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(iv) permit other individuals to use the Software except under the terms listed above;
(v) reduce the Software to a human- perceivable form in any manner or through any process;
(vi) transfer, license, rent, lease, grant a security interest in, or otherwise transfer rights to the
Software; or
(vii) remove any proprietary notices or labels on the Software.
3. TITLE:
Title, ownership rights, and intellectual property rights in the Software shall remain in or through
Prolific. The Software is protected by all applicable copyright laws and treaties. Title and related
rights in the content accessed through the Software is the property of the applicable content owner
and may be protected by applicable law. This License gives you no rights to such content.
4. TERMINATION.
This License is effective until terminated. You may terminate this License at any time by destroying
the Software, related documentation and all copies thereof. This License will terminate immediately
without notice from Prolific, if you fail to comply with any provision of this License. Upon termination
you must destroy the Software, related documentation and all copies thereof.
5. EXPORT CONTROLS.
You agree and certify that neither the Software nor any other technical data received from Prolific,
nor the direct product thereof, will be exported outside the United States except as authorized and
as permitted by the laws and regulations of the United States. If the Software has been rightfully
obtained by you outside of the United States, you agree that you will not re-export the Software nor
any other technical data received from Prolific, nor the direct product thereof, except as permitted
by the laws and regulations of the United States and the laws and regulations of the jurisdiction in
which you obtained the Software. By downloading or using the Software, you are agreeing to the
foregoing and you are representing that you are not causing a violation of such laws or regulations.
6. U.S. GOVERNMENT RESTRICTED RIGHTS.
Use, duplication or disclosure by the Government is subject to restrictions, as amended, as set
forth in (i) this Agreement for all licenses and, insofar as they do not conflict with the terms of this
Agreement, (ii) with the restrictions as set forth in subparagraphs (a) through (d) of the Commercial
Computer- Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii)
of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or at
252.211- 7015, or to Licensor's standard commercial license, as applicable, and in similar clauses in
the NASA FAR Supplement. Contractor/manufacturer is a software publisher: Prolific Publishing, Inc.,
Prolific Publishing, Inc. P.O. BOX 5000 BURBANK, CA 91508-5000.
7. DISCLAIMER OF WARRANTY.
You expressly acknowledge and agree that use of the Software is at your sole risk. The Software
and related documentation are provided "AS IS" and without warranty of any kind and PROLIFIC
EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND/OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF TITLE, OF NON-INFRINGEMENT AND OF
FITNESS FOR A PARTICULAR PURPOSE. PROLIFIC DOES NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF AND
YOUR USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE
SOFTWARE WILL BE CORRECTED. IN ADDITION, THE SECURITY MECHANISMS, IF ANY, IMPLEMENTED
IN THE SOFTWARE HAVE INHERENT LIMITATIONS AND THE COPY-PROTECTION SCHEME UTILIZED, IF
ANY, MAY CAUSE INCONVENIENCE, INTERRUPTION OR DELAYS IN USE. THE ENTIRE RISK AS TO THE
RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. FURTHERMORE, PROLIFIC
DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS
OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. NO ORAL OR