BY CLICKING ON THE "NEXT" BUTTON, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "CANCEL" BUTTON AND THE INSTALLATION PROCESS WILL NOT CONTINUE. IF THESE TERMS ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS. GRANT. Subject to the terms of this Agreement, Activeworlds Inc. ("AWLD") hereby grants you a limited, personal, nontransferable, nonsublicensable, royalty-free, nonexclusive license to use one copy of the client software product you are about to install in object code form ("Software") for the purpose of accessing the Active Worlds server and using the Active Worlds software resident thereon ("AW Software"). You may: copy the Software for archival purposes, provided any copy must contain all of the original Software's proprietary notices; you may use the AW Software subject to the terms and conditions of this license. You may not, directly or indirectly: modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), create derivative works based on, or otherwise attempt to discover the source code or underlying ideas or algorithms of the Software or AW Software; or copy (except for archival purposes as set forth above), rent, lease, distribute, transfer or otherwise transfer rights to the Software or AW Software; use the Software or AW Software for timesharing or service bureau purposes; or remove any proprietary notices or labels on the Software or AW Software. SOFTWARE. This license does not grant you any right to any enhancement or update. Furthermore, this license does not grant you continued access to AW Software. SUPPORT. This Agreement does not entitle you to any maintenance, upgrades, patches, enhancements, fixes, new versions or other support ("Support Programs") for the Software or AW Software; provided, however, that if you download or otherwise obtain in any manner any Support Programs they shall become part of the Software and the terms of this Agreement shall apply. TITLE. As between the parties, title, ownership rights, and intellectual property rights in and to the Software and AW Software, and any copies or portions thereof, shall remain in AWLD and its suppliers or licensors. The Software and AW Software are protected by the copyright laws of the United States and international copyright treaties. Title, ownership rights, and intellectual property rights in and to any software, data, information, text, pictures, images, avatars, characters, sounds, personalities, or other content ("Content") accessed through the Software or otherwise with AW Software is the property of the applicable owner and may be protected by applicable copyright or other law. This License gives you no rights, title, or interest to Content (including without limitation Content that you post or create on the Active Worlds server) except the limited license to use the AW Software as described above. COPYRIGHT. Activeworlds Browser Copyright © 1995-2023 Activeworlds Inc. Portions of this software are based in part on the work of the Independent JPEG Group. Portions copyright 1984-1996 FairCom Corporation. All rights reserved. Portions of this software are Copyright 1998-2001 Criterion Software Ltd. Portions utilize Microsoft Windows Media Technologies. Copyright (c) 1999-2002 Microsoft Corporation. All rights reserved. DISCLAIMER OF WARRANTY. THE SOFTWARE, AW SOFTWARE, AND ANY SERVICES THAT YOU RECEIVE FROM AWLD, ARE PROVIDED "AS IS." AWLD HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. LIMITATION OF LIABILITY. You assume the entire risk as to the quality and performance of the Software or AW Software. AWLD assumes no liability for the cost of any service or repair if the Software or AW Software is defective. Further, you assume the responsibility of, and any costs or liability associated with, making a connection (by any means) to the Active Worlds server, and you understand that the Software and AW Software will not operate without such a connection. AWLD exercises no screening, editorial, or other control over Content available to you through your use of the Software and AW Software, and Content may include material that could be deemed distasteful, misleading, inaccurate, offensive, pornographic or otherwise objectionable. Furthermore, use of the Software or AW Software does not guarantee any privacy or confidentiality of any Content you post or make available through the Software and AWLD assumes no responsibility or liability for the preservation of such Content and may modify or remove it at AWLD's sole discretion. You hereby release AWLD from any and all liability for all claims related to Content as well as claims related to the security or level of privacy provided. If you are a minor, you MUST obtain permission from your parent(s) or guardian(s) to install this software, and they will take full responsibility for all obligations under this Agreement. You are liable for all activities conducted through the Account, and parents or guardians are liable for the activities of their child. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL AWLD OR ITS LICENSORS, SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL AWLD BE LIABLE FOR ANY DAMAGES IN EXCESS OF AWLD LIST PRICE FOR A LICENSE TO THE SOFTWARE, EVEN IF AWLD SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. TERMINATION. AWLD may, at its sole discretion, terminate this Agreement, the license granted herein, and your right to use or access the Software, AW Software, or the Active Worlds server at any time. On termination, you must destroy all copies of the Software. ARBITRATION. Any claim alleging a violation of any duty incident to this Agreement, or your use of the Software or the AW Software, or arising out of any transaction occurring in Active Worlds, irrespective of the legal theory asserted, is subject to binding arbitration. This means that both sides give up all rights to a jury or court trial. The arbitration will take place, at your choice, either on-line before the Active Worlds Tribunal, or before a panel of arbitrators at the American Arbitration Association offices in Boston, Massachusetts. In the latter instance, both sides shall pay half of the fees and expenses associated with the arbitration proceeding itself, but each side shall be responsible for all costs associated with traveling to the site of the arbitration, preparing for the arbitration, and hiring counsel, if desired. In both cases, both sides shall select an arbitrator from a randomly generated list of available arbitrators, and those two arbitrators shall select a third. No punitive or consequent damages (including without limitation statutory "multiplied," e.g. treble, damages) shall be awarded and the arbitrators shall be made aware of this limitation. EXPORT CONTROLS. None of the Software, AW Software or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) into any country in which the U.S. has embargoed goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, 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. MISCELLANEOUS. This Agreement represents the complete license agreement and supersedes all prior agreements and representations and may only be amended by a writing executed by the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by and construed under Massachusetts law. U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions 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 in DFARS 252.227-7013, and in similar clauses in the NASA FAR Supplement.
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