CLEARPLAY END USER LICENSE AGREEMENT
YOUR RIGHT TO USE THE CONTENT FILTERING SOFTWARE AND CONTENT FILTERS INSTALLED ON THIS DEVICE IS GRANTED SOLELY PURSUANT TO THE TERMS OF THIS END USER LICENSE AGREEMENT (“AGREEMENT”). YOUR RIGHT TO USE ADDITIONAL CONTENT FILTERS ON THIS DEVICE IS LIMITED SOLELY TO THOSE CONTENT FILTERS LICENSED BY OR THROUGH CLEARPLAY INC. (AND/OR ITS SUPPLIERS) AND YOUR RIGHT TO USE SUCH ADDITIONAL CONTENT FILTERS IS GRANTED SOLELY AND SHALL BE GOVERNED BY THE END USER LICENSE AGREEMENT ACCOMPANYING SUCH CONTENT FILTERS. YOU UNDERSTAND AND AGREE THAT BY USING THE CONTENT FILTERING SOFTWARE AND / OR THE CONTENT FILTERS INSTALLED ON THIS DEVICE, YOU (“LICENSEE”) HAVE AGREED TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
1.Definitions.
A.Filters. The term “Filter” means each aggregated data set specific to a work of authorship, licensed by or through Cle arPlay Inc. and or its suppliers, that permits the selection of the level and types of content management desired by Licensee with respect to such work of authorship.
B.Software. The term “Software” means the proprietary combination of firmware and other code installed on this device that is licensed by or through ClearPlay Inc. and /or its suppliers which enables a Filter to provided a specified level of content management.
C.Device. The term “Device” means the electronic medium on which the software and Filters are bundled by ClearPlay Inc or its authorized suppliers.
2.Internal Use Rights. Licensee is herby granted a limited, personal use only,
3.Restrictions. Licensee shall not, and shall not attempt to or permit any third party to, reverse engineer, reverse assemble, de- compile, or otherwise attempt (i) to defeat, avoid, bypass, remove, deactivate or otherwise circumvent any software protection mechanisms in the Software or Filters installed on this Device, including any used to restrict or control the use of the Software solely with Filters licensed by or through ClearPlay Inc. and /or its supplier, or (ii) to derive the source code or the underlying ideas, algorithms, structure or organization from such Software or Filters, except to the extent any of the foregoing restrictions are prohibited by applicable law.
4.Termination. Licensee’s license may be immediately terminated upon any attempted violation of the terms of this Agreement.
5.NO WARRANTIES, NONE OF THE SUPPLIES OF THE SOFTWARE OR FILTERS INSTALLED ON THIS DEVICE MAKE ANY WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, REGARDING SUCH SOFTWARE OR FILTERS, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
6.No Indirect Damages. None of the Suppliers of the Software and Filters installed on this device shall be liable to any party (including Licensee) for any loss of data, loss of profits, cost of cover or other special, incidental, punitive, consequential, or indirect damages arising out of this Agreement or the use of the Software or Filters installed on this device.
7.Third Party Beneficiary. ClearPlay Inc. shall be a direct and intended third party beneficiary of this Agreement and may enforce it directly against any Licensee.
8.Government Restricted Rights. Programs delivered to the U.S. Defense Dept. are delivered with Restricted Rights and the following applies: “Restricted Rights Legend: Use, duplication or disclosure by Government is subject to restrictions as currently set forth
in subparagraph (c) (1) (ii) of DFARS
9.Export Control. Customer shall comply fully with all laws and regulations of the United States and other countries “Export Laws”) to assure that neither the Programs, nor any direct products thereof are (1) exported, directly or indirectly, in violation of Export Laws, or (2) are used for any purpose prohibited by Export Laws, including, without limitation, nuclear, chemical, or biological weapons proliferation.
10.General. This license is governed by the laws of the State of Utah without regard to its conflict of law rules. This license is the entire agreement between the Suppliers and Licensee. Licensee may not assign this license except in connection with the sale of the product accompanying this license. If any provision of this License Agreement is held to be invalid or unenforceable, the remaining provisions of this License Agreement will remain in full force.
11.Patent 6.898.799. International patents pending.
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