1. SOFTWARE As used in this Agreement, the term "Software" means, collectively and/or as applicable: (a) all the contents of the disk(s), CD-ROM(s), electronic mail and its file attachments, or other media with which this Agreement is provided, including the object code form of the software delivered via a CD-ROM, electronic mail or web-page; (b) related explana- tory written materials and any other possible documentation related thereto ("Documentation"); and (c) upgrades, modi- fied versions, updates, additions and copies of the Software (collectively "Updates"), if any, licensed to You by Mountz under this Agreement. 2. END USER RIGHTS AND USE Mountz grants to You a non-exclusive, non-transferable copyright license to install the Software on the local hard disk(s) or other permanent storage media of one computer and use the Software on a single computer or terminal at a time. Except as expressly provided herein, no license or right is granted to You directly or by implication, inducement, estoppel or otherwise. Specifically, Mountz does not grant any express or implied right to You under Mountz patents, trademarks, or trade secret information. Nothing in this Agreement requires or will be treated to require Mountz to grant any additional license. 3. LIMITATIONS ON END USER RIGHTS You may not copy, distribute, or make derivative works of the Software, except as follows: (a) You may make one copy of the Software on magnetic media as an archival backup copy, provided Your archival backup copy is not installed or used on any computer. Any other copies You make of the Software are in violation of this Agreement. (b) You may not use, modify, translate, reproduce or transfer the right to use the Software or copy the Software, except as expressly provided in this Agreement.
(c)
You may not resell, sublicense, rent, lease or lend the Software.
(d) You may not reverse engineer, reverse compile, disassemble or otherwise attempt to discover the source code of the Software (except to the extent that this restriction is expressly prohibited by law) or create derivative works based on the Software. (e) You agree that You shall only use the Software in a manner that complies with all applicable laws in the jurisdiction in which You use the Software, including, but not limited to, applicable restrictions concerning copy right and other Mountz Intellectual property rights. 4. OWNERSHIP The Software and all rights, without limitation including proprietary rights therein, are owned by Mountz and/or its licen- sors and affiliates and are protected by international treaty provisions and all other applicable national laws of the country in which it is being used. The structure, organization and code of the Software are the valuable trade secrets and confi- dential information of Mountz and/or its licensors and affiliates. You must not copy the Software, except as allowed in Section 3 (Limitations On End User Rights). Any copies which You are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on the Software. You agree to prevent any unauthorized copying of the Software. 5. USER SUBMISSIONS You agree that any material, information or other communication, including all data, images, sounds, text, and other things embodied therein, you transmit or post to a Mountz website or provide to Mountz under this Agreement will be considered non-confidential communications ("Communications"). Mountz will have no confidentiality obligations with respect to the Communications. You agree that Mountz and its designees will be free to copy, modify, create derivative works, publicly display, disclose, distribute, license and sublicense through multiple tiers of distribution and licensees, incorporate and otherwise use the Communications, including derivative works thereto, for any and all commercial or non-commercial purposes.
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Corporate Headquarters: 1080 North 11th Street, San Jose, CA95112 Phone: (408) 292-2214 Fax: (408) 292-2733 www.mountztorque.com
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