Grants and Restrictions
This is a License and not an agreement for sale and shall continue in force unless terminated as provided below. Terms in this License that protect NEW ATLAS DOT COM, INC.'s or our Licensor's intellectual property rights shall continue in force after any termination. You, as the user and licensee, may use the NEW ATLAS DOT COM, INC.'S Products and related materials for personal use or for business use only. YOU MAY NOT SELL, LOAN, SHARE, RENT, TIME-SHARE, OR IN ANY WAY TRANSFER OR ALLOW ACCESS TO THE NEW ATLAS DOT COM, INC.'S PRODUCTS BY ANY OTHER PARTY. You recognize that the NEW ATLAS DOT COM, INC.'S Products are the sole property of NEW ATLAS DOT COM, INC.. You agree not to remove or alter any copyright or other intellectual property. MAP PAGES AND TEXT CONTENT ARE FOR THE EXPRESS USE OF THE LICENSEE AND MAY NOT BE SOLD, LOANED, SHARED, RENTED, TIME-SHARED, OR IN ANY WAY TRANSFERRED TO ANYONE. ANY RIGHTS NOT SPECIFICALLY GRANTED IN THIS LICENSE ARE RESERVED TO NEW ATLAS DOT COM, Inc.
Warranty
For ninety (90) days from the date of receipt, NEW ATLAS DOT COM, INC. warrants that the NEW ATLAS DOT COM, INC.'S Products will be free of defects in materials and workmanship. NEW ATLAS DOT COM, INC. will, at its option, either refund the amount you paid or provide you with corrected items at no charge, provided the defective item(s) is/are returned to NEW ATLAS DOT COM, INC. within ninety (90) days of the date of receipt. Except as specifically provided herein, NEW ATLAS DOT COM, INC. DISCLAIMS ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE NEW ATLAS DOT COM, INC.'S Products, USER DOCUMENTATION, OR RELATED TECHNICAL SUPPORT INCLUDING THEIR QUALITY, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE WARRANTY AND REMEDY SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR WRITTEN, EXPRESS OR IMPLIED. NO NEW ATLAS DOT COM, INC. DEALER, DISTRIBUTOR, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATION OR ADDITION TO THIS WARRANTY.
Termination
You may terminate this License by returning all copies of the NEW ATLAS DOT COM, INC.'S Products and all related materials to NEW ATLAS DOT COM, INC. with notification of termination. NEW ATLAS DOT COM, INC. may terminate this License upon written notice to you showing good cause that you violated a material provision of this License. Upon notice of termination by NEW ATLAS DOT COM, INC., you will return all Related Materials to NEW ATLAS DOT COM, INC. along with a signed attestation thereto.
Exclusive Remedy and Limitation of Liability
Your exclusive remedy for breach of any warranty or representation, or for damages caused by the NEW ATLAS DOT COM, INC.'S Products, shall be, except where specifically required by statutory law regarding personal injury, the return of the licensee fee paid for the NEW ATLAS DOT COM, INC.'S Products in exchange for the related materials as set forth above under "Termination". In no event will NEW ATLAS DOT COM, INC. be liable for any direct, indirect, special, incidental, or consequential damages related to your use of the NEW ATLAS DOT COM, INC.'S Products, even if NEW ATLAS DOT COM, INC. is made aware of the possibility of such damages. In the event of a claim of intellectual property infringement, NEW ATLAS DOT COM, INC. may, at its sole option and discretion, obtain the right for continued use or modify the NEW ATLAS DOT COM, INC.'S Products so it is no longer infringing. In no event shall NEW ATLAS DOT COM, INC.'s liability exceed the amount received by NEW ATLAS DOT COM, INC. for the NEW ATLAS DOT COM, INC.'S Products.
Export Regulations
This license does not allow export. Also, the NEW ATLAS DOT COM, INC.'S Products is subject to compliance with applicable United States laws, regulations, or orders relating to the export. You agree to comply with all laws, regulations, and orders of the United States in regard to export of such data. You agree not to disclose or reexport outside of the United States any Technical Data received under this Agreement.
Severability
In the event that a court of competent jurisdiction holds a portion of this License unenforceable, the remaining portions shall continue in full force and effect.
Governing Law
This License shall be construed under the laws of the State of Oklahoma, USA.
Entire Agreement
This constitutes the full and entire Agreement as to the matters set forth herein and supersedes any previous agreements, understandings, terms, and arrangements between the parties relating hereto unless otherwise specifically agreed to in writing.
Trademarks
NEW ATLAS DOT COM, INC. and MOSHER-ADAMS are registered trademarks of New Atlas dot Com, Inc. All other trademarks are the property of their respective holders.
Copyright
Copyright © 2000-2008 NEW ATLAS DOT COM, INC., Inc. All rights reserved.