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Terms of Use


This page contains important information regarding the use of MediaCenter software and the use of KnowledgeStor.

Software License Agreement

Usage Agreement

Disclaimer of Warranty; Limitation of Warranty

Copyright


Software License Agreement


MediaDNA, Inc.
Electronic Software License Agreement for
MediaCenter™

NOTICE TO USER:
This is a contract. Do not install or use MediaCenter Software until you have read and accepted all of the license terms. Permission to use MediaCenter Software is conditional upon you agreeing to the license terms. Acceptance will bind you to the license terms in a legally enforceable contract with MediaDNA, Inc. By installing MediaCenter Software, you accept all the terms and conditions of this Agreement.

This MediaDNA, Incorporated (MediaDNA) Software License Agreement accompanies the MediaDNA MediaCenter product and related explanatory materials. The term "Software" shall include the MediaDNA MediaCenter product and related explanatory materials and any upgrades, modified versions, or updates of the materials provided to you by MediaDNA. The Software is protected by U.S. and international copyright laws as well as other intellectual property laws. Please read the Agreement carefully. By installing the Software you accept this Agreement.

The installation of this Software will install files necessary to operate the program on your computer. Other system files, such as .DLLs may be installed or updated and Windows registry entries will be made. Uninstalling the Software may not remove all of the installed files or registry entries. As with all installations, it is recommended you back up your hard disk drive before you install the Software.

Upon acceptance of this Agreement, MediaDNA grants to you a non-exclusive, non-transferable, non-sublicensable license to use the Software. Further, you agree not to rent, lease, or sell your copy of the Software.

  • Copyright and Trademark Rights. The Software is owned by MediaDNA. Its structure, organization, and code are the valuable trade secrets of MediaDNA. The Software is protected by U.S. and international Copyright Law provisions. You may use trademarks only as required to identify printed output produced by the Software in accordance with accepted trademark practice, including identification of trademark owner's name. Such use of any trademark does not give you any rights of ownership in that trademark. This Agreement is not a sale of a copy of the Software and does not make you the owner of a copy of the Software. Ownership of the Software and all components and copies thereof shall at all times remain with MediaDNA, regardless of who may be deemed the owner of the tangible media in or on which the Software may be copied, encoded, or otherwise fixed.
  • Use of the Software. You may install and use one copy of the Software on the computer on which it is installed and make one backup copy as provided under U.S. copyright law.
  • Restrictions. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Software. You may not alter or modify in any way the installer program or create a new installer for the Software. The Software is licensed and distributed by MediaDNA for accessing content.
  • No Warranty; Limitation of Liability. The Software is being delivered to you AS IS, and MediaDNA makes no warranty as to its use or performance. MEDIADNA AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. MEDIADNA MAKES NO WARRANTIES, EXPRESS, OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL MEDIADNA BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A MEDIADNA REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD-PARTY. Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential, or special damages, or the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. In no event will MediaDNA's liability under this Agreement exceed a total of one thousand dollars ($1,000). MediaDNA will not be liable for any special, incidental, or consequential damages, whether based on breach of contract, tort (including negligence), product liability or otherwise, and whether or not MediaDNA has been advised of the possibility of such damage.
  • Termination. MediaDNA may terminate this Software License Agreement if you fail to comply with the terms and conditions of this Software License Agreement. In such event, you must destroy all copies of the Software including all of its component parts.
  • Non-Waiver. The failure of either party at any time to enforce any of the provisions of this Agreement or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, shall not constitute a waiver of such provision, right, remedy, or option or in any way affect the validity of this Agreement. The waiver of any default by either party shall not be deemed a continuing waiver, but shall apply solely to the instance to which such waiver is directed.
  • Assignment and Binding Effect. MediaDNA may assign, delegate, and/or otherwise transfer this Agreement or its rights and obligations hereunder to any person or entity.
  • Entire Agreement. This Agreement sets forth the entire agreement and understanding between you and MediaDNA regarding the subject matter hereof and supersedes any prior representations, advertisements, statements, proposals, negotiations, discussions, understandings, or agreements regarding the same subject matter. This Agreement may not be modified or amended except by a writing signed by the party against whom the same is sought to be enforced.
  • Governing Law and General Provisions. This Agreement will be governed by the laws of the State of California, USA, excluding the application of its conflicts of law rules. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. You agree that the Software will not be shipped, transferred, or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions, or regulations. This Agreement shall automatically terminate upon failure by you to comply with its terms. This Agreement may only be modified in writing signed by an authorized officer of MediaDNA. Any action between you and MediaDNA will be venued in a state or federal court situated within the state of California, and you irrevocably submit to the personal jurisdiction of such courts and such purpose.
  • Notice to Government End Users. The Software and Documentation are "Commercial Items," as that term is defined at 48 C.F.R. 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable. Consistent with 48 C.F.R. 12.212 or 48 C.F.R. 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (A) only as Commercial Items and (B) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
  • Year 2000 Compliance. MediaCenter Software is fully Year 2000 compliant. Notwithstanding the foregoing, although there are no known date-related problems with MediaCenter Software, MediaCenter Software relies upon hardware and software provided by others not within the control of MediaDNA, Inc. THEREFORE, MEDIADNA CAN MAKE NO REPRESENTATION OR WARRANTIES WITH RESPECT TO HARDWARE OR SOFTWARE UPON WHICH MEDIACENTER SOFTWARE RELIES. MEDIADNA WAIVES ALL LIABILITY WITH RESPECT TO THE IMPACT OF SUCH HARDWARE OR SOFTWARE ON PROPER DATE PROCESSING BY MEDIACENTER SOFTWARE.

MediaDNA, Inc. 2223 Avenida de la Playa, Suite 105, La Jolla, CA 92037 USA

© 1998 MediaDNA, Inc. All rights reserved.

Usage Agreement


KnowledgeStor contains copyrighted material, trademarks, and other proprietary information. No copying, automated browsing or downloading, redistribution, publication, or commercial exploitation of material available on KnowledgeStor is permitted, except as otherwise permitted under the fair use doctrine or is authorized by MediaDNA in writing. In addition, such material may be used for noncommercial purposes in connection with the preparation of papers, reports, presentations, or scholarly uses, provided that such use does not exceed the lesser of 15% of any single KnowledgeStor article or 1,000 words. In the event of any permitted use of copyrighted material, no changes in or deletion of author attribution or copyright notice shall be made without written authorization from the publisher or other copyright owner.

The right to use KnowledgeStor is personal to you or members of your immediate family residing with you and is not transferable to any other person or entity. If your KnowlegeStor membership is through a corporate account, your right to use the KnowledgeStor is personal to you and members of your corporation and is not transferable to any other persons or entity outside the corporation. You are responsible for all use of your Account under your password by any person and for ensuring that all use of your Account complies fully with the provisions of this Agreement. You are responsible for protecting the confidentiality of your password.

KnowledgeStor shall have the right at any time to change or modify the terms and conditions applicable to your use of KnowledgeStor and to impose new conditions with respect to such use. KnowledgeStor shall have the right at any time to change or discontinue any aspect or feature of KnowledgeStor, including but not limited to content, functionality, hours of availability, and equipment needed for access or use. Such changes, modifications, or additions shall be effective immediately upon notice thereof, which may be given by means of including but not limited to posting on KnowledgeStor, electronic or conventional mail, or any means by which you obtain actual knowledge. Any use of KnowledgeStor by you after such notice shall be deemed to constitute acceptance by you of such changes, modifications, or additions.

1998 MediaDNA, Inc. All rights reserved.

Disclaimer of Warranty; Limitation of Warranty


YOU EXPRESSLY AGREE THAT THE USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER KnowledgeStor NOR ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS, OR THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENTS OF ANY CONTENT, INFORMATION OR MATERIAL FOUND ON THE SITE, ANY MERCHANDISE OR SERVICES PROVIDED THROUGH THE SITE, OR ANY LINKS TO OTHER SITES MADE AVAILABLE ON THE SITE.

THE SITE AND ALL CONTENT, MATERIAL, OR INFORMATION FOUND ON THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL KnowledgeStor (OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AND AGENTS) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY CONTENT, INFORMATION, OR MATERIAL ON THE SITE OR THE SITE ITSELF. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT KnowledgeStor (OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER, INCLUDING YOU.

Information on this website may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. KnowledgeStor may also make improvements and/or changes to the KnowledgeStor website at any time without notice.

Indemnification

You agree to defend, indemnify, and hold harmless KnowledgeStor, its affiliates, and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorney's fees, arising out of the use of KnowledgeStor by you, members of your immediate family, or members of a corporate account.

Termination of Agreement

Either party shall have the right to terminate this Agreement at any time by providing notice of termination to the other. In the event of termination of this Agreement by either party, you shall have no claims against KnowledgeStor or its affiliates. Termination of this Agreement automatically terminates your license to use KnowledgeStor and any content of other material contained herein.

©1998; MediaDNA, Inc. All rights reserved.

Copyright


Materials contained on KnowledgeStor web pages are copyrighted by MediaDNA or its third-party suppliers, and are protected by applicable copyright laws and treaty provisions throughout the world.

KnowledgeStor is a trademark of MediaDNA, Inc. Other marks that appear on this website may be marks of third parties that are not affiliated with MediaDNA, Inc. MediaDNA, Inc. and its affiliates do not control or endorse the content of third-party websites.

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© 1998-2000 MediaDNA, Inc. All rights reserved.