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-------------------------------------------------<br>
LOMBOZ(R) SOFTWARE LICENSE AGREEMENT<br>
-------------------------------------------------<br>
<br><br>
OBJECTLEARN(R) ("OBJECTLEARN") IS WILLING TO LICENSE
ITS LOMBOZ SOFTWARE AND THE ACCOMPANYING DOCUMENTATION TO YOU
ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF
THE TERMS IN THIS AGREEMENT. YOU SHOULD CAREFULLY READ THE
FOLLOWING TERMS AND CONDITIONS BEFORE USING, INSTALLING OR
DISTRIBUTING THIS SOFTWARE. IF YOU DO NOT AGREE TO THESE TERMS,
OBJECTLEARN IS UNWILLING TO AND DOES NOT LICENSE THE SOFTWARE
TO YOU. IF YOU DO NOT AGREE TO THESE TERMS YOU MUST
DISCONTINUE TO USE THE SOFTWARE AND DELETE ALL COPIES OF THE
SOFTWARE AND ALL RELATED INFORMATION. ANY USE OF THE SOFTWARE
BY YOU IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH HEREIN.
<br><br>
1. LICENSE. Subject to the terms and conditions of this
License Agreement, OBJECTLEARN hereby grants you a
nonexclusive license to install and use the Software in
machine-readable binary form on single or multiple personal
computers, for use by yourself only. You may copy the
Software only for backup purposes, provided that you
reproduce all copyright and other proprietary notices that
are on the original copy of the Software.
<br><br>
2. RESTRICTIONS. OBJECTLEARN retains all right, title, and
interest in and to the Software, and any rights not
expressly granted to you herein are reserved by OBJECTLEARN.
You may not reverse engineer, disassemble, decompile, or
translate the Software, or otherwise attempt to derive the
source code of the Software, except to the extent (if at
all) expressly permitted under any applicable law. If
applicable law expressly permits such activities, any
information so discovered or derived shall be deemed to be
the confidential proprietary information of OBJECTLEARN and
must be promptly disclosed by you to OBJECTLEARN. Any
attempt to transfer any of the rights, duties or
obligations hereunder is void. You may not rent, lease or
loan the Software. You may not reproduce (except as
expressly permitted under Section 1), distribute, publicly
perform, publicly display, modify or create derivative
works of or based on the Software.
<br><br>
3. LICENSE TO DISTRIBUTE SOFTWARE. Subject to the terms
and conditions of this Agreement, OBJECTLEARN grants you
a non-exclusive, non-transferable, limited license to reproduce and
distribute the Software in binary code form only, provided
that (i) you distribute the Software complete and unmodified
and only bundled as part of, and for the sole purpose of
running, your Programs, (ii) the Programs add significant
and primary functionality to the Software, (iii) you do not
distribute additional software intended to replace any
component(s) of the Software, (iv) you do not remove or
alter any proprietary legends or notices contained in the
Software, (v) you only distribute the Software subject to a
license agreement that protects OBJECTLEARN's interests consistent
with the terms contained in this Agreement, and (vi) you
agree to defend and indemnify OBJECTLEARN and its licensors from and
against any damages, costs, liabilities, settlement amounts
and/or expenses (including attorneys' fees) incurred in
connection with any claim, lawsuit or action by any third
party that arises or results from the use or distribution of
any and all Programs and/or Software. Redistributions of the
software must retain copyright statements and notices.
Redistributions must also contain a copy of this document.
<br><br>
4. NO WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT
THE USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE
SOFTWARE (AND TECHNICAL SUPPORT, IF ANY) IS PROVIDED "AS
IS" AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE
LAWS, OBJECTLEARN AND ANY APPLICABLE LICENSORS (FOR THE
PURPOSES OF SECTIONS 4, 5 AND 6, OBJECTLEARN AND OBJECTLEARN'S
LICENSOR(S) SHALL BE COLLECTIVELY REFERRED TO AS OBJECTLEARN)
EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NONINFRINGEMENT. OBJECTLEARN DOES NOT WARRANT THAT THE
FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR
REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL
BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE
SOFTWARE WILL BE CORRECTED. FURTHERMORE, OBJECTLEARN DOES
NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE
OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS
CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL
OR WRITTEN INFORMATION OR ADVICE GIVEN BY OBJECTLEARN OR ITS
AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN
ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY OR MAY BE
LIMITED.
<br><br>
5. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT
PERMITTED UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES,
INCLUDING NEGLIGENCE, SHALL OBJECTLEARN, ITS AFFILIATES OR
THEIR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE
FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR
CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES
FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS
OF BUSINESS INFORMATION AND THE LIKE) ARISING OUT OF THE USE
OR INABILITY TO USE THE SOFTWARE, EVEN IF OBJECTLEARN OR ITS
AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT
ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION
OR EXCLUSION MAY NOT APPLY. IN NO EVENT SHALL OBJECTLEARN'S
TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES,
CLAIMS AND CAUSES OF ACTIONS (WHETHER IN CONTRACT, TORT,
INCLUDING NEGLIGENCE, OR OTHERWISE) EXCEED THE GREATER OF
THE AMOUNT PAID BY YOU FOR THE SOFTWARE OR $10.
<br><br>
6. INDEMNITY. You agree to defend and indemnify OBJECTLEARN
against all any and all claims, losses, liabilities,
damages, costs and expenses, including attorney's fees,
which OBJECTLEARN may incur as a result of or in connection
with your breach of this Agreement.
<br><br>
7. TERM AND TERMINATION. This Agreement shall continue
until terminated. You may terminate the Agreement at any
time by deleting all copies of the Software and all
related information. This Agreement terminates
immediately and automatically, with or without notice, if
you fail to comply with any provision hereof.
Additionally, OBJECTLEARN may at any time terminate this
Agreement, without cause, upon notice to you. Upon
termination you must delete or destroy all copies of the
Software in your possession. Sections 2 through 6, 8 and
11 survive termination.
<br><br>
8. EXPORT. The Software contains strong encryption that
is subject to the laws and regulations of the US
Government. Licensee agrees and certifies that neither
the Software nor any other technical data received from
OBJECTLEARN, nor the direct product thereof, will be
exported, re-exported, or transferred except as authorized
and as permitted by the laws and regulations of the United
States Government. Prohibited exports include but are not
limited to; the export, re-export, or transfer of the
Software or technical data to any prohibited entities or
destinations subject to the US Government's current list
of restricted or embargoed countries, any parties
currently listed on the US Government's Denied Parties or
Specially Designated National list, and any proliferation
activities prohibited by the US Government such as
chemical, biological, nuclear or missile technology.
<br><br>
9. GOVERNMENT END USERS. If you are or are acting on
behalf of an agency or instrumentality of the United
States Government, the Software, as applicable, is
"commercial computer software" and "commercial computer
software documentation" and pursuant to FAR 12.212 or
DFARS 227 7202 and their successors, as applicable, use,
reproduction and disclosure of the Software is governed by
the terms of this Agreement.
<br><br>
10. CONTRACTING PARTIES. If the Software is installed on
any computer owned by a corporation or other legal entity,
then this Agreement is formed by and between OBJECTLEARN and
such entity. The individual executing this Agreement
represents and warrants to OBJECTLEARN that they have the
authority to bind such entity to the terms and conditions
of this Agreement.
<br><br>
11. GENERAL. This Agreement is governed and interpreted
in accordance with the laws of the State of California
without giving effect to its conflict of laws provisions.
The United Nations Convention on Contracts for the
International Sale of Goods is expressly disclaimed and
shall not apply. Any claim arising out of or related to
this Agreement must be brought exclusively in a federal or
state court located in San Diego County, California and
you consent to the jurisdiction of such courts. If any
provision of this Agreement shall be invalid, the validity
of the remaining provisions of this Agreement shall not be
affected. This Agreement is the entire and exclusive
agreement between OBJECTLEARN and you with respect to the
Software and supersedes all prior agreements (whether
written or oral) and other communications between OBJECTLEARN
and you with respect to the Software.
<br><br>
COPYRIGHT (C) 2002 BY OBJECTLEARN. ALL RIGHTS RESERVED.
<br><br>
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