STUNNIX CXX-OBFUS LICENSE AGREEMENT
Please read carefully: THIS IS A LICENSE AND NOT AN AGREEMENT FOR SALE. By
using and installing Stunnix Corporationís Software or, where applicable,
choosing the "I ACCEPT" option at the end of the License you indicate
that you have read, understood, and accepted the terms and conditions
of the License. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS, YOU
SHOULD NOT ATTEMPT TO INSTALL THE Software. If the Software is already
downloaded or installed, you should promptly cease using the Software in
any manner and destroy all copies of the Software in your possession. You,
the user, assume all responsibility for the selection of the Software to
achieve your intended results and for the installation, use and results
obtained from the Software. If you have any questions concerning this,
you may contact Stunnix via email at email@example.com.
This Stunnix License ("License") is made between Stunnix Corporation
("Stunnix") as licensor, and you, as licensee, as of the date of your
use of the Software (the Software is in use on a computer when it is
loaded into the RAM or installed into the permanent memory (e.g., hard
disk or other storage device) of that computer.).
This License reflects Stunnix's intent to retain full ownership of and
control of the use and distribution of Stunnix CXX-Obfus, the License Key
(as hereinafter defined) and other applicable software (collectively the
- License Grant. Subject to the terms and conditions of
this License, Stunnix grants to you a personal, non-exclusive,
non-transferable, and limited license to use the Software solely to
own application programs ("Works").
When you pay the license fee established by Stunnix, you will receive
a license key (the "License Key") from Stunnix that authorizes you to
use the Software only in the following specific contexts:
(i) Commercial Use. If your License Key authorizes Commercial Use,
you may use
the software on more than one computer or on a network so long as you
sole user of the Software. (A "network" is any combination of two or more
computers that are electronically linked and capable of sharing the use
single software program.) You will obtain a separate license for each
additional user of the Software (whether or not such users are connected
You may make only one non-encrypted copy of the Software for archival or
backup purposes, and up to 10 (ten) encrypted copies of the Software
for archival or backup purpose.
You are not permitted to sell, lease, distribute, transfer,
sublicense, or otherwise dispose of the Software, in whole or in part,
for any form of actual or potential commercial gain or consideration.
(ii) Other Use. Any use of the software other than the uses specified
above requires a separate license from Stunnix and the payment of
additional license fees as determined by Stunnix. Such additional
redistribution options are available, at Stunnix's sole discretion, on a
case-by-case basis. Contact firstname.lastname@example.org to discuss any redistribution
options not covered by this license agreement. Stunnix reserves all
rights not expressly granted to you herein.
This clause is intended to protect the rights of
Stunnix's intellectual property and to prevent distribution of products
that provide competitive functionality to the Software.
- Termination. This License Agreement is effective until
terminated. Stunnix may terminate this License immediately and without
prior notice if you breach any term of this License or for any reason
whatsoever. In the event of any termination or expiration, you agree
to immediately destroy and/or erase the original and all copies of
the Software, any accompanying documentation and License Keys and to
discontinue their use and you will not retain or store the Software or
any copies thereof, in any form or medium.
- Proprietary Rights. The Software is licensed, not sold, to
you. Stunnix reserves all rights not expressly granted to you. Ownership
of the Software and its associated proprietary rights, including but not
limited to patent and patent applications, are retained by Stunnix. The
Software is protected by the copyright laws of Netherlands and the United
States and by international treaties. Therefore, you must comply with
such laws and treaties in your use of the Software. You agree not to
remove any of Stunnix's copyright, trademarks and other proprietary
notices from the Software.
- Distribution. Except as may be expressly allowed in Section 1,
or as otherwise agreed to in a written agreement signed by both you and
Stunnix, you will not distribute the Software, either in whole or in part,
in any form or medium.
- Transfer and Use Restrictions. You may not sell, license,
sub-license, lend, lease, rent, share, assign, transmit, telecommunicate,
export, distribute or otherwise transfer the Software to others, except
as expressly permitted in this License Agreement or in another agreement
with Stunnix. In order to use the Software you will be required to obtain
a License Key and agree to this License Agreement for the use of the
Software. You will not disclose or provide access to your License Key to
any other person or entity. You must comply with all applicable Netherlands
and other export control laws in your use of the Software. Except as
may be expressly permitted above, you may not modify, reverse engineer,
decompile, decrypt, extract or otherwise disassemble the Software.
- REGARDING THE SOFTWARE AND IN PARTICULAR, DOES NOT WARRANT THAT THE
SOFTWARE WILL FUNCTION IN ACCORDANCE WITH THE ACCOMPANYING DOCUMENTATION
IN EVERY COMBINATION OF HARDWARE PLATFORM OR SOFTWARE ENVIRONMENT OR
CONFIGURATION, OR BE COMPATIBLE WITH EVERY COMPUTER SYSTEM. IF THE
SOFTWARE IS DEFECTIVE FOR ANY REASON, YOU WILL ASSUME THE ENTIRE COST
OF ALL NECESSARY REPAIRS OR REPLACEMENTS.
- DISCLAIMER. STUNNIX DOES NOT WARRANT THAT THE SOFTWARE IS FREE
FROM BUGS, DEFECTS, ERRORS OR OMISSIONS. THE SOFTWARE IS PROVIDED ON
AN "AS IS" BASIS AND STUNNIX MAKES NO OTHER WARRANTIES OR CONDITIONS,
EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE OR ANY ACCOMPANYING
ITEMS INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE THE
ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
- LIMITATION OF LIABILITY. STUNNIX WILL HAVE NO LIABILITY OR
OBLIGATION FOR ANY DAMAGES OR REMEDIES, INCLUDING, WITHOUT LIMITATION,
THE COST OF SUBSTITUTE GOODS, LOST DATA, LOST PROFITS, LOST REVENUES
OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, GENERAL, PUNITIVE
OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THIS LICENSE OR THE USE OR
INABILITY TO USE THE SOFTWARE. IN NO EVENT WILL STUNNIX'S TOTAL AGGREGATE
LIABILITY (WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), WARRANTY,
TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, INTELLECTUAL PROPERTY
INFRINGEMENT OR OTHER LEGAL THEORY) WITH REGARD TO THE SOFTWARE AND/OR
THIS LICENSE EXCEED THE LICENSE FEE PAID BY YOU TO STUNNIX. FURTHER,
STUNNIX WILL NOT BE LIABLE FOR ANY DELAY OR FAILURE TO PERFORM ITS
OBLIGATIONS UNDER THIS LICENSE AS A RESULT OF ANY CAUSES OR CONDITIONS
BEYOND STUNNIX'S REASONABLE CONTROL.
- Intellectual Property Claims. Subject to the limitation of
liability set out in Section 8 above, Stunnix will indemnify and hold
you harmless against any damages finally awarded against you pursuant
to a judicial proceeding, to the extent such proceeding is based upon an
infringement of any valid U.S. or Netherlands patent issued as at the date
of your acceptance of this License Agreement, or of any valid U.S. or
Netherlands copyright, by the Software provided that you:
(i) give written notice of the claim promptly to Stunnix;
(ii) give Stunnix sole control of the defense and settlement of
(iii) provide to Stunnix all available information and assistance; and
(iv) have not compromised or settled such claim.
Stunnix will have no obligation under this Section for
any claims which result through no fault of Stunnix, including: (i) the
use of the Software in combination with any non-Stunnix approved software;
or (ii) modification of the Software by you or anyone other than Stunnix.
This Section sets forth the entire liability of Stunnix and your exclusive
remedies for claims of infringement involving the Software.
- U.S. Government Restricted Rights Legend. If the Software
is acquired by any agency or other part of the U.S. government in
a transaction subject to the Federal Acquisition Regulations or the
Defense Federal Acquisition Regulations, the Software is furnished with
Restricted Rights. Use, duplication, or disclosure of the Software by the
U.S. government is subject to all applicable restrictions set forth in
such Regulations, as amended from time to time, including subparagraphs
(c)(1) and (2) of the Commercial Computer Software - Restricted Rights
clause at Section 48 C.F.R. 52.227-19.
- Entire Agreement. This License and the Usage License Agreement
constitutes the entire agreement between you and Stunnix regarding the
Software and all accompanying documentation. If any provision is found
to be invalid by a court of competent jurisdiction, the balance of the
provisions will remain in full force and effect. The provisions
of the U.N. Convention on Contracts For The International Sale of Goods
(1980) and any successor Convention, do not apply to this License.
- Inurement. The rights, restrictions, limitations, disclaimers
and remedies granted to, retained by, or for the benefit of Stunnix
will inure to the benefit of and will be enforceable by Stunnix and
its licensors, successors and assigns. You may not assign your rights,
obligations and interest in and to this License without the prior written
consent of Stunnix. The obligations, covenants and rights which apply
to you will inure to your benefit and will be binding on you and your
permitted successors and assigns.
BY INSTALLING THE SOFTWARE, OR, WHERE APPLICABLE, CHOOSING THE "I ACCEPT"
OPTION, YOU INDICATE THAT YOU HAVE READ, UNDERSTOOD AND ACCEPT THE TERMS
AND CONDITIONS OF THE LICENSE. IF YOU DO NOT AGREE WITH THE TERMS AND
CONDITIONS, YOU SHOULD NOT ATTEMPT TO INSTALL THE SOFTWARE.