NOTICE TO USER: THIS IS A CONTRACT. BY INSTALLING THIS SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Cartesian Products, Inc. ("Cartesian") end user license agreement (the "Agreement") accompanies a Cartesian software product incorporating proprietary image compression technology (hereinafter referred to as the "Software"), which technology has applications for image storage and transmission. This copy of the Software is licensed to you as the end user, under the following legally binding agreement, as of the date on which you retrieve or otherwise acquire the Software (the "Effective Date").
1. GRANT OF LICENSE. Cartesian grants you a non-exclusive license to use, but not to sell or otherwise distribute, the Software on a single computer residing on your premises. Cartesian retains all title and ownership of the Software. When the Software is loaded into the computer's temporary memory (e.g., RAM) it shall be considered to be in use.
2. TERMINATION. The license will terminate automatically if you fail to comply with the limitations described herein. On termination, you must cease use of the Software. The following provisions shall survive the termination of this Agreement: 2, 3, 4, 5, 6, 7, 8, 9, and 10.
3. COPYRIGHTS. You acknowledge that the Software is owned by Cartesian or its suppliers and is protected by United States copyright laws and international treaty provisions. You agree not to make any copies of the Software, except as is necessary to use the Software in accordance with Section 1 and as Cartesian is required to allow you to make under applicable law.
4. RESTRICTIONS. You may not modify or change the Software in any manner. You may not reverse engineer, decompile, or disassemble the Software. You may not tamper with any metering or disabling procedures used by the Software.
5. NO WARRANTIES. THE SOFTWARE IS PROVIDED "AS-IS", WITHOUT WARRANTY OF ANY KIND. IN NO EVENT SHALL CARTESIAN OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE.
6. SEVERABILITY. If any provision of this Agreement shall be held to be void, invalid, or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
7. TRANSFER OF RIGHTS. This Agreement shall be binding on any successors of the parties. You shall not have the right to assign your interests in this Agreement to any other party, unless the prior written consent of Cartesian is obtained.
8. ENTIRE AGREEMENT. This instrument contains the entire Agreement between the parties hereto. No verbal agreement, conversation, or representation between any officers, agents, or employees of the parties hereto, either before or after the execution of this Agreement, shall affect or modify any of the terms or obligations herein contained.
9. WAIVER OF COMPLIANCE. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
10. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Massachusetts.