iMetaSearch distribution permissions and end-user license agreement

PUFFINWARE LLC SOFTWARE LICENSE AGREEMENT

IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE OPENING
THE ACCOMPANYING SOFTWARE PACKAGE (THE "SOFTWARE") OR
CONTINUING WITH THE INSTALLATION PROCESS OF THE SOFTWARE. BY
CLICKING ON THE "YES" OR "ACCEPT" BUTTON, OR BY OPENING THE
SOFTWARE PACKAGE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS
AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS
AGREEMENT, CLICK THE "NO" OR "DECLINE" BUTTON TO TERMINATE THE
INSTALLATION PROCESS OR PROMPTLY RETURN THE UNOPENED PACKAGE
AND THE REST OF THE PRODUCT TO YOUR SUPPLIER FOR A FULL
REFUND.


1. License. If you have purchased a license to the Software,
Puffinware LLC ("Puffinware") grants you a non-exclusive right
and license to use the Software and the related documentation
(the "Documentation") as set forth in this Agreement. You may
use the Software on a single computer. You may also use the
Software on a second (portable or home) computer so long as
only one copy is used at a time. You may make a single copy of
the Software for backup and archival purposes only provided
that any copy must contain all proprietary notices included in
the original. You may use the Documentation to assist in your
use of the Software. If you download the Software without
physical delivery of Documentation, you may review the
Documentation online, but you may not make further copies of
the Documentation. You own the media on which the Software is
recorded, but not the Software itself or any copy of it. This
license is not a sale of the original or any copy of the
Software.


2. Copying, Transferring or Modifying Software. The Software
contains copyrighted material, trade secrets and other
proprietary intellectual property. You may not permit
concurrent use of the Software unless each user has obtained
an applicable license from Puffinware. You may not permit
other individuals to use the Software except under the terms
listed above. You may not alter, decompile, disassemble,
reverse-engineer, reverse-compile or otherwise derive the
source code equivalent of the Software or display the Software
in human-readable form. You may not modify, translate, rent,
lease, distribute or lend the Software, and you may not sell
to others the right to use the Software on your computer. You
may not remove any proprietary notices or labels on the
Software. You may not copy, transfer, transmit, sublicense or
assign this license or the Software except as expressly
permitted in this Agreement. You agree that the terms of this
paragraph apply to the Software or any portion thereof.


3. Term. If you have purchased a license to the Software,
this Agreement and license are effective from the time you
accept the terms of this Agreement until this Agreement is
terminated. You may terminate this Agreement at any time by
destroying all copies of the Software. This Agreement will
terminate immediately and without further notice if you fail
to comply with any provision of this Agreement. All
obligations of confidentiality and restrictions on use, and
all other provisions that may reasonably be interpreted to
survive termination of this Agreement, will survive
termination of this Agreement for any reason. Upon
termination, you agree to destroy all copies of the Software.


4. Limited Warranty. If you have purchased a license to the
Software, if the Software is delivered using a computer
storage media such as a CD ROM or diskette, Puffinware
warrants that the media on which the Software is furnished
will be free from defects in materials and workmanship under
normal use for thirty (30) days from the date you received the
Software, as shown by your receipt, or until the Software is
modified by you, whichever period is shorter. This warranty
is limited to you and is not transferable. This warranty does
not cover damage caused by improper use or neglect.
Puffinware' entire liability and your exclusive remedy shall
be, at Puffinware's option (i) to replace the defective media;
(ii) to advise you how to achieve substantially the same
functionality with the Software as described in the
Documentation through a procedure different from that set
forth in the Documentation; or (iii) to refund the license fee
you paid for the Software.

If you have obtained an evaluation copy of the Software,
and have not purchased a license to the Software, Puffinware
makes no warranties of any kind with respect to the media (if
any) on which the Software is furnished, and such media is
provided "as is" and without warranties of any kind.


5. Warranty Disclaimers. THE SOFTWARE, THE DOCUMENTATION AND
(EXCEPT AS PROVIDED IN SECTION 4) THE MEDIA UPON WHICH THE
SOFTWARE IS RECORDED (IF ANY) ARE PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

The entire risk as to the quality and performance of the Software
and the Documentation is with you. Should the Software or the
Documentation prove defective, you (and not Puffinware or its
distributors, licensors or dealers) assume the entire cost of
all necessary servicing or repair.

Puffinware does not warrant that the functions contained
in the Software will meet your requirements or operate in the
combination that you may select for use, that the operation of
the Software will be uninterrupted or error free, or that
defects in the Software will be corrected. No oral or written
statement by Puffinware or by a representative of Puffinware
shall create a warranty or increase the scope of this
warranty.

PUFFINWARE DOES NOT WARRANT THE SOFTWARE AGAINST INFRINGEMENT
OR THE LIKE WITH RESPECT TO ANY COPYRIGHT, PATENT, TRADE
SECRET, TRADEMARK OR OTHER PROPRIETARY RIGHT OF ANY THIRD
PARTY AND DOES NOT WARRANT THAT THE SOFTWARE DOES NOT INCLUDE
ANY VIRUS, SOFTWARE ROUTINE OR OTHER SOFTWARE DESIGNATED TO
PERMIT UNAUTHORIZED ACCESS, TO DISABLE, ERASE OR OTHERWISE
HARM SOFTWARE, HARDWARE OR DATA, OR TO PERFORM ANY OTHER SUCH
ACTIONS.

Any warranties that by law survive the foregoing
disclaimers shall terminate ninety (90) days from the date you
received the Software as shown by your receipt.


6. Limitation of Liability. YOUR SOLE REMEDIES AND
PUFFINWARE'S ENTIRE LIABILITY ARE SET FORTH ABOVE. IN NO
EVENT WILL PUFFINWARE OR ITS DISTRIBUTORS OR DEALERS BE LIABLE
FOR DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES
RESULTING FROM THE USE OF THE SOFTWARE, THE INABILITY TO USE
THE SOFTWARE, OR ANY DEFECT IN THE SOFTWARE, INCLUDING ANY
LOST PROFITS, EVEN IF THEY HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE.

You agree that Puffinware and its distributors and dealers
will not be liable for defense or indemnity with respect to
any claim against you by any third party arising from your
possession or use of the Software or the Documentation.

In no event will Puffinware' total liability to you for
all damages, losses, and causes of action (whether in
contract, tort, including negligence, or otherwise) exceed the
amount you paid for this product.

SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY LASTS, AND SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS
WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE
OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

7. Trademark Rights. Puffinware is a registered trademarks used
exclusively by Puffinware. US and foreign Patents may be pending.

8. Export Control Laws. You agree to comply with all laws,
rules and regulations applicable to the export of the Software
or the Documentation. Specifically, you shall not export,
re-export or transship the Software or the Documentation, or
the direct product thereof, in violation of any United States
laws and regulations which may from time to time be
applicable. None of the Software or underlying information or
technology may be downloaded or otherwise exported or
re-exported (i) into (or to a national or resident of) Cuba,
Iran, Iraq, Libya, Serbia, Montenegro, North Korea, Syria or
any other country to which the U.S. has embargoed goods; or
(ii) to anyone on the U.S. Treasury Department's list of
Specially Designated Nationals or the U.S. Commerce
Department's Table of Denial Order. By downloading or using
the Software, you are agreeing to the foregoing and you are
representing and warranting that you are not located in, under
the control of, or a national or resident of any such country
or on any such list.


9. Restricted Rights - US Government Licensees The Software
provided under this agreement is provided with RESTRICTED
RIGHTS. Use, duplication, or disclosure by the Government is
subject to restrictions set forth in subparagraph (c)(1)(ii)
of The Rights in Technical Data and Computer Software clause
at DFARS 252.227-7013, or subparagraphs (c)(1) and (2) of the
Commercial Computer Software -- Restricted Rights at 48 CFR
52.227-19, as applicable. Puffinware LLC, 1164 Smithfield St,
State College, Pennsylvania 16801.


10. Governing Law and Interpretation. This Agreement shall
be interpreted under and governed by the laws of the State of
Pennsylvania, without regard to its rules governing the conflict
of laws. The forum for any action relating to rights and
obligations hereunder shall be in the Pennsylvania state courts or
the Middle District of Pennsylvania within the Third Circuit
Court of Appeals of the United States federal courts.


11. Severability. If any provision of this Agreement is held
illegal or unenforceable by a court or tribunal of competent
jurisdiction, the remaining provisions of this Agreement shall
remain in effect and the invalid provision deemed modified to
the least degree necessary to remedy such invalidity.


12. Entire Agreement. This Agreement is the complete
agreement between Puffinware and you and supersedes all prior
agreements, oral or written, with respect to the subject
matter hereof.


13. Other terms. By accepting this agreement, you represent
that you are at least eighteen (18) years of age, are legally
competent to enter into this agreement, have completely read
this agreement, any published amendments hereto, and
voluntarily accept and agree to its terms and conditions. You
acknowledge that no joint venture, partnership, employment, or
agency relationship exists between you and Puffinware as a
result of your access to or use of Puffinware software or
documentation.

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