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Technologies 'N Typography, Inc. TNTEditorial® (TNTEdit.dot)
LICENSING AGREEMENT
IMPORTANT - READ CAREFULLY: This Technologies 'N Typography,
Inc. End-User License Agreement ("EULA") is a legal agreement
between you (either an individual or a single entity) and Technologies
'N Typography, Inc. ("TNT") for the TNT software product
identified above, which includes computer software and may include
associated media, printed materials, and "online" or electronic
documentation ("TNTEDITORIAL").
TNTEDITORIAL is protected by copyright laws and international copyright
treaties, as well as other intellectual property laws and treaties.
TNTEDITORIAL is licensed, not sold.
Technologies 'N Typography, Inc., 8 Church Street, Merrimac, Massachusetts
(hereinafter referred to as "Licensor") and your company
(hereinafter referred to as "Licensee") and for mutual
consideration, the receipt and sufficiency of which is hereby acknowledged,
agree as follows:
1. Licensor has delivered to Licensee a word processing template
for Licensee's use which software is contained in a set of computer
data files collectively entitled "TNTEdit.dot" (hereinafter
referred to as "TNTEDITORIAL"). Said template maximizes
Licensee's use of its operating system and all its components thereby
assisting Licensee in formatting documents in a consistent fashion.
Licensee is granted a non-exclusive license to use TNTEDITORIAL.
2. It is agreed that all techniques, fonts, documentation, and
processes contained in Licensor's template remain the exclusive
property rights of Licensor and Licensee agrees that it shall not
copy, reproduce, modify, or in any way duplicate all or any part
of Licensor's product without the express written consent of Licensor.
Licensor is the producer and owner of the copyrights, trade secrets
and other proprietary rights in TNTEDITORIAL which contains trade
secrets including but not limited to technical information, design
concepts, processes, procedures, formulae, and algorithms. Licensee
agrees that unauthorized distributing, copying, modifying, duplications,
or otherwise reproducing ALL OR ANY PART of the template provided
by Licensor or the failure to protect such software will actually
and materially damage Licensor. Licensee agrees that in the event
Licensee breaches this agreement, Licensee will be liable for damages
as may be determined by a court of competent jurisdiction. Provided,
however, Licensor agrees that Licensee may make multiple copies
of TNTEDITORIAL for use by Licensee on multiple systems within Licensee's
direct internal operation or for use by any subcontractor or employee
for work performed directly for Licensee.
3. Licensee shall be responsible for maintaining a complete and
accurate log containing the name and address of all individuals
who have been given access to TNTEDITORIAL by Licensee. Licensee
shall supply Licensor with a copy of said log upon request. Licensee
shall be exclusively responsible for the supervision, management,
and control of use of TNTEDITORIAL. Licensee agrees to take appropriate
action by instruction, agreement, or otherwise with employees or
other persons permitted access to TNTEDITORIAL to satisfy its obligations
under this Agreement with respect to use, copying, or availability
of TNTEDITORIAL.
4. Licensor makes no express or implied warranty of any kind with
regard to performance or accuracy of data of any kind nor for any
consequential damages resulting therefrom whether through loss or
inaccuracy of data of any kind nor for any consequential damages
resulting therefrom whether through Licensor's negligence or not.
TNTEDITORIAL AND ANY RELATED DOCUMENTATION IS PROVIDED "AS
IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES
OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE
OF THE SOFTWARE PRODUCT REMAINS WITH YOU.
5. Licensor may, from time to time, revise the performance of its
products and in doing so, incur no obligation to furnish such revisions
to any Licensor customer.
6. U.S. GOVERNMENT RESTRICTED RIGHTS. TNTEDITORIAL is provided
with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government
is subject to restrictions as 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.
Manufacturer is Technologies 'N Typography, Inc./8 Church Street/Merrimac,
MA 01860.
7. EXPORT RESTRICTIONS. You agree that you will not export or re-export
TNTEDITORIAL to any country, person, entity or end user subject
to U.S.A. export restrictions. Restricted countries currently include,
but are not necessarily limited to Cuba, Iran, Iraq, Libya, North
Korea, Sudan, and Syria. You warrant and represent that neither
the U.S.A. Bureau of Export Administration nor any other federal
agency has suspended, revoked or denied your export privileges.
8. If any one or more of the provisions of this Agreement is breached,
the license granted by this Agreement is hereby terminated. Nevertheless,
in the event of such termination, all the provisions of this Agreement
which operate to protect the rights of Licensor shall continue in
force.
9. This Agreement shall be construed in accordance with and governed
by the laws of the Commonwealth of Massachusetts without regard
to conflicts of law principles. Any action or proceeding seeking
to enforce any provision of, or based on any right arising out of,
this Agreement shall be brought against any of the parties in the
Courts of the Commonwealth of Massachusetts.
MISCELLANEOUS
If this product was acquired outside the United States, then local
law may apply.
Should you have any questions concerning this EULA, or if you desire
to contact Technologies 'N Typography, Inc. for any reason, please
contact Technologies 'N Typography, Inc., or write: TNTEditorial
Information / 8 Church Street / Merrimac, MA 01860.
By installing, copying, or otherwise using TNTEDITORIAL , you agree
to be bound by the terms of this EULA. If you do not agree to the
terms of this EULA, do not request a copy of TNTEdit.dot and it
components.
By checking the "I Accept" button below you agree to
abide by the terms and conditions set forth in this End User License
Agreement.
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