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License.md
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License.md
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**LIMITED USE SOFTWARE LICENSE AGREEMENT**
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This Limited Use Software License Agreement (this “Agreement”) is a
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legal agreement between you, the end-user, and Raven Software, Inc.
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(“RAVEN”). **BY CONTINUING THE INSTALLATION OF THIS SOFTWARE (THE
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“SOFTWARE”), BY DOWNLOADING, LOADING OR RUNNING THE SOFTWARE, OR BY
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PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, COMPUTER
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RAM OR OTHER STORAGE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS
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AGREEMENT. **
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**1.** **Grant of License**. Subject to the terms and provisions of this
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Agreement, RAVEN grants to you the non-exclusive and limited right to
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use the Software only for the uses permitted in section 3. hereinbelow.
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The term “Software” includes all elements of the Software. You are not
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receiving any ownership or proprietary right, title or interest in or to
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the Software or the copyrights, trademarks, or other rights related
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thereto. For purposes of the first sentence of this section, “use” means
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loading the Software into RAM and/or onto computer hard drive, as well
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as installation of the Software on a hard disk or other storage device
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and means the uses permitted in section 3. hereinbelow. You agree that
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the Software will not be shipped, transferred or exported into any
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country in violation of the U.S. Export Administration Act (or any other
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law governing such matters) by you or anyone at your direction and that
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you will not utilize and will not authorize anyone to utilize, in any
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other manner, the Software in violation of any applicable law. The
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Software shall not be downloaded or otherwise exported or re-exported
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into (or to a national or resident of) any country to which the U.S. has
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embargoed goods or to anyone or into any country who/which are
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prohibited, by applicable law, from receiving such property.
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**2.** **Prohibitions.** You, whether directly or indirectly, shall
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**not** do any of the following acts:
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a\. rent the Software;
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b\. sell the Software;
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c\. lease or lend the Software;
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d\. distribute the Software (except as permitted by section 3.
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hereinbelow);
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e\. in any other manner and through any medium whatsoever commercially
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exploit the Software or use the Software for any commercial purpose;
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f\. disassemble, reverse engineer, decompile, modify (except as
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permitted by Section 3. hereinbelow) or alter the Software;
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g\. translate the Software;
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h\. reproduce or copy the Software (except as permitted by section 3.
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hereinbelow);
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i\. publicly display the Software;
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j\. prepare or develop derivative works based upon the Software;
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1. remove or alter any legal notices or other markings or legends, such
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as trademark and copyright notices, affixed on or within the
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Software; or
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2. remove, alter, modify, disable or reduce any of the anti-piracy
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measures or components contained in the STVoy ELITE FORCE game,
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including, without limitation, the CD key system and the CD check.
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<!-- -->
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1. **Permitted Uses.**
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a\. So long as this Agreement accompanies each copy you make of the
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Software, and so long as you fully comply, at all times, with this
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Agreement, RAVEN grants to you the non-exclusive and limited right to
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distribute copies of the Software free of charge for non-commercial
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purposes by electronic means only and the non-exclusive and limited
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right to use the Software to create your own modifications (the “New
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Creations”) for operation only with the full version of the software
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game *STVoy ELITE FORCE*; provided, however, you shall not make any New
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Creations unless and until you have agreed to be bound by the terms of
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this Agreement and of the LIMITED USE SOFTWARE LICENSE AGREEMENT which
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accompanies the full version of *STVoy ELITE FORCE*. Other than the
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electronic copies permitted above, you may make only the following
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copies of the Software: (i) you may copy the Software onto your computer
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hard drive; (ii) you may copy the Software from your computer hard drive
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into your computer RAM; and (iii) you may make one (1) “back-up” or
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archival copy of the Software on one (1) hard disk. You shall **not
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**use, copy or distribute the Software in any infringing manner or in
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any manner which violates any law or third party right and you shall
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**not** distribute the Software together with any material which
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infringes against any third party right or which is libelous,
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defamatory, obscene, false, misleading, or otherwise illegal or
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unlawful. RAVEN reserves all rights not granted in this Agreement,
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including, without limitation, all rights to RAVEN’s trademarks. **You
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shall not commercially distribute the Software.**
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1. You shall not create any New Creations which infringe against any
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third party right or which are libelous, defamatory, obscene, false,
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misleading or otherwise illegal or unlawful. You agree that the New
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Creations will not be shipped, transferred or exported into any
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country in violation of the U.S. Export Administration Act (or any
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other law governing such matters) by you or anyone at your direction
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and that you will not utilize and will not authorize anyone to
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utilize, in any other manner, the New Creations in violation of any
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applicable law. The New Creations shall not be downloaded or
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otherwise exported or re-exported into (or to a national or resident
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of) any country to which the U.S. has embargoed goods or to anyone
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or into any country who/which are prohibited, by applicable law,
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from receiving such property. You shall not rent, sell, lease, lend,
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offer on a pay-per-play basis or otherwise commercially exploit or
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commercially distribute the New Creations. You are only permitted to
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distribute, without any cost or charge, the New Creations to other
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end-users so long as such distribution is not infringing against any
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third party right and is not otherwise illegal or unlawful. As noted
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below, in the event you commercially distribute or commercial
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exploit the New Creations or commit any other breach of this
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Agreement, your licenses, and this Agreement, shall automatically
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terminate, without notice.
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**4.** **Intellectual Property Rights**. The Software and all
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copyrights, trademarks and all other conceivable intellectual property
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rights related to the Software are owned by RAVEN and are protected by
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United States copyright laws, international treaty provisions and all
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applicable law, such as the Lanham Act. You must treat the Software like
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any other copyrighted material, as required by 17 U.S.C. §101 *et seq*.
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and other applicable law. You agree to use your best efforts to see that
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any user of the Software licensed hereunder complies with this
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Agreement. You agree that you are receiving a copy of the Software by
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license only and not by sale and that the “first sale” doctrine of 17
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U.S.C. §109 does not apply to your receipt or use of the Software.
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**5.** **NO WARRANTIES**. **RAVEN DISCLAIMS ALL WARRANTIES, WHETHER
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EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
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MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO
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THE SOFTWARE. RAVEN DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE
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WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SOFTWARE WILL MEET YOUR
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SPECIFIC REQUIREMENTS. ADDITIONAL STATEMENTS, WHETHER ORAL OR WRITTEN,
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DO NOT CONSTITUTE WARRANTIES BY RAVEN AND SHOULD NOT BE RELIED UPON.
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**THIS SECTION 5. SHALL SURVIVE CANCELLATION OR TERMINATION OF THIS
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AGREEMENT.
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**6.** **Governing Law, Venue, Indemnity and Liability Limitation**.
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This Agreement shall be construed in accordance with and governed by the
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applicable laws of the State of Texas and applicable United States
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federal law. Copyright and other proprietary matters will be governed by
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United States laws and international treaties. Exclusive venue for all
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litigation regarding this Agreement shall be in Dallas County, Texas and
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you agree to submit to the jurisdiction of the courts in Dallas, Texas
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for any such litigation. You agree to indemnify, defend and hold
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harmless RAVEN and RAVEN’s officers, employees, directors, agents,
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licensees (excluding you), successors and assigns from and against all
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losses, lawsuits, damages, causes of action and claims relating to
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and/or arising from: (i) your breach of this Agreement; and/or (ii) your
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distribution or other use of the Software; and/or (iii) your
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distribution or other use of the New Creations. You agree that your
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unauthorized use of the Software, or any part thereof, may immediately
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and irreparably damage RAVEN such that RAVEN could not be adequately
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compensated solely by a monetary award and that at RAVEN’s option RAVEN
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shall be entitled to an injunctive order, in addition to all other
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available remedies including a monetary award, appropriately restraining
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and/or prohibiting such unauthorized use without the necessity of RAVEN
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posting bond or other security. **IN ANY CASE, RAVEN AND RAVEN’S
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OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, LICENSEES, SUBLICENSEES,
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SUCCESSORS AND ASSIGNS SHALL NOT BE LIABLE FOR LOSS OF DATA, LOSS OF
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PROFITS, LOST SAVINGS, SPECIAL, INCRAVENENTAL, CONSEQUENTIAL, INDIRECT,
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PUNITIVE OR OTHER SIMILAR DAMAGES ARISING FROM ANY ALLEGED CLAIM FOR
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BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT PRODUCT
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LIABILITY, OR OTHER LEGAL THEORY EVEN IF RAVEN OR ITS AGENTS HAVE BEEN
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ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR EVEN IF SUCH DAMAGES ARE
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FORESEEABLE, OR LIABLE FOR ANY CLAIM BY ANY OTHER PARTY. ** Some
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jurisdictions do not allow the exclusion or limitation of incidental or
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consequential damages, so the above limitation or exclusion may not
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apply to you. This Section 6. shall survive cancellation or termination
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of this Agreement.
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**7.** **U.S. Government Restricted Rights.** To the extent applicable,
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the United States Government shall only have those rights to use the
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Software as expressly stated and expressly limited and restricted in
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this Agreement, as provided in 48 C.F.R. §§ 227.7201 through 227.7204,
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inclusive.
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**8.** **General Provisions**. Neither this Agreement nor any part or
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portion hereof shall be assigned or sublicensed by you. RAVEN may assign
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its rights under this Agreement in RAVEN’s sole discretion. Should any
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provision of this Agreement be held to be void, invalid, unenforceable
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or illegal by a court of competent jurisdiction, the validity and
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enforceability of the other provisions shall not be affected thereby. If
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any provision is determined to be unenforceable by a court of competent
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jurisdiction, you agree to a modification of such provision to provide
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for enforcement of the provision's intent, to the extent permitted by
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applicable law. Failure of RAVEN to enforce any provision of this
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Agreement shall not constitute or be construed as a waiver of such
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provision or of the right to enforce such provision. Immediately upon
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your failure to comply with, or immediately upon your breach of, any
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term or provision of this Agreement,** THIS AGREEMENT AND YOUR LICENSE
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SHALL AUTOMATICALLY TERMINATE, WITHOUT NOTICE, AND RAVEN MAY PURSUE ALL
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RELIEF AND REMEDIES AGAINST YOU WHICH ARE AVAILABLE UNDER APPLICABLE LAW
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AND/OR THIS AGREEMENT**. In the event this Agreement is terminated, you
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shall have no right to use the Software, in any manner, and you shall
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immediately destroy all copies of the Software in your possession,
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custody or control.
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**YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, YOU UNDERSTAND THIS
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AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION OF THE
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SOFTWARE, BY DOWNLOADING, LOADING OR RUNNING THE SOFTWARE, OR BY PLACING
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OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, COMPUTER RAM OR
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OTHER STORAGE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS
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AGREEMENT. YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN SEPARATE
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AGREEMENTS BETWEEN RAVEN AND YOU, THIS AGREEMENT IS A COMPLETE AND
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EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES HERETO
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REGARDING THE SUBJECT MATTER HEREOF. THIS AGREEMENT SUPERSEDES ALL PRIOR
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ORAL AGREEMENTS OR UNDERSTANDINGS AND ANY OTHER COMMUNICATIONS BETWEEN
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RAVEN AND YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.**
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January 11, 2000 5:41 p.m.
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