Power Siphon 1.9.6.0

EULA - End User License Agreement

END USER LICENSE AGREEMENT

This End User License Agreement ("Agreement") is entered into and effective immediately between Applied Kinematics Corporation, an Oregon corporation ("Developer"), and you ("User").

RECITALS

Developer is an Oregon corporation in the business of software development and related services. Developer markets certain products and services under the trademark and service marks "Applied Kinematics" and "Power Siphon."

Developer has designed a package of proprietary software and documentation under the trademark Power Siphon(tm). The documentation and software (hereinafter called the "Licensed Product") are provided to User by downloading it from Developers web site.

TERMS

In consideration of the terms, warranties, covenants and conditions below, the parties agree as follows:

1. Grant of License. Developer hereby grants User a personal, nontransferable, nonexclusive license to use the Licensed Product on the terms and conditions set forth herein.

2. Scope of License. Under this license User may use the Licensed Product by installing the software on a single computers permanent storage device (such as a hard drive) and by loading the software into such computers temporary memory. User may also install the software on a second computer provided that only one copy of the software is in use at any given time. Unless otherwise expressly provided for in a Network License Addendum, this license does not authorize User to load the software into the temporary memory of other computers on a network.

3. Under this license User may not:
a. Make copies of the Licensed Product (except a personal backup or archival copy or by installing it on a second computer as described in Scope of License above).
b. Sublicense, rent, lease, lend or otherwise transfer the Licensed Product or Users rights under this license without the prior written consent of Developer.
c. Remove or obscure Developers copyright and trademark notices.
d. Compile the Licensed Product from one form to another or attempt to modify, convert, reverse engineer, reverse compile, change or reverse assemble it. Any copyright protection and/or "time out" mechanisms built into the Licensed Product shall be honored by User.

4. Term of License. The Developer grants the User a license to use the free version of the Licensed Product for personal, non-commercial use only. Developer reserves the right to refuse a license to any User for any reason. Developer also reserves the right to revoke and recall all free licenses at any time. Aside from these limitations, Developer grants the User this license on a permanent basis.

5. License Fee. There is no license fee for the free version of the Licensed Product.

6. Users Evaluation and Reports. All User comments, reports of difficulties or problems with the Licensed Product, and all suggestions for improvement of the Licensed Product, shall become the sole property of Developer, to be used by Developer in any manner it sees fit without additional compensation to User. User shall have no claim to joint authorship of the Licensed Products.

7. Users Obligations to Protect Licensed Product. Developer is the sole owner of the Licensed Product and all rights not specifically granted in this license are reserved by Developer. Developer has expended substantial sums and devoted substantial resources to the development of the Licensed Product, and has substantial proprietary interests and valuable trade secrets in them. As a continuing condition of this license, User covenants that it shall:
a. Keep all copies of the Licensed Product solely in its possession.
b. Use its best efforts to protect the Licensed Product from unauthorized use, reproduction, publication or distribution.

8. Copyrights. Developer is the sole and exclusive owner of the copyright interests in the Licensed Product and all derivative works. Users rights to such software and documentation shall be governed solely by its rights as a licensee under this Agreement. The Licensed Product does contain code copyrighted to and licensed by third parties. This code may be governed by the license agreements of the third parties. Please see the copyright notices section at the end of this license agreement for details. While license agreements of third party code may confer rights of free distribution to all parties, such rights only pertain to the third party code and not code copyrighted by Developer.

9. Disclaimer of All Warranties/Limitation of Remedies. User acknowledges that the Licensed Product is being made available to User on an AS IS basis, and that Developer makes no warranties, express or implied, with respect to the Licensed Product. DEVELOPER SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES UNDER THE UNIFORM COMPUTER INFORMATIONAL TRANSACTIONS ACT, AS MAY BE ADOPTED BY ANY JURISDICTION FROM TIME TO TIME. IN NO EVENT WILL DEVELOPER BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE, OR INABILITY TO USE, THE LICENSED PRODUCT, EVEN IF DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN PARTICULAR, DEVELOPER SHALL NOT BE LIABLE FOR THE LOSS OF INFORMATION OR DATA ARISING FROM THE USE OR INABILITY TO USE THE LICENSED PRODUCT. DEVELOPERS MAXIMUM LIABILITY FOR ANY CLAIM ARISING FROM THE LICENSE OR USE OF THE LICENSED PRODUCT, INCLUDING, WITHOUT LIMITATION, CLAIMS BASED UPON DEVELOPERS NEGLIGENCE, SHALL BE LIMITED TO THE AMOUNT DEVELOPER CHARGES FOR A COMMERCIALLY RELEASED VERSION OF THE LICENSED PRODUCT. The remedy set forth above is exclusive and in lieu of all others, oral or written, expressed or implied. No Developer distributor, employee, or agent is authorized to extend any warranty or to modify or extend the above remedy in any manner. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

10. Export Restrictions. None of the Licensed Product or underlying information or technology may be downloaded or otherwise exported or reexported: (i) into (or to a national or resident of) Cuba, Iraq, Libya, Sudan, North Korea, Iran or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Departments list of Specially Designated Nationals or the U.S. Commerce Departments Table of Denial Orders. By using the Licensed Product, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.

11. U.S. Government Restricted Rights. The Licensed Product and the accompanying materials are provided with Restricted Rights. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraphs (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or subparagraphs (c)(1) and (2) of the Commercial Computer Software -- Restricted Rights at 48 CFR 52.227-19, as applicable. Contractor/Manufacturer is Applied Kinematics Corporation, 10813 N.E. Mill Creek Road, Prineville, Oregon 97754.

12. Lawful Use. User understands that the unauthorized copying of a third party web site may constitute copyright infringement, and that unauthorized access to a web site with restricted license access may constitute trespass or breach of contract. User represents and warrants to Developer that User will not use the Licensed Product in any unlawful manner or in any manner that violates the copyright interests or other property rights of any third party. In addition, User shall take all reasonable measures necessary to ensure it does not use the Licensed Product in violation of the laws of other countries. User agrees not to use the Licensed Product for harvesting e-mails for purposes of sending bulk unsolicited e-mail (spam) or for selling or otherwise providing e-mail lists to other parties.

13. Indemnification. User acknowledges that its use of the Licensed Product under this Agreement is personal to User and is not intended to be used for the benefit of any third party. User shall indemnify and hold Developer harmless against any claim, expense, loss, damage, or other liability, including, without limitation, attorneys fees, arising out of or connected with Users use of the Licensed Product, or the violation of any of Users warranties under this Agreement.

14. Remedies for Breach. In the event User breaches any warranty, covenant or other term of this Agreement, Developer shall be entitled to terminate this Agreement and the license hereunder immediately and to seek all legal and equitable remedies available to it under Oregon law and applicable laws of the United States. User acknowledges that breach of any of the covenants of this agreement including, but not limited to, paragraphs 3 and 7 would result in irreparable and continuing damage to Developer in an amount not readily ascertainable and for which there would be no adequate remedy at law. In the event of such a breach, Developer shall have the right to seek immediate injunctive relief, in addition to its other remedies hereunder.

15. Attorneys Fees. If a party to this Agreement breaches any term of this Agreement, then the other party shall be entitled to recover all expenses of whatever form or nature, costs and attorneys fees reasonably incurred to enforce the terms of this Agreement, including such costs or fees as may be awarded in arbitration or by a court at trial or on appeal. In addition, in the event either party to this Agreement becomes a debtor subject to the United States Bankruptcy Code, the non-debtor party shall be entitled to recover any expenses, costs and fees, including attorneys fees, incurred in connection with enforcing its rights against the debtor party, whether those rights arise under this contract or involve matters arising solely under the Bankruptcy Code.

16. Non-Waiver. The failure or delay of any party to require performance of, or to otherwise enforce, any condition or other provision of this Agreement shall not waive or otherwise limit that partys right to enforce or pursue remedies for the breach of any such provision or condition. Any waiver by any party of any particular condition or provision of this Agreement, including this non-waiver provision, shall not constitute a waiver or limitation on that partys right to enforce performance or pursue remedies for the breach of any other condition or provision of this Agreement.

17. Severability. If any court of competent jurisdiction finds any term of this Agreement, or of any other document or instrument referred to or contemplated in this Agreement, to be invalid or unenforceable, such determination shall not affect the validity and enforceability of the remainder of the Agreement.

18. Paragraph Headings. All paragraph headings in this Agreement appear for convenience of reference, and shall not affect the meaning or interpretation of the Agreement.

19. Successor Interests. This Agreement may not be assigned by User without the prior written consent of Developer. Subject to this restriction, this Agreement is binding upon and shall inure to the benefit of the heirs, successors, assigns, legatees, devisees, bankruptcy estates, administrators, personal representatives and executors of each of the parties.

20. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state of Oregon, without regard to Oregons conflict of law provisions, and by applicable federal copyright law.

21. Jurisdiction, Venue. The parties agree that any suit, action or arbitration proceeding arising out of or relating to this Agreement shall be brought in Multnomah County, Oregon, and the parties expressly consent to the personal jurisdiction over them of any state or federal court in Multnomah County, Oregon.

22. Amendments. This Agreement may be amended or modified only by a written instrument executed by the parties which expressly states the intent of the parties to modify or amend this Agreement.

23. Entire Agreement. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter of the Agreement and supersedes all prior discussions, negotiations, understandings, representations and agreements, whether oral or written. All terms of this Agreement are contractual and not mere recitals.

24. Electronic Execution. Execution of this Agreement shall occur and may be evidenced by transmission of your electronic assent to its terms through your clicking the "Yes, I accept the terms of the license agreement" (or words to that effect) button below. If you agree to the terms of this Agreement, click "Yes, I accept the terms of the license agreement" (or words to that effect) below.

COPYRIGHT NOTICES

Power Siphon is a trademark of Applied Kinematics Corporation.
Copyright 2000-2004 Applied Kinematics Corporation.
All Rights Reserved.

Power Siphon contains Macromedia Flash Player software by Macromedia, Inc., Copyright 1995-1999 Macromedia, Inc. All rights reserved.
Macromedia and Flash are trademarks of Macromedia, Inc.

Portions of the database access components of Power Siphon are Copyright 2001 Perfect Sync, Inc.

Power Siphon contains a binary distribution of Lua. The following information applies ONLY to the Lua distribution and not code copyrighted by Applied Kinematics Corporation or any other party:

Copyright 2003-2004 Tecgraf, PUC-Rio.
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.