250 lines
12 KiB
Plaintext
250 lines
12 KiB
Plaintext
Chilkat Software License
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PLEASE READ THIS AGREEMENT BEFORE OPENING THIS SOFTWARE
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PACKAGE. IF YOU OPEN THIS PACKAGE OR KEEP IT FOR MORE THAN
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THIRTY (30) DAYS, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF
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THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND
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CONDITIONS, DO NOT OPEN THIS SOFTWARE PACKAGE. YOU MAY ONLY
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UNLOCK AND/OR USE THE SOFTWARE FOR WHICH YOU HAVE A PAID- UP
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LICENSE OR FOR WHICH YOU HAVE LEGALLY RECEIVED AN UNLOCK
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KEY.
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(1) DEFINITION OF TERMS
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"Documentation": any explanatory written or on- line
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material including, but not limited to, user guides,
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reference manuals and HTML files.
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"Licensee": shall refer to the individual licensee, whether
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as an individual programmer, company, or other organization.
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"Software": All material in this distribution including, but
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not limited to, one or more of the following: source code,
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object code, byte code, dynamic-link libraries, shared
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libraries, static libraries, header files, executables,
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scripts, sample programs, utility programs, makefiles and
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Documentation.
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"Licensed Software": the Software for which Licensee has
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paid the applicable license fee and received an authorized
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unlock key.
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"Software Application Programming Interface ("API")": the
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set of access methods, whether provided by Chilkat Software,
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third parties, or developed by Licensee, through which the
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programmatic services provided by the Licensed Software are
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made available.
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"End-User Software Product": an application developed by
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Licensee intended for execution on a computer, that makes
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use of the Licensed Software in its implementation.
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The Licensed Software contains certain runtime libraries and
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files intended for duplication and distribution by Licensee
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within End User Software Products to the user(s) of the End
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User Software Product(s) (the "Redistributable Components").
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The Redistributable Components are those files specifically
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designated as being distributable as part of the Licensed
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Software.
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SPECIAL LIMITED TERM EVALUATION LICENSE
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If Licensee has been provided with a copy of the Software
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for evaluation purposes, Chilkat Software, Inc. ("Chilkat")
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grants to Licensee, subject to the terms of this Single User
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License Agreement (excluding Section 3, under which Licensee
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has no rights) a non-exclusive, non- transferable, non-
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concurrent limited internal use license for evaluation
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purposes only. This license is for a period of thirty (30)
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days, commencing upon receipt of the Software, or, if
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received electronically, from Licensee's initial downloading
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date, to evaluate the Software. If the Software is
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acceptable, Licensee agrees to promptly notify his Chilkat
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Sales Representative. Otherwise, Licensee shall immediately
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cease any further use of the Software and destroy all copies
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of the Software (including the original) and related
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Documentation provided to Licensee by Chilkat.
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(2) GENERAL
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The Software is owned by Chilkat Software, Inc. ("Chilkat")
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and is protected by U.S. copyright laws and other laws and
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by international treaties. It is intended for use by a
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software programmer who has experience using development
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tools and class libraries.
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(3) LICENSE GRANTS
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(a) Per-developer license. Subject to the terms and conditions of this Agreement ,
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Chilkat grants to Licensee the perpetual, non-exclusive, non-transferable, world-wide
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license for one (1) developer to (i) install and use the Licensed Software on any
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number of computers, and (ii) use the associated user documentation and online help.
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(b) Site-wide license. If you have purchased a site-wide license, the following rights
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apply notwithstanding section 3(a): Subject to the terms and conditions of this Agreement
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, Chilkat grants to Licensee the perpetual, non-exclusive, non-transferable, world-wide
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license for any number of developers at a single Licensee's office location to (i)
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install the Licensed Software on any number of computers across Licensee's enterprise,
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and (ii) use the associated user documentation and online help.
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(c) Licensee may also:
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(i) Make one backup copy of the Licensed Software solely for archival and
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disaster-recovery purposes, or transfer the Licensed Software to a hard disk and
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keep the original copy solely for archival and disaster-recovery purposes; and
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(ii) Reproduce and distribute the Redistributable Components directly or indirectly for
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any number of applications to any number of end users and Licensee's Authorized OEMs,
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VARs and Distributors, through customary distribution channels, world wide, on a royalty
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free basis provided that such distribution is (i) in conjunction with an End User
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Software Product developed by Licensee using the Licensed Software and (ii) the Licensed
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Software is not the sole or primary component of such End User Software Product.
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(iii) The license rights granted under this Agreement do not apply to development and
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distribution of software development products or toolkits of any kind that are destined
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to be used by software developers other than Licensee(s) that are Authorized.
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Licensee has no rights to use the Licensed Software beyond those specifically granted
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in this section.
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(4) LICENSE RESTRICTIONS
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EXPORT CONTROLS: If the Software is for use outside the
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United States of America, Licensee agrees to comply with all
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relevant regulations of the United States Department of
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Commerce and with the United States Export Administration
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Act to insure that the Software is not exported in violation
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of United States law.
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Notwithstanding any provisions in this Agreement to the
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contrary, Licensee may not distribute any portion of the
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Software other than the Redistributable Components.
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In addition, Licensee may not decompile, disassemble, or
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reverse engineer any object code form of any portion of the
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Software.
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(5) TITLE
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Licensee acknowledges and agrees that all right, title and
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interest in and to the Software, including all intellectual
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property rights therein, are the property of Chilkat,
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subject only to the licenses granted to Licensee under this
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Agreement. This Agreement is not a sale and does not
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transfer to the Licensee any title or ownership in or to the
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Software or any patent, copyright, trade secret, trade name,
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trademark or other proprietary or intellectual property
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rights related thereto.
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(6) NON-TRANSFERABILITY
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Except for Licensee's rights to distribute the
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Redistributable Components, Licensee may not rent, transfer,
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assign, sublicense or grant any rights in the Software, in
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full or in part, to any other person or entity without
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Chilkat's written consent, except that this agreement may be
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assigned to a successor of Licensee in the case that all or
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substantially all of the assets or equity of Licensee are
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acquired by the successor.
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(7) LIMITED WARRANTIES
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Chilkat warrants to Licensee that the Licensed Software will
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substantially perform the functions described in the
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Documentation for a period of thirty (30) days after the
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date of delivery of the Licensed Software to Licensee.
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Chilkat's sole and exclusive obligation, and Licensee's sole
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and exclusive remedy, under this warranty is limited to
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Chilkat's using reasonable efforts to correct material,
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documented, reproducible defects in the Licensed Software
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that Licensee describes and documents to Chilkat during the
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thirty (30) day warranty period. In the event that Chilkat
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fails to correct a material, documented, reproducible defect
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during this period, Chilkat may, at Chilkat's discretion,
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replace the defective Licensed Software or refund to
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Licensee the amount that Licensee paid Chilkat for the
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defective Licensed Software and cancel this Agreement and
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the licenses granted herein. In such event, Licensee agrees
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to return to Chilkat all copies of the Licensed Software
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(including the original).
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EXCEPT AS EXPRESSLY SET FORTH ABOVE, CHILKAT EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES,
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EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT,
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MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, RESULTS, OR OTHERWISE
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(8) LIMITATION OF LIABILITY
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IN NO EVENT SHALL CHILKAT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL,
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INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, REVENUES,
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DATA OR OTHER ECONOMIC ADVANTAGE) WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY,
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EVEN IF CHILKAT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING,
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THE TOTAL AMOUNT OF CHILKAT'S LIABILITY TO LICENSEE SHALL BE LIMITED TO THE AMOUNT USER PAID
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FOR THE USE OF THE SOFTWARE, IF ANY.
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(9) TERMINATION
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Chilkat reserves the right, at its sole discretion, to
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terminate this Agreement upon written notice if Licensee has
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breached the terms and conditions hereof. Licensee may
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terminate this Agreement at any time by ceasing to use the
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Licensed Software and by destroying all copies of the
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Licensed Software (including the original). Sections 4, 5,
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6, 7, 8, 9 and 10 survive any termination of this Agreement
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and apply fully to any termination. Unless terminated as
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provided herein by either party, this Agreement shall remain
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in effect. Termination will not affect end user licenses of
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the End User Software Product which contain the
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Redistributable Components which were distributed by
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Licensee prior to termination.
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(10) MISCELLANEOUS
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Applicable Law and Jurisdiction. This Agreement will be
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governed by and construed in accordance with the laws of the
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State of Illinois without regard to conflict of laws
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principles and without regard to the 1980 U.N. Convention on
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Contracts for the International Sale of Goods. The federal
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and state courts of Illinois shall have exclusive
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jurisdiction and venue to adjudicate any dispute arising out
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of this Agreement, and Licensee expressly consents to (i)
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the personal jurisdiction of the state and federal courts of
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Illinois, and (ii) service of process being effected upon
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Licensee by registered mail.
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Limitation of Actions. No action, regardless of form, may be
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brought by either party more than twelve (12) months after
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the cause of action has arisen. No such claim may be brought unless
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Chilkat has first been given commercially reasonable notice,
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a full written explanation of all pertinent details
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(including copies of all materials), and a good faith
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opportunity to resolve the matter.
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Invalidity and Waiver. Should any provision of this
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Agreement be held by a court of law to be illegal, invalid,
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or unenforceable, the legality, validity, and enforceability
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of the remaining provisions of this Agreement will not be
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affected or impaired thereby. The failure of any party to
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enforce any of the terms or conditions of this Agreement,
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unless waived in writing, will not constitute a waiver of
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that party's right to enforce each and every term and
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condition of this Agreement.
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U.S. Government Restricted Rights. The Licensed Software is
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provided with Restricted Rights. Use, duplication, or
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disclosure by the Government is subject to restrictions as
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set forth in subparagraph (c) (1) (ii) of The Rights in
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Technical Data and Computer Software clause at DFARS
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252.227-7013 or subparagraphs (c) (1) and (2) of the
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Commercial Computer Software Restricted Rights at 48 CFR
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52.227- 19, as applicable. Manufacturer is Chilkat Software,
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Inc., 1719 E Forest Ave, Wheaton, Illinois 60187 USA.
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LICENSEE ACKNOWLEDGES THAT HE HAS READ THIS AGREEMENT,
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UNDERSTANDS IT AND AGREES TO BE BOUND BY ITS TERMS AND
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CONDITIONS. LICENSEE FURTHER AGREES THAT IT IS THE COMPLETE
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AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN LICENSEE
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AND CHILKAT WHICH SUPERSEDES ANY PROPOSAL OR PRIOR OR
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CONTEMPORANEOUS AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER
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COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THIS
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AGREEMENT
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