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SEESMIC, INC. 

SEESMIC LOOK LICENSE AGREEMENT 

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING THE SEESMIC LOOK DESKTOP APPLICATION OR ANY ACCOMPANYING DOCUMENTATION (COLLECTIVELY, "SEESMIC LOOK"). 

THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT ("AGREEMENT") GOVERN USE OF SEESMIC LOOK AND THE SEESMIC LOOK CONTENT (AS DEFINED BELOW) UNLESS YOU AND SEESMIC, INC. ("SEESMIC") HAVE EXECUTED A SEPARATE AGREEMENT GOVERNING USE OF THE SOFTWARE. 

Seesmic is willing to license Seesmic Look to you only upon the condition that you accept all the terms contained in this Agreement.  By clicking on the "I accept" button below or by downloading, installing or using Seesmic Look, you have indicated that you understand this Agreement and accept all of its terms.  If you are accepting the terms of this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the terms of this Agreement, and, in such event, "you" and "your" will refer to that company or other legal entity.  If you do not accept all the terms of this Agreement, then Seesmic is unwilling to license Seesmic Look to you, and you must return Seesmic Look to Seesmic for a full refund, if you have paid for the license to Seesmic Look, or, if Seesmic has made Seesmic Look available to you without charge, you must destroy all copies of Seesmic Look.   
1. Grant of License.  Conditioned upon your compliance with the terms and conditions of this Agreement, Seesmic grants you a non-exclusive and non-transferable license for you to Execute (as defined herein) the executable form of Seesmic Look on a single computer, solely for your own personal use.  You may make copy Seesmic Look for backup purposes and in accordance with this Agreement, provided that you reproduce on it all copyright and other proprietary notices that are on the original copy of Seesmic Look.  Seesmic reserves all rights in Seesmic Look not expressly granted to you in this Agreement.  For purposes of this Agreement, "Execute" and "Execution" means to load, install, and run Seesmic Look in order to benefit from its functionality as designed by Seesmic.  

2. Restrictions.  Except as expressly specified in this Agreement, you agree not to do any of the following, notwithstanding the fair use doctrine or any statutory or common law provision that might otherwise permit any of the following (except to the extent applicable law makes any of the following prohibitions unenforceable or otherwise permits the recited acts notwithstanding the agreement not to perform them): (a) copy (except in the course of loading or installing) or modify Seesmic Look, including but not limited to adding new features or otherwise making adaptations that alter the functioning of Seesmic Look; (b) transfer, sublicense, lease, lend, rent or otherwise distribute Seesmic Look to any third party; or (c) make the functionality of Seesmic Look available to multiple users through any means, including but not limited to, by uploading Seesmic Look to a network or file-sharing service or through any hosting, application services provider, service bureau, software-as-a-service (SaaS) or any other type of services.  You acknowledge and agree that portions of Seesmic Look, including but not limited to the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of Seesmic and its licensors.  Accordingly, you agree not to disassemble, decompile or reverse engineer Seesmic Look, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition.  

3. Acknowledgement. Seesmic Look allows you to access certain third party social networking applications ("Third Party Applications") and certain content provided by third parties and resources ("Third Party Content") both of which are or may be governed by separate agreements. You acknowledge and agree that Seesmic is not responsible or liable for: (i) the availability, functionality, or accuracy of such Third Party Applications or Third Party Content; or (ii) the products, or services on or available from such Third Party Applications or through such Third Party Content.  Access to such Third Party Applications or Third Party Content does not imply any endorsement by Seesmic of such Third Party Applications or Third Party Content or products, or services available from or through such Third Party Applications or Third Party Content.  You acknowledge sole responsibility for and assume all risk arising from your use of any Third Party Applications or Third Party Content, as well as all responsibility and risk related to any terms and conditions or other agreements which govern such Third Party Applications and Third Party Content and your relationship with the providers of such Third Party Applications and Third Party Content. Furthermore, you agree and acknowledge that by using Seesmic Look, you are in compliance with the terms and conditions of those Third Party Applications and the Third Party Content which you access through Seesmic Look and that you remain liable for any such usage.  
4. Ownership.  The copy of Seesmic Look is licensed, not sold.  You own the media on which Seesmic Look is recorded, but Seesmic retains ownership of the copy of Seesmic Look itself, including all intellectual property rights therein.  Seesmic Look is protected by United States copyright law and international treaties.  You will not delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on Seesmic Look as delivered to you. 
Seesmic Look also provides you the ability to access certain text, graphics, images, music, audio, video, information or other materials provided by Seesmic ("Seesmic Look Content" and collectively with Third Party Content, the "Content") which is protected by copyright, trademark, and other laws of the United States and foreign countries.  Seesmic and its licensors exclusively own all right, title and interest in and to the Seesmic Look Content, including all associated intellectual property rights.  You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Seesmic Look Content.  

5. Content License.  Subject to your compliance with the terms and conditions of these Terms, Seesmic grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access, view, download and print any of the Seesmic Look Content solely for your personal use. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Seesmic Look Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Seesmic or its licensors, except for the licenses and rights expressly granted in this license.  
6. Links.  The Content may contain links to third-party websites or resources.  You acknowledge and agree that Seesmic is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources.  Links to such websites or resources do not imply any endorsement by Seesmic of such websites or resources or the content, products, or services available from such websites or resources.  You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. 

7. Term.  The license granted under this Agreement remains in effect for a period of 75 years, unless earlier terminated in accordance with this Agreement.  You may terminate the license at any time by destroying all copies of Seesmic Look and the Seesmic Look Content in your possession or control.  The license granted under this Agreement will automatically terminate, with or without notice from Seesmic, if you breach any term of this Agreement.  Upon termination, you must at Seesmic's option either promptly destroy or return to Seesmic all copies of Seesmic Look and the Seesmic Look Content in your possession or control. 

8. No Warranty.  SEESMIC LOOK AND THE CONTENT IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND.  SEESMIC DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SEESMIC, THE CONTENT OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT. 
9. Limitation of Liability.  SEESMIC'S TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNTS PAID TO SEESMIC BY YOU FOR SEESMIC LOOK OR, IN THE EVENT THAT SEESMIC HAS MADE SEESMIC LOOK AVAILABLE TO YOU WITHOUT CHARGE, SEESMIC'S TOTAL LIABILITY WILL BE LIMITED TO $20.  IN NO EVENT WILL SEESMIC BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, BUSINESS, PROFITS OR ABILITY TO EXECUTE) OR FOR the cost of procuring substitute products ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE EXECUTION OR PERFORMANCE OF SEESMIC LOOK OR THE CONTENT, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SEESMIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.  THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.  Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. 

10. U.S. Government End Users.  Seesmic Look and Documentation are "commercial items" as that term is defined in FAR 2.101, consisting of "commercial computer software" and "commercial computer software documentation," respectively, as such terms are used in FAR 12.212 and DFARS 227.7202.  If Seesmic Look and Documentation are being acquired by or on behalf of the U.S. Government, then, as provided in FAR 12.212 and DFARS 227.7202-1 through 227.7202-4, as applicable, the U.S. Government's rights in Seesmic Look and Documentation will be only those specified in this Agreement. 

11. Export Law.  You agree to comply fully with all U.S. export laws and regulations to ensure that neither Seesmic Look nor any technical data related thereto nor any direct product thereof are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. 

12. General.  This Agreement will be governed by and construed in accordance with the laws of the State of California, without regard to or application of conflict of laws rules or principles.  The United Nations Convention on Contracts for the International Sale of Goods will not apply.  You may not assign or transfer this Agreement or any rights granted hereunder, by operation of law or otherwise, without Seesmic's prior written consent, and any attempt by you to do so, without such consent, will be void.  Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise.  All notices or approvals required or permitted under this Agreement will be in writing and delivered by confirmed facsimile transmission, by overnight delivery service, or by certified mail, and in each instance will be deemed given upon receipt.  All notices or approvals will be sent to the addresses set forth in the applicable ordering document or invoice or to such other address as may be specified by either party to the other in accordance with this section.  The failure by either party to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision.  Any waiver, modification or amendment of any provision of this Agreement will be effective only if in writing and signed by authorized representatives of both parties.  If any provision of this Agreement is held to be unenforceable or invalid, that provision will be enforced to the maximum extent possible, and the other provisions will remain in full force and effect.  This Agreement is the complete and exclusive understanding and agreement between the parties regarding its subject matter, and supersedes all proposals, understandings or communications between the parties, oral or written, regarding its subject matter, unless you and Seesmic have executed a separate agreement.  Any terms or conditions contained in your purchase order or other ordering document that are inconsistent with or in addition to the terms and conditions of this Agreement are hereby rejected by Seesmic and will be deemed null. 

13. Contact Information.  If you have any questions regarding this Agreement, you may contact Seesmic at contact@seesmic.com or Seesmic Inc, 1550 Bryant St, Suite 890, San Francisco CA 94103 USA. 
IF YOU AGREE TO THE FOREGOING TERMS AND CONDITIONS AND DESIRE TO COMPLETE INSTALLATION OF SEESMIC LOOK, PLEASE CLICK THE "I ACCEPT" BUTTON BELOW.  OTHERWISE, PLEASE CLICK THE "I DO NOT ACCEPT" BUTTON AND THE INSTALLATION PROCESS WILL STOP.
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