Software License Agreement and Limited Warranty
This is a legal agreement (this "License") between you, the end user, and Netopia, Inc. ("Netopia"). Opening the enclosed disk envelope or, if electronically distributed, downloading and using the Software indicates that you accept and agree to comply with these terms.
GRANT OF LICENSE. Netopia grants to you a non-exclusive, personal license to use the Software as provided in this License. Each permitted copy of the Software may be stored in memory (either temporary or "permanent"), on no more than one computer at any one time. However, you may install the Software on a network server for the sole purpose of valid distribution to other computers.
PRIVACY. The following information is sent to Netopia servers when a user enables the IP Locator service: Client IP address, software version number, activation key(currently mac only) and the email address you are registering. This information is used to 1) aid in establishing Timbuktu sessions by resolving dynamic IP addresses and to 2) Electronically record the registration of your activation key.
COPYRIGHT. The Software is owned by Netopia or its suppliers and is protected by United States copyright laws and international treaty provisions. This means that you must treat the Software like a book, musical recording or any other copyrighted material. Nevertheless, Netopia gives you the right to (a) make two copies of the Software solely for backup or archival purposes, or (b) transfer the Software to a single hard disk, provided you keep the original solely for backup or archival purposes. You may not copy the written materials accompanying the Software (called the "Documentation"). You should be aware that illegal copying or distribution of copyrighted material is investigated by the FBI, and is punishable by prison terms of up to 10 years.
OTHER RESTRICTIONS. You may not rent or lease the Software, but you may permanently transfer the Software and Documentation provided you retain no copies and the recipient agrees to the terms of this Agreement. You may not modify, reverse engineer, decompile, disassemble, or create derivative works from the Software or Documentation.
TERM. This License is effective until terminated. You may terminate the license at any time by returning the Software and all Documentation to Netopia and by removing the Software from the memory of the computer into which the Software has been transferred. This License may be terminated by Netopia immediately and without notice in the event that you fail to comply with any term or condition hereof. Upon any termination, you will return to Netopia, at your expense, the Software and Documentation and any copies whether or not the copying was authorized.
GOVERNMENT LICENSEE. The Software and Documentation are provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 and the Commercial Software-Restricted Rights Clause at 48 CFR 52.227-19. Manufacturer is Netopia, Inc. 2470 Mariner Square Loop, Alameda, California 94501.
EXPORT LAW ASSURANCES. You agree that neither the Software nor any direct product thereof is being or will be acquired, shipped, transferred, or reexported, directly or indirectly, into any country prohibited by the United States Export Administration Act and the regulations thereunder or will be used for any purpose prohibited by the same.
SEVERABILITY. If for any reason, any provision or partial provision of this License is held invalid, such invalidity shall not affect the remainder of such provision or this License, and this License shall, to the full extent consistent with law, continue in full force and effect.
THIRD PARTY BENEFICIARIES. If any portion of the Software has been licensed to Netopia by a third party for redistribution, Licensee is hereby notified that such third party is an intended third party beneficiary of this License with full rights of enforcement.
GENERAL. The validity and performance of this License shall be governed by California law, except for that body of law dealing with conflict of laws and except as to copyrights, which are governed by United States laws and international treaties. This License constitutes the entire agreement between the parties concerning the subject matter hereof. Any waiver or amendment of any provision of this License shall be effective only if in writing and signed by you and an officer of Netopia. No distributor, dealer, or employee (other than an officer) of Netopia is authorized to change or amend any terms of this License. In the event of any conflict between the terms of this License and the terms of any license bound into any manual packaged with the Software, this License shall govern.
Limited Warranty
Netopia warrants that for ninety (90) days following delivery of the Software to you: (1) the Software, unless modified by you, will perform substantially the functions described in the Documentation provided by Netopia; and (2) the media on which the Software is furnished will be free from defects in materials and workmanship under normal use.
Netopia does not warrant that the Software will meet your requirements or that operation of the Software will be uninterrupted or error-free. Netopia is not responsible for any problem, including any problem which would otherwise be a breach of warranty, caused by (i) changes in the operating characteristics of computer hardware or computer operating systems which are made after the release of the Software, (ii) interaction of the Software with non-Netopia software or (iii) accident, abuse, or misapplication.
THE ABOVE WARRANTIES ARE MADE BY NETOPIA ALONE, AND THEY ARE the ONLY WARRANTIES MADE BY ANYONE REGARDING THE ENCLOSED SOFTWARE. Netopia and its licensor(s) make no other warranties, express or implied, including without limitation the implied warranties of merchantability and fitness for a particular purpose, regarding the enclosed SOFTWARE. Except as otherwise expressly provided above, Netopia and its licensor(s) do not warrant, guarantee or make any representation regarding the use or the results of the use of the SOFTWARE in terms of its correctness, accuracy, reliability, currentness, or otherwise. The entire risk as to the results and performance of the SOFTWARE is assumed by you. The exclusion of implied warranties is not permitted by some states or jurisdictions, so the above exclusion may not apply to you. IN THAT CASE, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY OF THE SOFTWARE. There may be other rights that you may have which vary from jurisdiction to jurisdiction.
Limitation of Remedies
Netopia's entire liability and your sole remedy under the warranty during the ninety (90) day warranty period is that Netopia shall, at its sole and exclusive option, either replace the Software with a functionally equivalent program at no charge to you or refund the license fee of the Software. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. These are your sole and exclusive remedies for any breach of warranty during this ninety (90) day period.
REGARDLESS OF WHETHER OR NOT ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, in no event will Netopia, its licensor(s) and the directors, officers, employees or agents of any of them be liable to you for any consequential, incidental or indirect damages (including damages for loss of business profits, business interruption, loss of business information, and the like) arising out the use or inability to use the SOFTWARE even if Netopia or its licensor(s) have been advised of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. Netopia and its licensor(s) liability to you for actual damages from any cause whatsoever, and regardless of the form of the action (whether in contract, tort [including negligence], PRODUCT liability or otherwise), will be limited to $50.
Should you have any questions concerning this License, please write Netopia, Inc., Customer Service, 2470 Mariner Square Loop, Alameda, California 94501 USA
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