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in-commerce
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Index: branches/RC/in-commerce/LICENSE
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+In-Commerce is a commecial module of In-Portal software that provides
+enterprise level Online Shopping cart and store management solution.
+
+This is NOT a free program and protected by copyrights law.
+
+Copyright (C) 1997 - 2009 Intechnic. All rights reserved.
+
+
+LICENSE & DISCLAIMERS
+
+INTECHNIC CORPORATION, IN-COMMERCE, IN-AUCTION
+
+SOFTWARE END USER LICENSE AGREEMENT
+
+IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT IS A
+LEGAL AGREEMENT BETWEEN YOU (LICENSEE) AND INTECHNIC
+CORPORATION. READ IT CAREFULLY BEFORE DOWNLOADING,
+INSTALLING AND USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE
+THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND
+LIABILITY DISCLAIMERS. BY DOWNLOADING, INSTALLING AND USING
+THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE
+SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS
+END USER LICENSE AGREEMENT.
+
+
+2.1. Recitals
+
+(a) Intechnic is the owner of the Software and Documentation (as defined below).
+(b) Intechnic desires to grant to you and you desire to obtain from Intechnic a nonexclusive
+license to use the Software and Documentation solely in accordance with
+the terms and on the conditions set forth in this End User License Agreement.
+NOW, THEREFORE, the parties hereto agree as follows:
+
+
+2.2. Definitions
+
+(a) "Intechnic" means Intechnic Corporation.
+(b) "You" means Licensee, the end user of the Software: the customer purchasing or
+downloading the Software.
+(c) "Software" means the Intechnic In-portal software program supplied by Intechnic
+herewith, which may also include online and electronic documentation. The term
+"Software" also includes In-Commerce and In-Auction supplied by Intechnic herewith
+in conjunction with the Intechnic In-Portal, software program.
+(d) "Documentation" shall mean all manuals, user documentation, and other related
+materials pertaining to the Software which are furnished to you by Intechnic in
+connection with the Software.
+(e) "Intechnic", "In-Commerce" and "In-Auction" are trademarks or registered
+trademarks of Intechnic Corporation in the United States and/or other countries.
+Other marks are the properties of their respective owners.
+
+
+2.3. License Agreement
+
+Intechnic Corporation hereby grants you the right to use all or a portion of Software
+accompanying this License, regardless of media, and the related Documentation. All rights
+of any kind in Software, which are not expressly granted in this License, are entirely and
+exclusively reserved to and by Intechnic Corporation. You may not rent, lease, reverse
+engineer or create other branded software for resale based on the Software.
+This License Agreement permits you to:
+(a) Install and use the Software on a single computer; OR install and store the Software
+on a storage device, such as a network server, used only to run or install the Software
+on your other computers over an internal network, provided you have a license for
+each separate computer on which the Software is installed or run from the storage
+device. A license for the Software may not be shared or used concurrently on
+different computers or on different servers.
+(b) Make one copy of the Software in machine-readable form solely for backup
+purposes. You must reproduce on any such copy all copyright notices and any other
+proprietary legends on the original copy of the Software.
+
+
+2.4. License Restrictions
+
+This computer program is protected by copyright law and international treaties.
+Unauthorized reproduction or unlicensed usage of the code of this program, or any portion
+of it may result in severe civil and criminal penalties, and will be prosecuted to the maximum
+extent possible under the law.
+(a) Other than as set forth in Section III, you may not make or distribute copies of the
+Software, or electronically transfer the Software from one computer to another or
+over a network.
+(b) You may not decompile, reverse engineer, disassemble, or otherwise reduce the
+obfuscated portions of the Software to a human-perceivable form.
+(c) You may not rent, lease, sublicense or create other branded software for resale based
+on this Software, unless expressly permitted by Intechnic Corporation.
+(d) You may not export the Software into any country prohibited by the United States
+Export Administration Act and the regulations hereunder.
+(e) In the event that you fail to comply with this End User License Agreement,
+Intechnic may terminate the license and you must destroy all copies of the Software.
+
+
+2.5. License Term
+
+This license will become effective on the date you purchase the Software and will
+remain in force until terminated. You may terminate the license at any time by removing the
+Software from your computer and destroying the original Software and all copies. This
+license will automatically terminate if you breach any of the terms or conditions set out in
+this License Agreement. You agree to remove the Software from your computer, and
+destroy the original Software and all copies of the Software, upon termination of this license
+for any reason.
+
+
+2.6. License Transfer
+
+You may transfer your license of the Software to another party by transferring the
+original program media and all applicable documentation, including the original of this End
+User License Agreement, to the recipient, who agrees to the terms of this End User License
+Agreement. All other copies of the Software must be deleted and/or destroyed. Any
+transfer of possession of the Software terminates your license and all associated benefits
+under this End User License Agreement. You must notify Intechnic in writing or by e-mail
+of such transfer.
+
+
+2.7. Title and Ownership
+
+The foregoing license gives you limited rights to use the Software. Title, ownership
+rights, and intellectual property rights, including all copyrights, in and to the Software and
+documentation and derivative works, if any, shall remain the property of Intechnic
+Corporation. All rights not specifically granted in this End User License Agreement,
+including Federal and International Copyrights, are reserved by Intechnic Corporation
+You agree to respect and not to remove, obliterate, or cancel from view any copyright,
+trademark, confidentiality or other proprietary notice, mark, or legend appearing on any of
+the Software or output generated by the Software, and to reproduce and include same on
+each copy of the Software, unless expressly permitted by Intechnic Corporation.
+
+
+2.8. Limited Warranty and Disclaimer.
+
+(a) LIMITED WARRANTY. INTECHNIC WARRANTS THAT, FOR A PERIOD
+OF THIRTY (30) DAYS FROM THE DATE OF PURCHASE (AS
+EVIDENCED BY A COPY OF YOUR PURCHASE RECEIPT): (I) WHEN
+USED WITH A RECOMMENDED ENVIRONMENT AND HARDWARE
+CONFIGURATION, THE SOFTWARE WILL PERFORM IN SUBSTANTIAL
+CONFORMANCE WITH THE DOCUMENTATION SUPPLIED WITH THE
+SOFTWARE; AND (II) THAT THE SOFTWARE WILL NOT BE TAMPERED
+WITH OR ALTERED IN ANY WAY OR ABUSE OR MISAPPLICATION.
+(b) NO OTHER WARRANTY. EXCEPT AS SET FORTH IN THE FOREGOING
+LIMITED WARRANTY, INTECHNIC CORPORATION DISCLAIMS ALL
+OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, OR OTHERWISE
+INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS
+FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF
+NONINFRINGEMENT, TITLE OR QUIET ENJOYMENT. IF APPLICABLE
+LAW IMPLIES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE,
+ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO THIRTY (30)
+DAYS FROM THE DATE OF PURCHASE. NO ORAL OR WRITTEN
+INFORMATION OR ADVICE GIVEN BY INTECHNIC, ITS EMPLOYEES,
+DISTRIBUTORS, AGENTS OR DEALERS SHALL CREATE A WARRANTY
+OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
+
+
+2.9. Exclusive Remedy
+
+Intechnic Corporation offers limited and conditional refunds for downloadable
+Software purchases in case the Software does not perform on the customer's server
+satisfying the recommended server, hardware or environment configuration and according to
+the provided documentation. Intechnic will use reasonable commercial efforts to supply you
+with a replacement copy of the Software that substantially conforms to the documentation,
+provide installation, configuration or programming services to fix the problem, or refund to
+you your purchase price for the Software, at its option. Intechnic shall have no
+responsibility if the Software has been tampered with or altered in any way, abused or
+misapplied, or if the failure arises out of use of the Software with other than a recommended
+server, hardware or environment configuration.
+
+
+2.10. Limitation of Liability
+
+(a) IN NO EVENT SHALL INTECHNIC CORPORATION, OR ITS PRINCIPALS,
+SHAREHOLDERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS,
+SUBSIDIARIES, OR PARENT ORGANIZATIONS, BE LIABLE FOR ANY
+INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
+(INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS,
+BUSINESS, INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE
+OR INABILITY TO USE THE SOFTWARE, OR THIS END USER LICENSE
+AGREEMENT BASED ON ANY THEORY OF LIABILITY INCLUDING
+BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING
+NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF
+INTECHNIC CORPORATION OR ITS REPRESENTATIVES HAVE BEEN
+ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A
+REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS
+ESSENTIAL PURPOSE. IN ADDITION, IN NO EVENT DOES INTECHNIC
+CORPORATION AUTHORIZE YOU TO USE THE SOFTWARE IN
+APPLICATIONS OR SYSTEMS WHERE THE SOFTWARE’S FAILURE TO
+PERFORM CAN REASONABLY BE EXPECTED TO RESULT IN A
+SIGNIFICANT PHYSICAL INJURY, OR IN LOSS OF LIFE. ANY SUCH USE
+BY YOU IS ENTIRELY AT YOUR OWN RISK, AND YOU AGREE TO
+HOLD INTECHNIC CORPORATION HARMLESS FROM ANY CLAIMS OR
+LOSSES RELATING TO SUCH UNAUTHORIZED USE.
+(b) TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE
+WHATSOEVER WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR
+THE SOFTWARE THAT CAUSED SUCH DAMAGE.
+
+
+2.11. Upgrades
+
+If this copy of the Software is an upgrade from an earlier version of the Software, it is
+provided to you on a license exchange basis. You agree by installation and use of this copy
+of the Software to voluntarily terminate the earlier End User License Agreement and that
+you will not transfer it to another person or entity.
+
+
+2.12. Export Controls
+
+You may not download or otherwise export or re-export the Software or any underlying
+information or technology except in full compliance with all United States and other
+applicable laws and regulations. In particular, but without limitation, none of the Software
+or underlying information or technology may be downloaded or otherwise exported or reexported
+(i) into (or to a national or resident of) Cuba, Haiti, Iraq, Libya, Yugoslavia, North
+Korea, Iran, 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 Deny Orders. 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.
+
+
+2.13. Severability
+
+The provisions of this Agreement shall be deemed severable, and the invalidity or
+unenforceability of any one or more of the provisions hereof shall not affect the validity and
+enforceability of the other provisions hereof. If any provision of this Agreement is held to
+be unenforceable for any reason, such provision shall be reformed only to the extent
+necessary to make it enforceable, and such decision shall not affect the enforceability (i) of
+such provision under other circumstances or (ii) of the remaining provisions hereof under all
+circumstances. Headings shall not be considered in interpreting this Agreement.
+
+
+2.14. Governing Law
+
+This Agreement is the complete statement of the Agreement between the parties on the
+subject matter, and merges and supersedes all other or prior understandings, purchase orders,
+agreements and arrangements. This Agreement shall be governed by the laws of the State of
+Illinois. Exclusive jurisdiction and venue for all matters relating to this Agreement shall be
+in courts and fora located in the State of Illinois, and you consent to such jurisdiction and
+venue. This Agreement will not be governed by the United Nations Convention of
+Contracts for the International Sale of Goods, the application of which is hereby expressly
+excluded. All questions concerning this should be directed to Attn. Legal Department,
+Intechnic Corporation of 333 E IL 83, Suite 201, Mundelein, IL 60060.
+
+
+2.15. U.S. Government Restricted Usage
+
+Use, duplication or disclosure by the Government is subject to restrictions set forth in
+subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR
+52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and
+Computer, Intechnic Corporation of 333 E IL 83, Suite 201, Mundelein, IL 60060.
+
+
+2.16. Consumer End Users Outside of the U.S.
+
+The limitations or exclusions of warranties and liability contained in this End User
+License Agreement do not affect or prejudice the statutory rights of a consumer, i.e., a
+person acquiring goods otherwise than in the course of a business.
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