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Website Unseen License Agreement

MTAA's Web Site Unseen (TM) User License Agreement BY ORDERING A VERSION OF MTAA's Web Site Unseen (TM), to be known as to hereafter as "the Artwork", YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT ORDER THE ARTWORK. ORDER GRANT MTAA's Web Site Unseen (TM) grants you, a personal, exclusive, transferable license to own the Artwork. This license does not entitle you to hard-copy documentation, support, or telephone assistance. MTAA (TM) does not intend to distribute a commercial release of the artwork, but may reserve the right at any time to release documentation of the Artwork. If released, documentation may alter features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the Artwork. This license does not grant you any right to any enhancement or update to the Artwork. LIMITATIONS You will not, and your license to the Artwork is conditioned upon you not doing any of the following: (i) modify or translate the Artwork in any manner, (ii) decompile, disassemble or otherwise reverse engineer the Artwork (except to the extent, if at all, that applicable laws in the European Community specifically prohibit such restriction), (iii) create derivative works based on the Artwork, (iv) or reproduce the Artwork other than for back-up or archival purposes. You may sell or otherwise transfer rights to the Artwork. You may not rent, lease, grant a security interest in the Artwork or remove any proprietary notices or labels on the Artwork. You may not permit other individuals to use the Artwork except under the terms of this Agreement. You may not publish or provide any documentation of the Artwork to a third party without the prior written consent of MTAA (TM). TERM AND TERMINATION The right for the Artwork shall be effective from the date of your order. This right shall terminate automatically be revoked when any of the following occur: (i) you discontinue use of the Artwork and delete all copies of the Artwork and all copies of accompanying documentation from your computer, or (ii) you fail to comply with the limitations described herein. Further, MTAA (TM) may terminate this license at any time by providing individual or public notice of the intent to terminate based on failure to compile with terms of this license. Upon termination of this license you agree to destroy all copies of the Artwork. PROPRIETARY RIGHTS Except for the limited license granted hereunder, MTAA (TM) retains all right, title and interest in and to the Artwork, all copies thereof, and all proprietary rights therein, including without limitation copyrights, patents and trade secret rights. EXPORT CONTROLS You may not download, acquire, use, transfer or otherwise export or reexport the Artwork or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. WARRANTY DISCLAIMER YOU UNDERSTAND THAT THE ARTWORK HAS NOT BEEN FULLY TESTED OR DEBUGGED, THAT THE ARTWORK MAY NOT PRESENTLY BE RELIABLE OR SUITABLE FOR USE, AND THAT MTAA (TM)) MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ARTWORK. THE ARTWORK IS PROVIDED TO YOU "AS IS". MTAA (TM) EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY REPRESENTATIONS OR WARRANTIES THAT THE ARTWORK WILL NOT INFRINGE ANY COPYRIGHT OR OTHER PROPRIETARY RIGHT OF ANY THIRD PERSON. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE ARTWORK IS BORNE BY YOU. SHOULD THE ARTWORK PROVE DEFECTIVE, YOU AND NOT MTAA (TM)) ASSUME THE ENTIRE COST OF ANY SERVICE OR REPAIR. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT OR OTHERWISE, SHALL MTAA (TM) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY, ARISING UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOST DATA, RE-RUN TIME, INACCURATE INPUT, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF MTAA (TM) SHALL HAVE BEEN APPRISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF ALL DATA USED IN CONNECTION WITH THE ARTWORK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. U.S. GOVERNMENT END USERS The Artwork is subject to Restricted Rights and is subject to the restrictions set forth in the Federal Acquisitions Regulations. The Artwork IS NOT a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire the Artwork without those rights set forth herein. GENERAL This Agreement constitutes the entire understanding and agreement between MTAA (TM) and you with respect to the transactions contemplated herein and supersedes any and all prior or contemporaneous oral or written communications with respect to the subject matter hereof, all of which are merged herein. This Agreement shall not be modified, amended or in any way altered except by an instrument in writing signed by the parties hereto. In the event that any provision hereof is found invalid or unenforceable pursuant to judicial decree, the remainder of this Agreement shall remain valid and enforceable according to its terms. This Agreement shall be construed and enforced in accordance with the laws of New York. The prevailing party in any action or proceeding between the parties hereto which arises out of or relates to this Agreement shall be entitled, without limiting any of its other rights or remedies, to recover its reasonable attorneys' fees and costs incurred in connection with such action or proceeding. Certain jurisdictions provide for greater rights than what is provided in this agreement. Your rights with respect to this agreement may vary depending on your jurisdiction. For any questions, contact MTAA: MTAA 39 Ainlsie, 2L Brooklyn, NY 11211 Copyright 1999 MTAA . All Rights Reserved. MTAA (TM), is a trademark of M. River and T. Whid Art Associates. All other trademarks are the property of their respective owners.