License for use and redistribution
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

BY CLICKING THE ACCEPTANCE BUTTON OR INSTALLING OR USING
THE CLIENT SOFTWARE (THE "PRODUCT"), THE INDIVIDUAL
OR ENTITY LICENSING THE PRODUCT ("LICENSEE") IS
CONSENTING TO BE BOUND BY AND IS BECOMING A PARTY TO
THIS LICENSE AGREEMENT ("AGREEMENT"). IF LICENSEE DOES
NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THE
BUTTON INDICATING NON-ACCEPTANCE MUST BE SELECTED, AND
LICENSEE MUST NOT INSTALL OR USE THE PRODUCT. THIS
AGREEMENT IS A LEGAL LICENSE AGREEMENT BETWEEN LICENSEE
AND NONTUBE.COM ("NONTUBE").


1. FEES.  THERE IS NO LICENSE FEE FOR THE PRODUCT.


2. REDISTRIBUTION.  THE LICENSEE MAY REDISTRIBUTE THE
PRODUCT WITHOUT WRITTEN PERMISSION, AS LONG AS THE
LICENSEE DOES NOT DECOMPILE, ALTER, EXCLUDE FILE(S) OR
MODIFY THE PRODUCT IN ANY WAY.


3. DISCLAIMER OF WARRANTY.  THE PRODUCT IS PROVIDED
FREE OF CHARGE AND ON AN "AS IS" BASIS, WITHOUT WARRANTY
OF ANY KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES
THAT IT IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A
PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS
TO THE QUALITY AND PERFORMANCE OF THE PRODUCT IS BORNE
BY LICENSEE. SHOULD THE PRODUCT PROVE DEFECTIVE IN ANY
RESPECT, LICENSEE AND NOT NONTUBE OR ITS SUPPLIERS OR
RESELLERS ASSUMES THE ENTIRE COST OF ANY SERVICE AND
REPAIR. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN
ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE PRODUCT
IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.


4. LIMITATION OF LIABILITY.  TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NONTUBE OR
ITS SUPPLIERS OR RESELLERS BE LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT
OF THE USE OF OR INABILITY TO USE THE PRODUCT,
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR
LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND
REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT,
TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY
CASE, NONTUBE'S ENTIRE LIABILITY UNDER ANY PROVISION OF
THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM
OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND
FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY NONTUBE UNDER
A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE
EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE
NEGLIGENCE OF NONTUBE TO THE EXTENT APPLICABLE LAW
PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. NONTUBE
IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF
CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS
ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED
THROUGH SUCH CONTENT.


5. PROPRIETARY RIGHTS.  TITLE, OWNERSHIP RIGHTS, AND
INTELLECTUAL PROPERTY RIGHTS IN THE PRODUCT SHALL REMAIN
IN NONTUBE AND/OR ITS SUPPLIERS. LICENSEE ACKNOWLEDGES
SUCH OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS AND WILL
NOT TAKE ANY ACTION TO JEOPARDIZE, LIMIT OR INTERFERE IN
ANY MANNER WITH NONTUBE'S OR ITS SUPPLIERS' OWNERSHIP OF
OR RIGHTS WITH RESPECT TO THE PRODUCT. THE PRODUCT IS
PROTECTED BY COPYRIGHT AND OTHER INTELLECTUAL PROPERTY
LAWS AND BY INTERNATIONAL TREATIES. LICENSEE AGREES, AT
ITS EXPENSE, TO DEFEND AND HOLD NONTUBE AND ITS AFFILIATES
HARMLESS FROM ANY AND ALL COSTS, DAMAGES AND REASONABLE
ATTORNEYS' FEES RESULTING FROM ANY CLAIM THAT LICENSEE'S
USE OF THE PRODUCT HAS INJURED OR OTHERWISE VIOLATED ANY
RIGHT OF ANY THIRD PARTY OR VIOLATES ANY LAW.


6. TERMINATION.  WITHOUT PREJUDICE TO ANY OTHER RIGHTS,
NONTUBE MAY TERMINATE THIS AGREEMENT IF LICENSEE BREACHES
ANY OF ITS TERMS AND CONDITIONS. UPON TERMINATION,
LICENSEE SHALL DESTROY ALL COPIES OF THE PRODUCT.



Web:     http://www.nontube.com/
E-mail:  nontube@nontube.com


