These are the Agreements you saw and accepted when you installed the iClose-Up program.

 

 

 

This program without a serial number is only usable for a limited period of time.  After this limited period, the program will no longer operate.  Re-installation of the program will not prolong the period during which the program is operable. 

 

IMPORTANT:  THERE ARE TWO AGREEMENTS WHICH FOLLOW ON THIS PAGE.  THE FIRST IS A LICENSE WHICH COVERS THE ICLOSE-UP PROGRAM AND THE SECOND COVERS THE ICLOSE-UP ROUTER SERVICE.

 

                 The iClose-Up Program  -  LICENSE AGREEMENT

 

Please note:  This  ICLOSE-UP program is protected by copyright law and international treaties.

 

Unauthorized reproduction, use or distribution of the ICLOSE-UP program, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under law.

 

THE FOLLOWING IS A CONTRACT AND END USER LICENSE AGREEMENT FOR the ICLOSE-UP PROGRAM AND RELATED EXPLANATORY MATERIALS (hereinafter the Software). The term "Software" as used herein includes any upgrades, modified versions or updates of the Software licensed to you by Norton-Lambert Corp. 

 

BY INSTALLING THIS SOFTWARE YOU ARE INDICATING THAT YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.  If you do not agree with the terms and conditions specified below, terminate the installation operation and do not install or use the ICLOSE-UP program.

 

Please read this Agreement carefully.  At the bottom of this agreement, you will be asked to accept this agreement and continue the installation process or to terminate the installation process if you do not accept this agreement.  If you do not wish to accept this Agreement, you are not licensed to install or use the Software.

 

1. RIGHTS GRANTED TO YOU by this Agreement:

Norton-Lambert Corp. hereby grants to you a limited, personal, non-exclusive, non-transferable, terminable, license to install, use and copy the Software solely and limited to the extent necessary for you to:

a)  Install and/or operate the Software on one computer.  Installing and/or operating or copying any part of the Software which may be extracted from the Software is considered to be the same as installing and/or operating or copying the Software.  The license is to install and operate the Software on one computer.

b)  Make one copy of the Software for back-up purposes. You must place a copyright notice on the backup copy.

 

2. RESTRICTIONS THAT YOU ACCEPT WITH THIS LICENSE:

a) The Software can only be loaded on the hard disk of, or be in use on, one computer at any one time.

b) You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software.

c) You agree not to rent, lease, sublicense, assign, pledge, or transfer the Software on a temporary or permanent basis, without the prior written approval of Norton-Lambert Corp. 

d) You agree that you will not remove or obscure the Norton-Lambert Corp. copyright and trademark notices.

e) With respect any textual material provided with the Software you agree not to copy, reproduce, adapt, translate into any foreign language, or create derivative works based thereon.

 

3.  Copyright and Trademark Rights.  The Software is owned by Norton-Lambert, and its structure, organization and code are the valuable trade secrets of Norton-Lambert.  The Software also is protected by United States Copyright Law and International Treaty provisions.  Except as specifically stated herein, this Agreement does not grant you any intellectual property rights in the Software.

 

4. Internet Use.  Norton-Lambert runs a Server on the Internet (CINS Server) that can be used to connect to users by name instead of by IP address.  This is a gratuitous service provided by Norton-Lambert which accompanies each iClose-Up License.  However, Norton-Lambert reserves the right to discontinue providing its CINS Server services at any time without notice, and you agree that Norton-Lambert shall not be liable for any discontinuation or interruption in such CINS Server service, whether due to Norton-Lambert negligence or causes beyond its control.

 

5.  No Warranty.  The Software is being delivered to you AS IS and Norton-Lambert makes no warranty as to its use or performance.  NORTON-LAMBERT AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION.  NORTON-LAMBERT AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.  IN NO EVENT WILL NORTON-LAMBERT OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A NORTON-LAMBERT REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.  Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you.

 

6. Governing Law and General Provisions.  This Agreement will be governed by the laws of the State of California, U.S.A., excluding the application of its conflicts of law rules.  This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.  If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.  You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations.  This Agreement shall automatically terminate upon failure by you to comply with its terms.  This Agreement may only be modified in writing signed by an authorized officer of Norton-Lambert.

 

7. Notice to Government End Users.  If this product is acquired under the terms of a:  GSA contract- Use, reproduction or disclosure is subject to the restrictions set forth in the applicable ADP Schedule contract;  U.S. DOD contract- Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c) (1) (ii) of 252.227-7013;  Civilian agency contract- Use, reproduction, or disclosure is subject to 52.227-19 (a) through (d) and restrictions set forth in the accompanying end user agreement. 

 

Unpublished-rights reserved under the copyright laws of the United States.

NORTON-LAMBERT Corp.

 

Norton-Lambert, and ICLOSE-UP  are trademarks of NORTON-LAMBERT Corp.

 

 

                 The iClose-Up Router Service  -  ROUTER SERVICE AGREEMENT

 

1. Service:  Norton-Lambert provides a fee-based subscription Service to iClose-Up program users called the iClose-Up Router Service which allows an iClose-Up Client to connect through the Internet to an iClose-Up Server that is behind a Router.  While this Service is not required to use the iClose-Up program and to connect an iClose-Up Client to an iClose-Up Server that is behind a Router, the Service makes it easer to make this type of connection.

 

This Router Service is provided free for an evaluation period after which time there is a periodic, monthly subscription fee associated with the continued use of the iClose-Up Router Service.  Additional explanatory and other terms of the Service are located on at our Web site www.iclose-up.com which are incorporated herein.

 

Norton-Lambert makes no guarantees as to the continuous availability of the Service, or any specific function(s) of the Service.  Norton-Lambert reserves the right to change the Service, or stop the Service, or to increase the fees for the Service, at any time.  Norton-Lambert reserves the right to charge a higher fee if in Norton-Lambert’s sole opinion a user is using more bandwidth than the average user of the Service. 

 

2. Fees and Termination:  If you subscribe to the iClose-Up Router Service, fees will be charged monthly to your credit card in advance of each colander month Service Period.  Subscription charges for the first Service Period will be billed to your credit card on a prorated, daily basis for the duration of the month and thereafter billed within 10 days of the first day of each succeeding Service Period.  Your subscription to the iClose-Up Router Service will continue and renew automatically each month unless terminated by Norton-Lambert or until you notify Norton-Lambert in writing to cancel your subscription at least 10 days prior to the next Service Period.  You will not receive a refund for any fees in the event that you or Norton-Lambert terminates your subscription for the iClose-Up Router Service.  You shall remain liable for all fees incurred or accrued upon termination of the Service. 

 

3. Terms:  The laws of the State of California U.S.A govern the terms of this Agreement, and you agree to jurisdiction and venue in Santa Barbara County, California, in the event of any dispute regarding this Agreement or the Service.  If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced you may not assign any rights under this Agreement without prior written approval of Norton-Lambert.  Unless otherwise provided in this Agreement, any notice required or permitted to be given under this Agreement shall be delivered by any means providing for a senders receipt, with a confirming phone call.  Notice given shall be deemed effective when received.  These terms constitute the complete and exclusive understanding and agreement between the parties relating to the subject matter hereof and supersedes all prior understandings, proposals, agreements, negotiations and discussions between the parties, whether written or oral.

 

4. DISCLAIMER OF WARRANTIES:  YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR RISK.  THE SERVICE IS PROVIDED ON AN "AS IS" BASIS. NORTON-LAMBERT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS.  NORTON-LAMBERT MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY OR ERROR FREE, NOR DOES NORTON-LAMBERT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE.  YOU ASSUME THE SOLE RESPONCEABILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

 

5. LIMITATION OF LIABILITY:  IN NO EVENT SHALL NORTON-LAMBERT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF A NORTON-LAMBERT REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NORTON-LAMBERT’S LIABILITY TO YOU OR ANY THIRD PARTY IS LIMITED TO THE AMOUNT YOU PAID FOR THE LAST MONTH OF THE SERVICE.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 

 

 

YOUR ACCEPTANCE OF THE FOREGOING LICENSE AND ROUTER SERVICE AGREEMENTS WILL BE INDICATED when you select “I accept the terms in the license agreement” and then click the “Next” button or hit the “Enter” key and continue installing this software.  If you do not agree to these terms you must not use this software and you must destroy any copies in your possession.