibited trade.
11. Entire Agreement. You acknowledge that You have read this Agreement, understand it and that it is the complete and exclusive statement of Your Agreement with LizardTech which supersedes any prior Agreement, oral or written, between LizardTech and You. No variation of the terms of this Agreement will be enforceable against LizardTech unless LizardTech gives its express consent, in writing signed by an officer of LizardTech.
Copyright (c) 2004 LizardTech, Inc., 1008 Western AVE., Suite 200, Seattle, WA 98104. All Rights Reserved.
DjVu is a registered trademark of LizardTech, Inc. Unauthorized use prohibited.
(DjVu Browser Plug-in w/ auto-installer, 9/16/04)