Surfing MachineTM SM-100 4
3. Minimum End-User Software License Terms
Each end-user sublicense agreement contains termsthatare
legally sufficientto declare the following:
a) The end-user is authorized to make one copy of the
licensed software to be used for back-up purposes only.
b) Further copying is prohibited.
c) Transfer of the licensed software is prohibited.
d) Reverse assembly, reverse compilation, or other
translation of licensed software or any portion thereof is
prohibited.
e) Export of the licensed software in violation of United
States and other national laws is prohibited.
Each end-user sublicense agreement also includes the
following statements or their equivalents:
a) "The software provided hereunder is copyrighted and
licensed (not sold). HighSpeed Surfing, Inc. (HSSTM
),
expressly does not transfer title or any ownership rights
of the software to end user."
b) "The software provided hereunder may contain or be
derived from portions of materials provided to HSSTM
under license by a third-party supplier."
HIGHSPEED SURFING (HSS™) AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
WITH RESPECT TO THE USE OF THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT.
NEITHER LICENSOR OR ITS LICENSORS OR SUPPLIERS SHALL BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, LOSS OF DATA OR THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY, OR SERVICES. ALL LIABILITY UNDER THIS
AGREEMENT IS CUMULATIVE AND NOT PER INCIDENT. THIS LIMITATION WILL APPLY
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED
HEREIN.
c) "In no event shall HSS™or its suppliers be liable for
special, incidental, consequential, or punitive damages,
including, without limitation, damages for lost profits or
data, even if such damages were foreseeable."
d) "The limitations on liability set forth in this agreement are
cumulative and are intended and acknowledged by end
user to benefit HSS™ and third-party suppliers. "