| This legal document is an agreement between you, the end user, and GAP
Development Company. By using the software (the "SOFTWARE") provided by GAP
Development Company, you agree to become bound by the terms of this agreement, which
includes the software license and the disclaimer of warranty.
This agreement constitutes the complete agreement between you and GAP
Development Company. If you do not agree to the terms of this agreement, do not purchase
the SOFTWARE and if already purchased, downloaded, or otherwise received, promptly return
the disks and other items that are part of this product, or in the case of electronic
distribution, destroy all copies of the SOFTWARE that were downloaded and/or installed.
The SOFTWARE may not be copied, reproduced, disclosed, transferred, or
reduced to any form, including electronic medium or machine readable form, or transmitted
or publicly performed by any means, electronic or otherwise, unless GAP Development
Company consents in writing, in advance.
The SOFTWARE contains valuable trade secrets and proprietary
information and is protected by federal copyright laws. Unauthorized use of the software
can result in civil damages and criminal prosecution.
If the SOFTWARE contains a "Domain License" clause, you may
use the SOFTWARE on a single domain only. The single Domain License allows you to use the
SOFTWARE with any number of Merchant Stores that are associated with that Domain (a
Merchant Mall).
If the SOFTWARE contains a "Store License" clause, each
Merchant Store, other than the first, that utilizes the SOFTWARE must purchase a separate
License and pay separate fees.
YOU MAY NOT COPY the SOFTWARE except to place the programs onto your
hard disk (or the hard disk of your Internet Hosting Provider) and to make archival backup
copies for your personal use as permitted by this License. You may not copy the written
materials (printed, electronic, WEB based, PDF based, or otherwise) accompanying the
software unless GAP Development Company consents in writing, in advance. You may not grant
sublicenses nor transfer the SOFTWARE or related materials in any form to any person
unless GAP Development Company consents in writing, in advance.
You are granted a nonexclusive, personal, nontransferable,
nonassignable license to use and modify the SOFTWARE for your own personal use. You may
not sell, provide, make available, or otherwise distribute any modifications based upon
the SOFTWARE source code.
This License is effective until terminated. This License will terminate
automatically if you fail to comply with any provision of this License.
Government End Users: If the SOFTWARE is acquired by or on behalf of a
unit or agency of the United States Government, this provision applies. This GAP
Development Software:
- was developed at private expense, is existing computer software, and no part of it
was developed with government funds,
- is a trade secret of GAP Development Company for all purposes of the Freedom of
Information Act,
- is "restricted computer software" submitted with restricted rights in
accordance with sub-paragraphs (a) through (d) of the Commercial Computer Software -
Restricted Rights clause at 52.227-19 and its successors,
- in all respects is proprietary data belonging solely to GAP Development Company,
- is unpublished and all rights are reserved under the copyright laws of the United
States.
SUMMARY OF LIMITED WARRANTY:
In summary, the SOFTWARE is licensed AS IS. THERE ARE NO WARRANTEES,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL SUCH WARRANTIES ARE EXPRESSLY AND
SPECIFICALLY DISCLAIMED. IN NO EVENT SHALL GAP DEVELOPMENT COMPANY BE RESPONSIBLE FOR ANY
INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS TO YOU OR ANY OTHER
PERSON OR ENTITY REGARDLESS OF THE LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE.
No dealer, company or person is authorized to expand or alter either
these warranties or this agreement; any such representation will not bind GAP Development
Company. |