SageTea Inc. End User License Agreement

SageTea Software - (hereto referred as “SageTea”) System, Components and Content License

Please read this license ('License') carefully before downloading, using or installing any SageTea Software System, Components And Content provided herewith. If you do not agree with the License, THEN DO NOT DOWNLOAD, USE OR COMPLETE INSTALLATION OF ANY SageTea Software SYSTEM, COMPONENTS AND CONTENT. BY INSTALLING AND USING ANY SageTea Software SYSTEM, COMPONENTS AND CONTENT YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SageTea Software SYSTEM, COMPONENTS AND CONTENT AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN SELECT THE 'CANCEL' BUTTON, DO NOT INSTALL OR USE THE SageTea Software SYSTEM, COMPONENTS AND CONTENT.

THIS LICENSE CONTAINS THE COMPLETE AGREEMENT BETWEEN THE PARTIES WITH RESPECT TO THE SUBJECT MATTER HEREOF, AND SUPERCEDES ALL PRIOR AND CONTEMPORANEOUS AGREEMENTS OR UNDERSTANDINGS, WHETHER ORAL OR WRITTEN, AS WELL AS ANY SUBSEQUENT SageTea Software CLICK-THROUGH AGREEMENTS PROVIDED WITH THE SageTea Software SYSTEM, COMPONENTS AND CONTENT HEREWITH.
1. Copyright: 2006 SageTea Software and its licensors. (All Rights Reserved) Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect the SageTea Software System, Components and Content.
2. License to Use SageTea Software System, Components And Content
A. SageTea Software System and Components License
Subject to your compliance with this License and except as provided otherwise herein, SageTea Software grants you a non-exclusive and non-transferable right to use the SageTea Software System and Components provided herewith. You ARE NOT AUTHORIZED to reproduce, modify and/or distribute the SageTea Software System and Components in whole or in part, along with any modifications thereof, unless specifically, and in writing, authorized by SageTea Software
B. SageTea Software Content License
'Content' shall mean any articles, white papers, documentation, or other similar materials provided herein.
Subject to your compliance with this License and except as provided otherwise herein, SageTea Software grants you a non-exclusive and non-transferable right to use the Content.
You shall not have any right to distribute, sublicense or modify the Content in any way.
3. Other Restrictions and Conditions
You also agree that:
(a) you will not export the SageTea Software System, Components and Content into any country prohibited by Canadian export law;
(b) you shall indemnify, hold harmless, and defend SageTea Software from and against any claims or lawsuits, including attorney's fees, that arise or result from the use the SageTea Software System, Components and/or Content;
(c) you shall otherwise comply with the terms of this License;
(d) SageTea Software retains all rights not expressly granted;
(e) technical support will be provided on a negotiated yearly cost basis for the SageTea Software System, Components or Content; and
(f) you may not use the SageTea Software System, Components or Content in any way other than as expressly permitted under this License.
4. Termination
In the event that you fail to comply with this License, without prejudice to any other rights, SageTea Software may terminate this License. SageTea Software may terminate this License immediately with respect to any SageTea Software System, Component or Content should any SageTea Software System, Component or Content, in whole or in part, become, or in SageTea Software’ reasonable discretion be likely to become, the subject of a claim of infringement of any intellectual property right. Upon termination, you must destroy all copies of such SageTea Software System, Component or Content.
5. Ownership
SageTea Software and/or its suppliers retain all right, title and interest, including all copyright and intellectual property rights, in and to, the SageTea Software System, Components And Content.
All rights not specifically granted in this License, including Federal and International Copyrights, are reserved by SageTea Software and/or its suppliers.
6. Disclaimer of All Warranties and Technical Support
THE SageTea Software SYSTEM, COMPONENTS AND CONTENT ARE PROVIDED TO YOU ON AN 'AS IS' BASIS AND 'WITH ALL FAULTS', WITHOUT ANY TECHNICAL SUPPORT OR WARRANTY OF ANY KIND FROM SageTea Software Unless agreed to under separate contract.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SageTea Software DISCLSageTea SoftwareS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES FOR SageTea Software SYSTEM, COMPONENTS AND CONTENT INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT, TITLE OR QUIET ENJOYMENT. NO RIGHTS OR REMEDIES REFERRED TO IN ARTICLE 2A OF THE UCC WILL BE CONFERRED ON YOU UNLESS EXPRESSLY GRANTED HEREIN. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
IN CONNECTION WITH THE SageTea Software SYSTEM, COMPONENTS AND CONTENT, NEITHER SageTea Software NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES OR LOSS (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, EVEN IF SageTea Software OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. SageTea Software’ TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SageTea Software SYSTEM, COMPONENTS AND CONTENT.
This DISCLSageTea SoftwareER is the fundamental element of the basis of the bargain between SageTea Software and you. You agree that SageTea Software would not be able to provide the SageTea Software System, Components and Content on an economic basis without such limitations.
The internal laws of Ontario, Canada shall govern this License, without giving effect to principles of conflict of laws.
SageTea Software and other marks contained in the SageTea Software System, Components and Content are trademarks or registered trademarks of SageTea Software in the United States and Canada and/or other countries. Other marks are the properties of their respective owners.
THIS LICENSE CONTAINS THE COMPLETE AGREEMENT BETWEEN THE PARTIES WITH RESPECT TO THE SUBJECT MATTER HEREOF, AND SUPERCEDES ALL PRIOR AND CONTEMPORANEOUS AGREEMENTS OR UNDERSTANDINGS, WHETHER ORAL OR WRITTEN, AS WELL AS ANY SUBSEQUENT SageTea Software CLICK-THROUGH AGREEMENTS PROVIDED WITH THE SageTea Software SYSTEM, COMPONENTS OR CONTENT HEREWITH.