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Westwood Software License Agreement

Note:

MarmotSearch was developed by years of hard work for the love of the technology, and hope that folks like you find a need for it. This agreement protects Westwood Software from any who desire to either steal this work for their own profit, or claim this work has caused harm in order to file suit. Westwood software desires nothing from its users who accept this agreeement via the link below, except enjoyment of the product.

Introduction:

You must read before copying, installing or using this software via the acceptance below. Do not use or load this software until you have carefully read the following terms and conditions.

You may download this Software free of charge onto your or your organization's computers and use an unlimited number of times for you and/or your organization's use subject to the conditions below.

Westwood Software makes this Software available for your use subject to the terms and conditions set forth in this document and any changes to this document that Westwood Software may publish from time to time. By loading or using the Software, you agree to the terms of this Agreement. If you do not wish to so agree, do not install or use the Software. Westwood Software reserves the right to change this Software and licensing from time to time at its sole discretion, and will provide notice of material changes on the home page of the Site. Your continued use of the Software after such notice has been posted constitutes your acceptance of the changes. Your use of the Software will be subject to the most current version of this License Agreement at the time of such use. You should periodically check this License Agreement then-current terms. If you breach any of the items in this License Agreement, your authorization to use this Software automatically terminates, and this Softare downloaded must be immediately destroyed.

 

Intellectual Property Rights:

This software is protected by copyright, trademark, patent, and/or other intellectual property laws of the United States, other countries, and international treaty provisions, and any unauthorized use of the software may violate such laws and this License Agreement. Except as otherwise expressly povided herein, Westwood Software does not grant any express or implied rights to use the software. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, transfer, decompile, reverse engineer, disassemble, or otherwise attempt to discover the source code of this Software, or create derivative works based on this Software except as expressly authorized herein.

No rights or licenses are granted by Intel to You, expressly or by implication, with respect to any proprietary information or patent, copyright, trademark, trade secret, or other intellectual property right owned or controlled by Westwood Software, except as expressly provided in this Agreement.

 

Use of Software:

Except as indicated to the contrary elsewhere on this Site, you may download this Software Content and Use subject to the following conditions:

- This Software may be used solely for personal, informational, and internal purposes.

- This Software may not be modified or altered in any way.

- This Software Content may not be distributed or sold, rented, leased, or licensed to others.

You may not remove any copyright or other proprietary notices contained in the materials on this site

Westwood Software reserves the right to revoke the authorization to download, and run this Software on this Site at any time, and any such use shall be discontinued immediately upon notice from Westwood Software.

The rights granted to you constitute a license and not a transfer of title. Title to all copies of the Software remains with Westwood Software.

 

Westwood Software Liability Protections:

The user takes full responsibility to conform with license agreements of third parties when using this software to search said third party sites, and therefore Westwood software has no liability for the user failing to follow said agreements.

This Software is provided "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, Westwood Software makes no warranty that

(i) this Software will meet your requirements;

(ii) this software will be uninterrupted, timely, secure, or error-free;

(iii) the results that may be obtained from the use of the software will be effective, accurate, or reliable;

(iv) the quality of this software will meet your expectations; and

(v) any errors in this software will be corrected.

This Software could include technical or other mistakes, inaccuracies, or typographical errors. Westwood Software may make changes to this software, including its description listed herein, at any time without notice. The materials or software at this site may be out of date, and Westwood Software makes no commitment to update such materials or services.

The use of this software is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data, or other harm that results from such activities. Westwood Software assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the site or in connection with this Software offered through the site. No advice or information, whether oral or written, obtained by you from Westwood Software or through or from the site shall create any warranty not expressly stated in the terms of use.

This Site is controlled, operated, and administered by Westwood Software from its office within the United States of America. Westwood Software makes no representation that this Site, or this Software, are appropriate or available for use at other locations outside the United States, and access to the Site from territories where the Site or any of its Software are illegal is prohibited. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws.

In no event, including, without limitation, negligence, shall Westwood Software, its directors, or employees be liable to you or any third party for any special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data, or profits, business continuity, whether or not Westwood Software has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of or the inability to use this site, this software, any failure to store or loss of data, files, or other content, any services available through the site that are delayed or interrupted.

 

User Conduct:

In using this Site and Software you agree:

- Not to disrupt or interfere with any other user's enjoyment of this Site;

- Not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files;

- Not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources, servers, or networks connected to or accessible through this Site or any affiliated or linked sites.

 

Export control laws:

Notice to U.S. government users The export and re-export of Westwood Software software products are controlled by the United States Export Administration Regulations, and such software may not be exported or re-exported to Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any country to which the United States embargoes goods. In addition, Westwood Software software may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals. By downloading an Westwood Software software product you are certifying that you are not a national of Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any country to which the United States embargoes goods, and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

All Westwood Software products and publications are commercial in nature. The software and documentation available on this Site are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (A) only as Commercial Items and (B) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

 

General:

This License Agreement constitute the entire agreement between Westwood Software and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of this License Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of Westwood Software as reflected by that provision, and the remainder of this License Agreement shall continue in full force and effect. Any failure by Westwood Software to enforce or exercise any provision of this License Agreement or related right shall not constitute a waiver of that right or provision. The Software is provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to restrictions as set forth in FAR52.227-14 and DFAR252.227-7013 et seq. or its successor. Use of the Software by the Government constitutes acknowledgment of Westwood Software's proprietary rights therein. Contractor or Manufacturer is Westwood Software.

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