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Fl i p St a rt Software End-
Use r Li cen se Agreem e nt
This Software End User License Agreement ("Agreement") is
between you (both the individual installing the Program and
any single legal entity on behalf of which such individual is
acting) ("You" or "Your") and FlipStart Labs, a dba of Vulcan
Portals Inc. ("Vulcan").
IT IS IMPORTANT THAT YOU READ CAREFULLY AND UNDER-
STAND THIS AGREEMENT. YOU AGREE TO BE BOUND BY
THE TERMS OF THIS AGREEMENT BY INSTALLING, COPYING,
OR OTHERWISE USING THE PROGRAM AND EQUIPMENT. IF
YOU DO NOT AGREE WITH ALL THE TERMS OF THIS AGREE-
MENT AND DO NOT AGREE TO BE BOUND BY THIS AGREE-
MENT, PLEASE DO NOT INSTALL OR USE THIS PROGRAM
OR EQUIPMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT,
YOU WILL NOT BE REGISTERED TO USE OR ACCESS THE
PROGRAM.
1. Definitions
1.1 "Documentation" means the user guides for installation and
use of the Program that Vulcan makes generally available.
1.2 "Program" means the software created by Vulcan, includ-
ing FlipStart InfoPane, FlipStart Navigator, FlipStart Control
Center, and FlipStart Zoom, in object code form only, and the
media, Documentation and any updates provided by Vulcan to
You and for which You are granted a license pursuant to this
Agreement.
1.3 "Equipment" means the Vulcan FlipStart ultra-portable
computer.
2. Program license
2.1 Limited License. Vulcan hereby grants to You a limited,
non-exclusive, non-transferable license (without the right to
sublicense):
(a) to use a single copy of the Program solely for Your own
internal personal use on the Equipment on which the Program
was first installed or, on a temporary basis, on a backup
system if such Equipment is inoperative, consistent with the
limitations specified or referenced in this Agreement and the
Documentation;
(b) to use the Documentation provided with the Program in
support of Your authorized use of the Program; and
(c) to copy the Program for archival or backup purposes, and
to make a sufficient number of copies for the intended use
described in the Documentation, provided that all titles and
trademark, copyright and restricted rights notices are repro-
duced on all such copies.
2.2 Restrictions. You will not copy or use the Program (includ-
ing the Documentation) except as expressly permitted by this
Agreement. You will not relicense, sublicense, rent or lease the
Program or use the Program for third-party training, commer-
cial time-sharing or service bureau use. You will not, and will
not permit any third party to, modify, adapt, translate, reverse
engineer, disassemble, decompile or make derivative works
of any Program, except to the extent expressly permitted by
applicable law, and then only after You have notified Vulcan
in writing of Your intended activities. You will not use the Pro-
gram on multiple processors without the prior written consent
of Vulcan.
2.3 Ownership. Vulcan will retain all right, title and interest in
and to the patent, copyright, trademark, trade secret and any
other intellectual property rights in the Program and any de-
rivative works thereof, subject only to the limited licenses set
forth in this Agreement. You do not acquire any other rights,
express or implied, in the Program other than those rights
expressly granted under this Agreement.
2.4 No Support. Unless otherwise agreed upon, Vulcan has no
obligation to provide support, maintenance, upgrades, modifi-
cations or new releases under this Agreement.
3. No warranty
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