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This is first
generation version software. It is under active development.The main
files you need is the WwWwVB.exe and the DLLwwww.dll which needs to
be in the same directoy as the executable and support files.

IMPORTANT-READ CAREFULLY: Please read this
PRISM video server Development Resources End-User License Agreement
("EULA") carefully and be sure you understand it. This EULA is a
legal agreement between you (an individual or single entity) and
Prism development ("Prism Video Networks"). By clicking on the "I
ACCEPT" button below, or by downloading, accessing or using any part
of the Development Resources, you acknowledge that you have read
this EULA, that you understand it, and that you agree to be legally
bound by its terms and conditions. If you do not agree to the terms
of this EULA, you may not install or use any of the Development
Resources.
If you or your employer has entered into a
separate agreement with Prism Video Networks residing at
http://www.mivideo.net/prism permitting you to use the
Development Resources, that agreement will govern your use of all
Development Resources to which it relates.
1. Definitions.
1.1 "API" means application programming
interface. APIs for the Prism Platform are designated either as
"preview" or "release" APIs.
1.2 "Development Resources" means any
development resources for the Prism Platform provided to you by
Prism Video Networks (whether as part of a Prism Developer Pack,
Prism Development Kit or otherwise), including, without limitation,
any computer software, utilities, printed material, online or
electronic documentation, Sample Code, or Redistributable
Components, as well as all updates or upgrades to any of the
foregoing for which Prism Video Networks does not require you to
accept the terms of a separate agreement.
1.3 "Prism Client Software" means any version
the Prism Internet communication and collaboration software
application (including its instant messaging and tray icon
functionality), which provides local, system-level functionality for
use of the Prism Platform.
1.4 "Prism Platform" means the client software
(including the Prism Client Software), server software and
client-based or server-based services developed and/or offered by
Prism Video Networks that together serve as a foundation for
development of software applications and components that people
and/or machines may use to communicate, interact and share or
exchange data over the Internet, LANs, WANs, and other computer
networks.
1.5 "Redistributable Code" means the
redistributable computer code, if any, included in the Development
Resources and described in a text file labeled \LICENSE\DISTRIB.TXT.
1.6 "Redistributable Components" means
Redistributable Code and/or Sample Code.
1.7 "Restricted Software" means software which
is licensed pursuant to terms that create or purport to create
obligations of Prism Video Networks with respect to any of the
Development Resources or the Prism Platform, or grant or purport to
grant to any third party any rights or immunities with respect to
the intellectual property or proprietary rights of Prism Video
Networks. By way of example and not limitation, Restricted Software
includes (a) software that requires, as a condition of its use,
modification and/or distribution, that a Solution be disclosed or
distributed in source code form, be licensed for the purpose of
making derivative works, or be redistributable at no charge; and (b)
software licensed or distributed under any of the following licenses
or distribution models, or licenses or distribution models similar
to any of the following: GNU is General Public License (GPL) or
Lesser/Library GPL (LGPL); The Artistic License (e.g., PERL); the
Mozilla Public License; the Netscape Public License; the Sun
Community Source License (SCSL); and the Sun Industry Standards
License (SISL).
1.8 "Sample Code" means the sample source code,
if any, included in the Development Resources and identified as
such.
1.9 "Skin" means a collection of one or more
bitmaps and audio files for the Prism Client Software that, among
other things, provides a user interface for the Standard Functional
Elements.
1.10 "Solution" means a software component,
application, or service, developed by you, that supplements or
extends the functionality of the Prism Platform, or that
interoperates with it or integrates it with other software or
systems.
1.11 "Standard Functional Elements" means the
Prism Client Software’s menu command container, toolbar command
container, member awareness panel, a push-to-talk control (including
lock, options menu, and volume controls), and text chat pane.
1.12 "Trademark Usage Policy" means the
document accessible through Prism Video Networks Web site (at
www.mivideo.net/prism ) that establishes certain terms and
conditions related to branding of Solutions, as this document may be
amended from time to time.
2. Ownership. The Development Resources are
licensed, not sold. You acknowledge that the Development Resources
and the Prism Platform (including any changes to it that you may
request or suggest) is the property of Prism Video Networks and/or
its licensors. Title to the Development Resources, each copy of
them, and all intellectual property rights embodied in or
represented by them will remain with Prism Video Networks and/or its
licensors at all times, as will all other rights not explicitly
granted to you under this EULA.
3. License Grant. Prism grants you the
following rights, provided you comply with all of the terms and
conditions of this EULA:
3.1 Internal Use of Development Resources. You
may install an unlimited number of copies of the Development
Resources on computers residing on your premises and use them to
design, develop and test Solutions. All contents of the Development
Resources other than the Redistributable Components are made
available to you for internal use only, without right of
distribution.
3.2 Sample Code. You may modify (i.e., enhance
the functionality of) the Sample Code to design, develop and test
Solutions. You may also reproduce and distribute the Sample Code in
object code form along with any modifications you make to the Sample
Code, provided you comply with the distribution terms described
below in Section 3.3.
3.3 Distribution Terms. You may reproduce and
distribute an unlimited number of copies of the Redistributable
Components in object code form, provided that (a) you distribute the
Redistributable Components only in conjunction with and as a part of
a Solution; (b) the Solution adds significant and primary
functionality to the Redistributable Components; (c) you distribute
the Solution pursuant to an end-user license agreement (which may be
"break-the-seal", "click-wrap" or signed), with terms no less
protective of the Redistributable Components than those contained in
this EULA; (d) you do not permit further redistribution of the
Redistributable Components by your end-users; (e) you do not
incorporate Redistributable Components (or any permitted derivative
work thereof) into, or combine or distribute them in conjunction
with, Restricted Software; (f) you indemnify, defend, and hold Prism
Video Networks harmless from and against any claims or lawsuits,
including attorneys' fees, that arise or result from the use or
distribution of the Solution; (g) you include a valid copyright
notice on your Solution; (h) you do not use Prism Video Networks
name, logos, or trademarks in connection with the Solution, except
that you must place the following copyright notice in one or more
conspicuous place(s) in the Solution (e.g., in the Solutions About
box or near Participantis own copyright notice): "Portions (c)
[insert year(s) of distribution of the Solution] Prism Video
Networks, Inc."; and (i) you comply with any other terms and
conditions for use of Redistributable Components that may be set
forth in the Development Resources. Contact Prism Video Networks for
the applicable licensing terms for all other uses and/or
distribution of Redistributable Components.
3.4 U.S. Government CUSTOMERS AND end users.
The Development Resources are "commercial items" as defined at 48
C.F.R. 2.101, consisting of "commercial computer software" and
"commercial computer software documentation." Notwithstanding
anything to the contrary in this EULA, the U.S. Government sometimes
makes certain minimum rights of use, reproduction, and disclosure a
condition of its purchase or acquisition of commercial software.
Accordingly:
(i) GSA Supply Schedule Acquisitions. For
government purchases or acquisitions through a GSA Supply Schedule
contract, use, reproduction, and disclosure of the Development
Resources are subject to restrictions set forth (in March 2002) in d
8 of GSAis "Terms and Conditions Applicable to . . . [SINs] 132-32 .
. ., 132-33 . . . and 132-34 . . .."
(ii) FAR Acquisitions. For government purchases
or acquisitions under the authority of Federal Acquisition
Regulation ("FAR") Part 12, the rights of use, reproduction, and
disclosure are only as stated in Sections 3 and 4 of this EULA.
(iii) DOD Acquisitions. For government
purchases or acquisitions by the Department of Defense, the rights
of use, reproduction, and disclosure are only as stated in Section 3
and 4 of this EULA, per DFARS 227.7202-3(a).
(iv) RESTRICTED RIGHTS NOTICE (JUN 1987). For
all other government purchases or acquisitions (that is, under
authority other than a GSA Supply Schedule contract, FAR Part 12, or
the DFARS), the Software is submitted with restricted rights under
FAR 52.227-14 Alt. III. It may not be used, reproduced, or disclosed
by the government except as provided in paragraph (b) of FAR
52.227-14 Alt. III or as otherwise expressly stated in Sections 3
and 4 of this EULA.
4. Restrictions and Obligations.
4.1 You agree to (a) use only those APIs,
services and protocols related to the Prism Platform that are
documented in the Development Resources; (b) use reasonable efforts
to comply with the development guidelines and naming conventions set
forth in the Development Resources; (c) use only "release" APIs in
those Solutions that you distribute, deploy, or otherwise make
available to third parties; and (d) use "preview" APIs only for
internal, non-production uses, such as creating prototype Solutions
that make use of preview APIs.
4.2 You agree not to (a) knowingly distribute,
deploy or otherwise make Solutions available to parties that do not
have a valid license to use the Prism Platform technology for which
the Solution was developed or with which it interoperates; (b)
knowingly permit or cause any party to violate the terms of its
license or service agreement pertaining to any Prism Video Networks
product or service (including, without limitation, the Prism Client
Software), or permit or cause any party to use, access or obtain
functionality from any Prism Video Networks product, feature, or
service (including, without limitation, the document management
framework functionality of the Prism Client Software) without first
reasonably ensuring that the party is subject to a current and valid
agreement permitting it to use, access or obtain functionality from
that product, feature, or service; (c) distribute, deploy or
otherwise make Skins available; or (d) distribute, deploy or
otherwise make available any Solution that (i) alters or interferes
with the functionality of the Prism Client Software, including,
without limitation, any of the Standard Functional Elements; (ii)
directly exposes an API to the Prism Platform through an API to the
Solution; or (iii) modifies, disables, circumvents, avoids,
bypasses, removes, deactivates, impairs or otherwise interferes with
any security, privacy, component management, license management,
customer service management, or bandwidth management features of the
Prism Platform, or any features of any Prism Platform technology
that enforce license restrictions or limits or report technical or
statistical information to Prism Video Networks.
4.3 Except as otherwise provided in this EULA
with respect to modification of Sample Code, you agree that you will
not, nor will you allow others to, directly or indirectly modify,
decompile, reverse-engineer or disassemble any part of the
Development Resources or the Prism Platform, except to the limited
extent, if any, you may be permitted to do so by applicable law
despite this restriction.
4.4 Except as may be permitted by the Trademark
Usage Policy, you agree not to alter, remove or obscure any
copyright, trademark or other proprietary notice contained in or on
the Development Resources or any portion of the Prism Platform.
4.5 You agree not develop Solutions or
otherwise use or encourage use of the Prism Platform for a purpose
or in a manner not permitted by the terms of Prism Video Networks
Acceptable Use Policy (including, without limitation, infringement
of intellectual property rights), as it may be amended from time to
time. Prism Video Networks Acceptable Use Policy is accessible on
our website at
www.mivideo.net/prism . You also agree that you will not, and
that you will not knowingly permit others to, use the Prism Platform
either directly or indirectly to compromise the security of, or
repeatedly request access to or data from, a Prism Video Networks
computer or other resource, or a computer or other resource of any
other individual or entity, with the intent of disrupting or
monopolizing the computer or other resource.
5. Warranty disclaimer.
5.1 No Warranties. Some of the contents of the
Development Resources (including the APIs described therein) may be
in "alpha," "beta," preview or other pre-prerelease form and, as
such, may contain bugs, may not operate properly or perform all
intended functions, may interfere with the functioning of hardware
or software, and may cause errors, data loss or other problems. YOU
AGREE THAT ALL OF THE Development Resources ARE PROVIDED OR MADE
AVAILABLE TO YOU "AS IS" AND ON AN "AS AVAILABLE" BASIS. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Prism Video Networks,
ITS LICENSORS AND ITS LICENSORS DISTRIBUTORS DISCLAIM ALL WARRANTIES
WITH RESPECT TO THE DEVELOPMENT RESOURCES AND THE Prism PLATFORM,
WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED
WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT. This disclaimer of
warranties is an essential part of this EULA.
5.2 U.S. Government Customers and End Users.
The Development Resources that are the subject of this EULA are
"commercial items," as that term is defined in 48 C.F.R. 2.101,
consisting of "commercial computer software" and "commercial
computer software documentation." For government purchases or
acquisitions through a GSA Supply Schedule contract, the government
customer and end users accept the standard, commercial Prism Video
Networks warranty terms per d 2.a of GSAis "Terms and Conditions
Applicable to . . . [SINs] 132-32 . . ., 132-33 . . . and 132-34 . .
.." For government purchases or acquisitions under the authority of
Federal Acquisition Regulation ("FAR") Part 12, the government
customer and end user accept the standard, commercial Prism Video
Networks warranty terms and 48 C.F.R. 52.212-4(o) and (p). For all
government purchases or acquisitions that are not through a GSA
Supply Schedule contract or FAR Part 12, the government customer and
end user accept the standard, commercial Prism Video Networks
warranty per 48 C.F.R. 46.709 (prime contracts) or 52.244-6
(subcontracts).
6. Limitation of Liability.
6.1 TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, NEITHER Prism Video Networks NOR ANY OF ITS
DIRECTORS, OFFICERS, EMPLOYEES, CONTROLLED OR CONTROLLING ENTITIES,
BUSINESS PARTNERS, AGENTS, THIRD-PARTY CONTENT PROVIDERS, LICENSORS,
OR LICENSORS DISTRIBUTORS (EACH, A "RELEASED PARTY") WILL BE LIABLE
TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL,
INCIDENTAL, SPECIAL, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS)
ARISING OUT OF OR RELATED TO THIS EULA, THE Development Resources,
OR THE Prism PLATFORM, EVEN IF Prism Video Networks OR A RELEASED
PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE
EXTENT THE FOREGOING LIMITATIONS OF LIABILITY ARE HELD TO BE
INAPPLICABLE OR UNENFORCEABLE IN ANY JURISDICTION, IN WHOLE OR IN
PART, FOR ANY REASON, Prism Video Networks AND THE RELEASED Parties
AGGREGATE LIABILITY IN CONNECTION WITH ALL CLAIMS ARISING OUT OF OR
IN ANY WAY RELATED TO THIS EULA, THE Development Resources AND THE
Prism PLATFORM WILL BE LIMITED IN SUCH JURISDICTION(S) TO THE LOWER
OF DIRECT DAMAGES ACTUALLY INCURRED OR ONE DOLLAR ($1). This
limitation of liability is an essential part of this EULA.
6.2 IN RECOGNITION OF THE FACT THAT THE
DEVELOPMENT RESOURCES ARE BEING LICENSED TO YOU FREE OF CHARGE, YOU
ALSO AGREE THAT Prism Video Networks AND EACH RELEASED PARTY ‘S
AGGREGATE LIABILITY FOR ANY DIRECT DAMAGES ARISING OUT OF OR RELATED
TO THIS EULA, THE Development Resources, OR THE Prism PLATFORM WILL
BE LIMITED TO THE FULL EXTENT THAT ALL OTHER TYPES OF DAMAGES ARE
LIMITED UNDER SECTION 6.1, EVEN IF Prism Video Networks OR A
RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Maintenance and Support. This EULA does not
obligate Prism Video Networks to provide maintenance or support
related to the Development Resources or the Prism Platform to you or
any third party. If Prism Video Networks makes error corrections,
supplements, updates or upgrades to the Development Resources
available to you, they will be subject to the terms of this EULA.
You agree to provide all end-user support for your Solutions.
8. INDEMNIFICATION. You agree to indemnify
Prism Video Networks against and hold it harmless from all claims,
damages or other liability to third parties arising from or related
to your Solutions ("Claims"), as well as all related costs and
expenses (including reasonable attorney’s fees), provided that
Prism Video Networks promptly notifies you of a Claim after becoming
aware of it, permits you to control the defense or settlement of the
Claim, and provides you reasonable assistance in any legitimate
defense of the Claim.
9. Termination. This EULA and your right to use
the Development Resources will terminate automatically if you fail
to comply with the terms this EULA. Prism Video Networks may
terminate this EULA at any time by delivering notice to you or
posting notice of termination on its website. You may terminate this
EULA at any time by destroying or erasing all copies of each portion
of the Development Resources in your possession or control. Upon
termination of this EULA, you agree to destroy or erase all copies
of all portions of the Development Resources then in your possession
or control.
10. Miscellaneous provisions.
10.1 Governing Law. The interpretation and
performance of this EULA will be governed by the laws of the
Commonwealth of Massachusetts, USA, applicable to contracts executed
in and performed entirely within Massachusetts, but excluding any
choice of law principles that would result in the application of the
laws of another jurisdiction. The parties expressly agree that the
United Nations Convention on Contracts for the International Sale of
Goods will not apply to this EULA.
10.2 Dispute Resolution. Any litigation arising
under or related to this EULA will be brought only in the United
States District Court for the District of Massachusetts, or, if
federal subject matter jurisdiction is lacking, then in the
Massachusetts state trial court for the division and county in which
Prism Video Networks or its successors or assigns principal office
in Massachusetts is then located. You hereby submit to the personal
jurisdiction of these courts and waive all objections to placing
venue exclusively before them. The prevailing party in any
litigation arising under or related to this EULA, in addition to any
other relief granted to it, will be entitled to recover from the
losing party its reasonable attorney’s fees and costs incurred in
connection with the litigation. Notwithstanding the foregoing, Prism
Video Networks acknowledges that the Contract Disputes Act, its
implementing regulations and its judicial interpretations may take
precedence when the U.S. Government is the party accepting this EULA,
if required by law; whenever commercial item protections or other
exceptions permit this commercially offered Dispute Resolution
clause to apply, however, it applies in full force.
10.3 Assignment. This EULA will inure to the
benefit of and will be binding upon the successors and permitted
assigns of the parties. Prism Video Networks acknowledges its
obligation to honor the Assignment of Claims Act, their implementing
regulations, and judicial interpretations, under any direct
contracts with the U.S. Government.
10.4 Severability. Each provision of this EULA
is severable from the whole, and if one provision is declared
invalid, the other provisions will remain in full force and effect.
In the event that any provision of this EULA is held invalid or
unenforceable by any court or other tribunal having jurisdiction
over the parties and the subject matter, the parties agree that the
invalid or unenforceable provision will be replaced with a valid
provision that approximates the intent and economic effect of the
invalid provision as closely as possible.
10.5 No Waiver. No delay or omission by either
party to exercise any right or power arising upon the other party’s
nonperformance or breach will impair that right or power or be
construed as a waiver of it. Any waiver must be in writing and
signed by the waiving party. A waiver on one occasion will not be
construed as a waiver of any subsequent event of nonperformance or
breach.
10.6 Export Restrictions. You acknowledge and
agree that the Development Resources are subject to U.S. export
jurisdiction. You agree to strictly comply with all applicable
export and import laws of the United States and other governments
applicable to your use of the Development Resources and to obtain
all required licenses to export, re-export or import all products
you distribute that you have developed using the Development
Resources.
10.7 Survival. The provisions of Sections 2, 5,
6, 8, 9 and 10 will survive the termination of this EULA.
10.8 Entire Agreement; Amendment. This EULA,
including the Trademark Usage Policy and Prism Acceptable Use
Policy, which are incorporated herein by this reference, sets forth
the complete and entire agreement between you and Prism Video
Networks concerning its subject matter. Prism Video Networks may
amend this EULA at any time by publication of a revised version of
it on Prism Video Networks web site (located at http://www.mivideo.net/prism).
Your continued use of any portion of the Development Resources
following publication of any such revised version will be deemed
acceptance by you of the revised terms and conditions of this EULA.
If any of the revised terms and conditions is unacceptable to you,
you must immediately cease using the Development Resources and
destroy all copies of them in your possession.

END-USER LICENSE AGREEMENT FOR Prism software
WINDOWS SERVER 2003 RESOURCE KIT
IMPORTANT-READ CAREFULLY: This End-User License Agreement (“EULA”)
is a legal agreement between you (either an individual or a single
entity) and Prism software Corporation for the Prism software
software that accompanies this EULA, which includes computer
software and may include associated media, printed materials,
“online” or electronic documentation, and Internet-based services
(“Software”). An amendment or addendum to this EULA may accompany
the Software. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY
INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE. IF YOU DO NOT
AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE.
1. GRANT OF LICENSE. Provided that you comply with all terms and
conditions of this EULA, Prism software grants you a personal,
nonexclusive, royalty-free license to install and use the Software.
You may install and use the Software on an unlimited number of
computers so long as you are the only individual or entity using the
Software.
2. RESERVATION OF RIGHTS AND OWNERSHIP. Prism software
reserves all rights not expressly granted to you in this EULA. The
Software is protected by copyright and other intellectual property
laws and treaties. Prism software or its suppliers own the
title, copyright, and other intellectual property rights in the
Software. The Software is licensed, not sold.
3. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND
DISASSEMBLY. You may not reverse engineer, decompile, or disassemble
the Software, except and only to the extent that such activity is
expressly permitted by applicable law notwithstanding this
limitation.
4. COMPONENT EULAS. As a kit of tools and other Prism software
software programs (each such tool or software program, a
“Component”), the Software may contain one or more Components for
which a separate end-user license agreement (a “Component EULA”) may
appear upon installation of the applicable Component. In the event
of inconsistencies between this EULA and any Component EULA, the
terms of the Component EULA will control as to the applicable
Component.
5. NO RENTAL/COMMERCIAL HOSTING. You may not rent, lease, lend or
provide commercial hosting services with the Software.
6. CONSENT TO USE OF DATA. You agree that Prism software and
its affiliates may collect and use technical information gathered as
part of the product support services provided to you, if any,
related to the Software. Prism software may use this
information solely to improve our products or to provide customized
services or technologies to you and will not disclose this
information in a form that personally identifies you.
7. LINKS TO THIRD PARTY SITES. You may link to third party sites
through the use of the Software. The third party sites are not under
the control of Prism software , and Prism software is not
responsible for the contents of any third party sites, any links
contained in third party sites, or any changes or updates to third
party sites. Prism software is not responsible for webcasting
or any other form of transmission received from any third party
sites. Prism software is providing these links to third party
sites to you only as a convenience, and the inclusion of any link
does not imply an endorsement by Prism software of the third
party site.
8. ADDITIONAL SOFTWARE/SERVICES. This EULA applies to updates,
supplements, add-on components, or Internet-based services
components, of the Software that Prism software may provide to
you or make available to you after the date you obtain your initial
copy of the Software, unless we provide other terms along with the
update, supplement, add-on component, or Internet-based services
component. Prism software reserves the right to discontinue
any Internet-based services provided to you or made available to you
through the use of the Software. Prism software is not
obligated to provide maintenance, technical or other support, or
updates to you for the Software.
9. U.S. GOVERNMENT LICENSE RIGHTS. All Software provided to the U.S.
Government pursuant to solicitations issued on or after December 1,
1995 is provided with the commercial license rights and restrictions
described elsewhere herein. All Software provided to the U.S.
Government pursuant to solicitations issued prior to December 1,
1995 is provided with “Restricted Rights” as provided for in FAR, 48
CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988),
as applicable.
10. EXPORT RESTRICTIONS. You acknowledge that the Software is
subject to U.S. export jurisdiction. You agree to comply with all
applicable international and national laws that apply to the
Software, including the U.S. Export Administration Regulations, as
well as end-user, end-use, and destination restrictions issued by
U.S. and other governments. For additional information see <http://www.Prism
software .com/exporting/>.
11. SOFTWARE TRANSFER. The initial user of the Software may make a
one-time permanent transfer of this EULA and Software to another end
user, provided the initial user retains no copies of the Software.
The transfer may not be an indirect transfer, such as a consignment.
Prior to the transfer, the end user receiving the Software must
agree to all the EULA terms.
12. TERMINATION. Without prejudice to any other rights, Prism
software may terminate this EULA if you fail to comply with
the terms and conditions of this EULA. In such event, you must
destroy all copies of the Software and all of its component parts.
13. DISCLAIMER OF WARRANTIES. To the maximum extent permitted by
applicable law, Prism software and its suppliers provide the
Software, and support services (if any) AS IS AND WITH ALL FAULTS,
and Prism software and its suppliers hereby disclaim all OTHER
warranties and conditions, whether express, implied or statutory,
including, but not limited to, any (if any) IMPLIED warranties,
DUTIES or conditions of MERCHANTABILITY, OF fitness for a particular
purpose, OF RELIABILITY OR AVAILABILITY, OF ACCURACY OR COMPLETENESS
OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES,
AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THE SOFTWARE, AND THE
PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES,
INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR
OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE. also, there is no
warranty or condition of title, quiet enjoyment, quiet possession,
correspondence to description or non-infringement with regard to the
Software. THE ENTIRE RISK AS TO THE QUALITY, OR ARISING OUT OF THE
USE OR PERFORMANCE OF THE SOFTWARE AND ANY SUPPORT SERVICES, REMAINS
WITH YOU.
14. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER
DAMAGES. To the maximum extent permitted by applicable law, in no
event shall Prism software or its suppliers be liable for any
special, incidental, punitive, indirect, or consequential damages
whatsoever (including, but not limited to, damages for loss of
profits or confidential or other information, for business
interruption, for personal injury, for loss of privacy, for failure
to meet any duty including of good faith or of reasonable care, for
negligence, and for any other pecuniary or other loss whatsoever)
arising out of or in any way related to the use of or inability to
use the SOFTWARE, the provision of or failure to provide Support OR
OTHER Services, informatIon, software, and related CONTENT through
the software or otherwise arising out of the use of the software, or
otherwise under or in connection with any provision of this EULA,
even in the event of the fault, tort (including negligence),
misrepresentation, strict liability, breach of contract or breach of
warranty of Prism software or any supplier, and even if Prism
software or any supplier has been advised of the possibility
of such damages. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
15. LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY
DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR
GENERAL DAMAGES IN CONTRACT OR ANYTHING ELSE), THE ENTIRE LIABILITY
OF Prism software AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION
OF THIS EULA AND YOUR EXCLUSIVE REMEDY HEREUNDER SHALL BE LIMITED TO
THE GREATER OF THE ACTUAL DAMAGES YOU INCUR IN REASONABLE RELIANCE
ON THE SOFTWARE UP TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE
SOFTWARE OR US$5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND
DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
16. APPLICABLE LAW. If you acquired this Software in the United
States, this EULA is governed by the laws of the State of
Washington. If you acquired this Software in Canada, unless
expressly prohibited by local law, this EULA is governed by the laws
in force in the Province of Ontario, Canada; and, in respect of any
dispute which may arise hereunder, you consent to the jurisdiction
of the federal and provincial courts sitting in Toronto, Ontario. If
you acquired this Software in the European Union, Iceland, Norway,
or Switzerland, then local law applies. If you acquired this
Software in any other country, then local law may apply.
17. ENTIRE AGREEMENT; SEVERABILITY. This EULA (including any
addendum or amendment to this EULA which is included with the
Software) are the entire agreement between you and Prism software
relating to the Software and the support services (if any) and they
supersede all prior or contemporaneous oral or written
communications, proposals and representations with respect to the
Software or any other subject matter covered by this EULA. To the
extent the terms of any Prism software policies or programs
for support services conflict with the terms of this EULA, the terms
of this EULA shall control. If any provision of this EULA is held to
be void, invalid, unenforceable or illegal, the other provisions
shall continue in full force and effect.

Si vous avez acquis votre logiciel Prism software au CANADA :
DÉNI DE GARANTIES. Dans la mesure maximale permise par les lois
applicables, le Logiciel et les services de soutien technique (le
cas échéant) sont fournis TELS QUELS ET AVEC TOUS LES DÉFAUTS par
Prism software et ses fournisseurs, lesquels par les présentes
dénient toutes autres garanties et conditions expresses, implicites
ou en vertu de la loi, notamment, mais sans limitation, (le cas
échéant) les garanties, devoirs ou conditions implicites de qualité
marchande, d’adaptation à une fin usage particulièere, de fiabilité
ou de disponibilité, d’exactitude ou d’exhaustivité des réponses,
des résultats, des efforts déployés selon les règles de l’art,
d’absence de virus et d’absence de négligence, le tout à l’égard du
Logiciel et de la prestation des services de soutien technique ou de
l’omission de la ’une telle prestation des services de soutien
technique ou à l’égard de la fourniture ou de l’omission de la
fourniture de tous autres services, renseignements, logiciels, et
contenu qui s’y rapporte grâce au Logiciel ou provenant autrement de
l’utilisation du Logiciel . PAR AILLEURS, IL N’Y A AUCUNE GARANTIE
OU CONDITION QUANT AU TITRE DE PROPRIÉTÉ, À LA JOUISSANCE OU LA
POSSESSION PAISIBLE, À LA CONCORDANCE À UNE DESCRIPTION NI QUANT À
UNE ABSENCE DE CONTREFAÇON CONCERNANT LE LOGICIEL.
EXCLUSION DES DOMMAGES ACCESSOIRES, INDIRECTS ET DE CERTAINS AUTRES
DOMMAGES. DANS LA MESURE MAXIMALE PERMISE PAR LES LOIS APPLICABLES,
EN AUCUN CAS Prism software OU SES FOURNISSEURS NE SERONT
RESPONSABLES DES DOMMAGES SPÉCIAUX, CONSÉCUTIFS, ACCESSOIRES OU
INDIRECTS DE QUELQUE NATURE QUE CE SOIT (NOTAMMENT, LES DOMMAGES À
L’ÉGARD DU MANQUE À GAGNER OU DE LA DIVULGATION DE RENSEIGNEMENTS
CONFIDENTIELS OU AUTRES, DE LA PERTE D’EXPLOITATION, DE BLESSURES
CORPORELLES, DE LA VIOLATION DE LA VIE PRIVÉE, DE L’OMISSION DE
REMPLIR TOUT DEVOIR, Y COMPRIS D’AGIR DE BONNE FOI OU D’EXERCER UN
SOIN RAISONNABLE, DE LA NÉGLIGENCE ET DE TOUTE AUTRE PERTE
PÉCUNIAIRE OU AUTRE PERTE DE QUELQUE NATURE QUE CE SOIT) SE
RAPPORTANT DE QUELQUE MANIÈRE QUE CE SOIT À L’UTILISATION DU
LOGICIEL OU À L’INCAPACITÉ DE S’EN SERVIR, À LA PRESTATION OU À
L’OMISSION DE LA ’UNE TELLE PRESTATION DE SERVICES DE SOUTIEN
TECHNIQUE OU À LA FOURNITURE OU À L’OMISSION DE LA FOURNITURE DE
TOUS AUTRES SERVICES, RENSEIGNEMENTS, LOGICIELS, ET CONTENU QUI S’Y
RAPPORTE GRÂCE AU LOGICIEL OU PROVENANT AUTREMENT DE L’UTILISATION
DU LOGICIEL OU AUTREMENT AUX TERMES DE TOUTE DISPOSITION DE LA U
PRÉSENTE CONVENTION EULA OU RELATIVEMENT À UNE TELLE DISPOSITION,
MÊME EN CAS DE FAUTE, DE DÉLIT CIVIL (Y COMPRIS LA NÉGLIGENCE), DE
RESPONSABILITÉ STRICTE, DE VIOLATION DE CONTRAT OU DE VIOLATION DE
GARANTIE DE Prism software OU DE TOUT FOURNISSEUR ET MÊME SI
Prism software OU TOUT FOURNISSEUR A ÉTÉ AVISÉ DE LA
POSSIBILITÉ DE TELS DOMMAGES.
LIMITATION DE RESPONSABILITÉ ET RECOURS. MALGRÉ LES DOMMAGES QUE
VOUS PUISSIEZ SUBIR POUR QUELQUE MOTIF QUE CE SOIT (NOTAMMENT, MAIS
SANS LIMITATION, TOUS LES DOMMAGES SUSMENTIONNÉS ET TOUS LES
DOMMAGES DIRECTS OU GÉNÉRAUX OU AUTRES), LA SEULE RESPONSABILITÉ
’OBLIGATION INTÉGRALE DE Prism software ET DE L’UN OU L’AUTRE
DE SES FOURNISSEURS AUX TERMES DE TOUTE DISPOSITION DEU LA PRÉSENTE
CONVENTION EULA ET VOTRE RECOURS EXCLUSIF À L’ÉGARD DE TOUT CE QUI
PRÉCÈDE SE LIMITE AU PLUS ÉLEVÉ ENTRE LES MONTANTS SUIVANTS : LE
MONTANT QUE VOUS AVEZ RÉELLEMENT PAYÉ POUR LE LOGICIEL OU 5,00 $US.
LES LIMITES, EXCLUSIONS ET DÉNIS QUI PRÉCÈDENT (Y COMPRIS LES
CLAUSES CI-DESSUS), S’APPLIQUENT DANS LA MESURE MAXIMALE PERMISE PAR
LES LOIS APPLICABLES, MÊME SI TOUT RECOURS N’ATTEINT PAS SON BUT
ESSENTIEL.
À moins que cela ne soit prohibé par le droit local applicable, la
présente Convention est régie par les lois de la province d’Ontario,
Canada. Vous consentez Chacune des parties à la présente reconnaît
irrévocablement à la compétence des tribunaux fédéraux et
provinciaux siégeant à Toronto, dans de la province d’Ontario et
consent à instituer tout litige qui pourrait découler de la présente
auprès des tribunaux situés dans le district judiciaire de York,
province d’Ontario.
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