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This "Agreement" is entered into by and between Visionary Networks, Inc., an Oregon corporation with offices at 7412 SW Beaverton-Hillsdale Hwy #102, Portland, Oregon 97225 ("Visionary"), the owner of Decoz Numerology and Decoz.com, and the person or business that receives this software ("Licensee").
Visionary has the exclusive rights related to the software, all reports and all texts included in the software program, produced and marketed under the name Decoz Numerology ("The Program"), and the same is a trade secret.
Licensee shall take all precautions, to prevent duplication, copying, or transfer of The Program to third parties. Licensee has no rights to alter, delete, or change any texts generated by The Program with the exception of the data areas indicated by The Program to be editable by the Licensee. In no instance can the copyright notice be modified or removed. A copy of the aforementioned copyright notice is printed here:
This report is based on the work of Hans Decoz and Tom Monte.
© 1988-2006. Copyright of the components created by Hans Decoz and Tom Monte belongs to Visionary Networks Inc.
Licensee shall not deliver any reports created with The Program without the aforementioned copyright notice clearly visible on the first page of the report. Clearly visible is defined as no smaller than font size 9.
In the event copies of The Program or any of the texts included in The Program, unless in The Program’s report format, are discovered in the possession of third parties, and found to have originated from Licensee, this agreement shall be terminated immediately. Upon termination, Licensee shall promptly return to Visionary all materials related to The Program.
Usage Rights Limitations:
Licensee may not make The Program available in order to provide automated self-service numerology report generation via the Internet or any network, nor use via a server or network storage device by which one instance of The Program is replicated to more than one user over the Internet. Licensee will not decompile, reverse engineer, disassemble, or otherwise reduce The Program to a human-readable form except as reports generated by The Program, or create derivative works based upon The Program. Licensee represents and warrants that its use of The Program will not directly or indirectly grant, or purport to grant, to any third party any rights or immunities under Visionary’s intellectual property or proprietary rights in The Program or derivative works thereof.
VISIONARY DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT, TITLE OR QUIET ENJOYMENT. IN NO EVENT WILL VISIONARY BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, LOST PROFITS, OR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, WHETHER OR NOT VISIONARY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, ARISING IN ANY WAY OUT OF THIS AGREEMENT OR THE TERMINATION THEREOF EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED IN THIS AGREEMENT.
Visionary’s aggregate liability to Licensee or any third party arising out of or in connection with this Agreement shall not exceed $100.
INDEMNITY. Licensee will indemnify and hold Visionary harmless against any cost, loss, liability, or expense (including attorneys' fees) arising out of third party claims against Visionary resulting from (1) Licensee Product or Service (excluding claims based on The Program) or (2) Licensee's representations or warranties to its customers regarding The Program.