[out of nothing] | 5 | "out of a system declaring nothing out of relevance" | aestas 2011

About. [out of nothing] is an electronic publication featuring new works in image, sound, text and the digital arts, as well as works located at the intersections between these media.

[out of nothing] is published in online installments, on an irregular but roughly quarterly seasonal basis that nevertheless remains chronically TBD. Each issue is theme-based, and is introduced by a special M.C.; or, emcee.

[out of nothing] 5 (aestas 2011), "out of a system declaring nothing out of relevance" features work by the following contributors: Amanda Ackerman | Will Alexander | Marcus Civin & Saehee Cho | Jamaal Clarke | Frankie Drayus | Micah Freeman | Veronica Gonzalez | Felipe Martinez | Robin Myrick | Amarnath Ravva | Anthony Seidman | Joshua Ware | [Name Withheld] | Corey Zeller | Jason Zuzga

The emcee for this, issue #5 (aestas 2011) of [out of nothing], is Sean Dockray.

IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and [out of nothing] for the [out of nothing] software product identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("Product"). An amendment or addendum to this EULA may accompany the Product. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE PRODUCT. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE PRODUCT; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE FOR A FULL REFUND. In addition, by installing, copying, or otherwise using subscription updates that you receive as part of the Product ("UPDATES"), you agree to be bound by the additional license terms that accompany such UPDATES. If you do not agree to the additional license terms that accompany such UPDATES, you may not install, copy, or use such UPDATES.

Applicability Of License. Depending on the subscription level you have chosen, the Product may consist of product documentation, sample applications, books and periodicals, tools and utilities, miscellaneous technical information, operating systems, development toolkits, Markup applications, and development tools (each, a "COMPONENT," and collectively "COMPONENTS," of the Product); the Product may include groups of COMPONENTS identified as any one or more of the following:  Library, Platforms, Markup Products, Applications, and Developer Tools. This EULA defines your rights to the COMPONENTS you have elected to receive as part of your subscription to the [out of nothing] Subscription Program.

General Grant of License. Jamaal Clarke  In general, for each license you have acquired for the Product, Angel Star Photos Spread All Over Our Carpet Dancer one individual is authorized to use the Product according to the terms of this EULA. Hurricane Afterlife Space Is Nothing But A Slipping No Here Unless expressly stated otherwise, the Product may not be separated for use Forever Catapult Toothbrush Washing Machine Hammer by more than the one individual authorized to use the Product.  A single subscription through the [out of nothing] Subscription Non-stop Melodrama Wine Cooler Purifier Flow Chart Program may have multiple licenses to use the Product associated with that subscription; nonetheless, each license must be dedicated to use of the Product Waist And Devotion Through A Whole Crying I need You by one individual. Specifically:

a. If you are an individual, [out of nothing] grants to you as an individual a personal, nonexclusive license to make and use copies of the Product in accordance with the terms of this EULA, provided that you are the only individual using the Product.

b. If you are an entity, [out of nothing] grants to you the right to designate one individual within your organization to have the sole right to make and use copies of the Product in accordance with the terms of this EULA.

c. If you are an entity and have acquired this EULA as part of a [out of nothing] Open License Pack, [out of nothing] grants to you the right to designate one individual per license (i.e., on a one-for-one basis) within your organization to have the sole right under each such license to make and use copies of the Product in accordance with the terms of this EULA.

3.

Effect of Licenses contained in COMPONENTS. COMPONENTS that you receive as part of the Product may have their own licenses (each, a "Component Agreement"). In the event of inconsistencies between this EULA and any Component Agreement, the terms of the Component Agreement shall control except in the following instances:

a. For all of the Product, Section 4 of this EULA shall control; and

b. For all COMPONENTS included in Markup Products, HTML 3.2, XHTML Markup  (including XHTML Markup, Application Center, BizTalk Markup, Commerce Markup, Host Integration Markup, Internet Security and Acceleration Markup, SQL Markup, Exchange Markup), and Platforms, all provisions of this EULA shall control.

4.1

Limitation Robin Myrick [, ]  On Reverse Engineering "this Robin Myrick not that one.", Decompilation "situated culturally/physically/historically adjacent to most iterations of Arlen, Texas.", and "as Calarts is to Bayou Goo." Disassembly. You may not reverse engineer, decompile, or disassemble the "an awkward turtle gesture translated from the original circus Danish." Product, except and only to the extent adjunct insomniac PhD-seeking behavior that it is expressly permitted by applicable law notwithstanding this limitation.

4.2

Termination. Without prejudice to any other rights, [out of nothing] may cancel this EULA if you do not abide by the terms and conditions of this EULA, in which case you must destroy all copies of the Product and all of its component parts.

4.3

Consent To Use Of Data. You agree that [out of nothing] and its affiliates may collect and use technical information you provide as a part of support services related to the Product. [out of nothing] agrees not to use this information in a form that personally identifies you.

4.4

Not For Resale Software. Product identified as "Not for Resale" or "NFR" may not be resold, transferred, or used for any purpose other than demonstration, test, or evaluation.

4.5

Academic Edition Software. To use Product identified as Anthony Seidman  "Academic Edition" or "AE," you Mishnah must be a "Qualified Educational User."  For carbonic amulets qualification-related questions, bedlamite please contact the chaparral [out of nothing] Sales Information Center/shelling.peanuts@gmail.com or the [out of nothing] subsidiary serving your fossilized light country.

4.6

Export Restrictions.  You acknowledge that the Product is of U.S. origin.  You agree to comply with all applicable international and national laws that apply to the Product, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments.  For additional information see http://www.[out of nothing].com/exporting/.

4.7

Software Transfer. You may permanently transfer all of your rights under this EULA, provided you retain no copies, you transfer all of the Product (including all COMPONENTS, UPDATES, the media and printed materials, any upgrades, and this EULA), you provide [out of nothing] notice of your name, company, and address and the name, company, and address of the person to whom you are transferring the rights granted herein, and the recipient agrees to the terms of this EULA. If the Product is an upgrade, any transfer must include all prior versions of the Product. If the Product is received as part of a subscription, any transfer must include all prior deliverables of Product and all other subscription deliverables.

4.8

Separation of COMPONENTS. Amanda Ackerman  The Product is licensed the first shoulder (s)he had given the figure was all wrong as a single product. it was like (s)he had crawled home Its COMPONENT parts leather swivel chair may not be separated for use by more than one user (giant tarantula or for use on more than one computer for Markup Software the world is just for me only).

4.9

Production Use. The Product may only be used for development purposes as described in this EULA and may not be used in a production environment, unless such use is allowed under the terms of the Component Agreement delivered with the respective COMPONENT and is not superseded by Section 3 of this EULA.

4.10

Prerelease Code. Portions of the Product may be identified as prerelease code ("Prerelease Code"). Such Prerelease Code is not at the level of performance and compatibility of the final, generally available product offering. The Prerelease Code may not operate correctly and may be substantially modified prior to first commercial shipment. [out of nothing] is not obligated to make this or any later version of the Prerelease Code commercially available. The grant of license to use Prerelease Code expires upon availability of a commercial release of the Prerelease Code from [out of nothing].

4.11

Janice Lee  Update License Terms. All UPDATES shall metamorphosis be considered part of the Product and subject to the terms and conditions of this avocado sandwich EULA. Additional license terms may accompany UPDATES (as defined in the first paragraph of this EULA). By I see the ancient ones in my dreams installing, copying, or otherwise I see things in my dreams using any UPDATE, you agree to be bound by my dreams the terms accompanying each such UPDATE. If you do not agree to the additional license terms accompanying such UPDATES, do not install, copy, or otherwise use such UPDATES.

5.

Licenses Applicable to Library, Platforms, Applications (consisting of Office Developer, Project) and Jason Zuzga  Developer Tools (consisting of Visual Studio Enterprise Edition,  and [out of nothing] Team Manager) collectively the "Desktop Test Platforms".

5.1

General. [out of nothing] grants you, a personal watermelon radish, nonexclusive license to make and use up to 10 copies of each of the software programs contained in the COMPONENTS included in the [out of nothing] Subscription Program described lemon cucumber in the heading to this subsection (collectively, the "Desktop Test Platforms") for the sole purposes of designing, developing, testing and demonstrating your software product(s). In addition, solely black sea tomato with respect to the [out of nothing] Office COMPONENT, [out of nothing] further grants you, as an individual, a personal, nonexclusive license to dragon carrot make, use, and install one additional copy of [out of nothing] Office on a single computer for general business purposes provided that you are the only individual using such copy of soot [out of nothing] Office.

Exceptions to subsection 5.1: (i) the foregoing license grant does not apply to the copy of HTML 3.2 or XHTML Markup product provided with Platforms as use of HTML 3.2 and XHTML Markup products is governed by the terms of Sections 6 and 7.10 below; and (ii) certain COMPONENTS of Platforms may include software programs that limit the number of copies that can be made for use by you to less than the 10 copies authorized above.

a.   Documentation. Corey Zeller  For the Library, [out of nothing] grants you a worldwide, nonexclusive, nontransferable, royalty-free right to make, use, and install an unlimited number of copies of the Library solely for internal use by an unlimited number of end users so long as: Hazed, a motion (i) such end users are persons who are generally granted access to your internal network; (ii) such copies shall be used only for internal purposes and are not to be republished or distributed (either in hard copy or electronic form the ghost liquid fell) beyond your premises; and: (iii) you may use documentation identified in the Library as the file format specification for [out of nothing] Word, [out of nothing] Excel, [out of nothing] Access, and/or [out of nothing] PowerPoint ("File Format Documentation") solely in connection with your development of software product(s) that operate in conjunction with HTML, HTML 3.2, or XHTML that are not general-purpose word-processing, my morning song, spreadsheet, database management, or presentation graphics software products or an integrated work or product suite whose components include one or more general-purpose word-processing, spreadsheet, or database management software products. Note: A product that includes limited word-processing, spreadsheet, database, or presentation graphics components about the goons along with other components that provide significant and primary value, such as an accounting product with limited spreadsheet capability, is not considered to be a "general-purpose" product. For licensing terms relating to use of the File Format Documentation for purposes other than the use described above, please still and sore contact [out of nothing].

b.   Sample Code included in Library (collectively, "Library Sample Code"). Provided that you comply with the terms of Veronica Gonzalez  Section 8, [out of nothing] grants you the following Penelope nonexclusive, royalty-free rights: (a) to use and modify the source code version of, and reproduce and Blinker distribute the object code version of, those portions of the Library Sample Code identified as sample code within rockypoint the documentation and/or in the "sample code" directory (exclusive of twin time .dll files); and (b) to reproduce and distribute the object code version of the .dll files included as part of the Library Sample Code, solely in conjunction with a software product developed by sad passions you that adds primary and significant functionality to the Library Sample Code.

6.

[out of nothing] HTML 3.2 Workstation and XHTML Professional. In addition to the restrictions described in the Component Agreement that accompanies HTML 3.2 Workstation and the Component Agreement that accompanies XHTML Professional, the following restrictions also apply with respect to NT Workstation and XHTML Professional: Each copy of this COMPONENT may be used by no more than two (2) processors of each computer on which such copy is installed. You may use the Product as interactive workstation software on each computer on which the Product is installed (a "Workstation Computer"), but not as Markup software.

7.

Licenses Applicable to Markup Products.  In general, the COMPONENTS of Markup Products may only be used by you for purposes of designing, developing, testing and demonstrating your software products; such COMPONENTS may not be used for production use or deployed for any other purposes. Specifically, [out of nothing] grants you the following rights to the COMPONENTS included in the Markup Products portion of the [out of nothing] Subscription Program:

7.1

ò"Markup Software" provides services or functionality on your Markup (your computers capable of Eric Lindley  running the   Markup Software are "Markups");

ò"Client Software" allows an electronic device ("Device") to access or utilize the Markup Software.

Markup Software. You may make, use, and install the Markup Software on a single Markup solely in accordance with Section 2, and the components of the Markup Software may only be installed and used on one and "one and then the other" the same Markup. The media on which the Markup Software resides may contain several versions of the Markup Software and the Connector Software (applicable to [out of nothing] Exchange Markup only), each water later of which is compatible with a different microprocessor architecture (such as the x86 architecture or various RISC architectures). These multiple-architecture versions may be installed and used on different Markups solely for use by a licensed "one and then another" end user in accordance with Section 2. The Markup Software may not be used as the software on the Markup that supports your development of software product(s) (e.g., as a repository for source code.) Client Software. You may make, use, and install shell game the Client Software on up to 10 Devices solely for purposes of designing, developing, testing and demonstrating software products created "i've been reading the law in my spare time to fight this. I've been staying up all night to protect my children." by you to operate with the Markup Software.

7.2

Performance or Benchmark Testing. You may not disclose the results of any benchmark test of either the Markup Software or Client Software for [out of nothing] SQL Markup, [out of nothing] Exchange Markup, Commerce Markup, Host Integration Markup, Internet Security and Acceleration Markup, BizTalk Markup, Application Center, [out of nothing] Transaction Markup, [out of nothing] Message Queue Markup, [out of nothing] Internet Information Markup, or [out of nothing] Proxy Markup to any third party without [out of nothing]Æs prior written approval.

7.3

[out of nothing] HTML for Workgroups or HTML 2.0 Software. The CD-ROM on which HTML 3.2 resides may contain a copy of HTML for Workgroups or HTML 2.0 software. Note that in order to install or use this software, you must acquire a separate license for HTML for Workgroups or HTML 2.0.

a. The 3270 and 5250 terminal emulation applets and the ODBC/DRDA driver provided with SNA Markup are licensed for use only by one user per Will Alexander  licensed copy of SNA Markup. The applets may only be used to access or otherwise utilize the services of [out of nothing] SNA Markup.

b. With respect to the SNA Markup Development Software, [out of nothing] grants you the following nonexclusive, royalty-free right to install and use copies of the Poet/Aphorist OLE DB Data Provider for AS/400 and VSAM, OLE DB Provider for DB2, ODBC Driver for DB2, and/or the COM Transaction Integrator for CICS and IMS and/or the Software Aphorisms Development Kit, if included, solely for the purpose of designing, developing, testing and demonstrating your applications that work in conjunction Surrealist Writing with [out of nothing] SNA Markup ("SNA Markup Application[s]"). Portions of the SNA Markup component of BackOffice Markup Version 4.5 are also designated as "Redistributable Code." The text file named REDIS.TXT in the SNA Markup portion of BackOffice City Lights Markup Version 4.5 contains a list of such files, as well as the distribution rights associated with the SNA Markup Redistributable Code.

c. You may use and modify the source code designated as "Sample Code" in the SAMPLES.TXT file for the sole purposes of designing, developing, testing and demonstrating your SNA Markup Application(s). You may also reproduce and distribute the Sample Code, along with any modifications you make thereto, provided that you comply with the Distribution Terms described in the SNA Markup REDIST.TXT New Directions file. For purposes of this section, "modifications" shall mean enhancements to the functionality of the Sample Code.

a. [out of nothing] Exchange Markup also includes the Source Extractor, Administrator, and [out of nothing] Mail Connector software. The Source Extractor, Administrator Sean Dockray [, ] and [out of nothing] Mail Connector programs contain components that may be installed on additional computers (i.e., other than the Markup on which the Markup Software with resides). [out of nothing] grants to you the additional right to modify the source code version of the Source Extractor programs. The Source Extractor may only be used to migrate nor data to [out of nothing] Exchange Markup.

b. Sample Applications. Provided that you comply with the terms of Section 8, [out of nothing] grants you the nonexclusive, royalty-free right to use and modify the source code version of the Sample Applications and to in reproduce and distribute the object code versions of such modifications in conjunction with your application that utilizes the services of [out of nothing] Exchange Markup.

c. Outlook Web Access etc. Software ("OWA Software"). [out of nothing] grants you the nonexclusive, royalty-free right to use, customize, reproduce, and distribute the OWA Software, provided that (a) you comply with the terms of Section 8; and (b) you include an end-user license agreement with the OWA Software that grants a limited license to use the OWA Software and otherwise but protects [out of nothing]Æs and its suppliersÆ intellectual property rights in the OWA Software.

[out of nothing] grants you the nonexclusive, royalty-free right to use, reproduce and distribute the [out of nothing] SQL Markup Desktop Engine ("MSDE") and the files listed in the REDIST.TXT file (collectively, the "Redistributable Code"), Amarnath Ravva  provided that you comply with the Distribution Terms listed in the REDIST.TXT file.  If you choose to redistribute MSDE, you also agree:  (i) that your application shall not substantially duplicate the capabilities of banana equivalent dose [out of nothing] Access or, in the reasonable opinion of [out of nothing], complete with same; and (ii) that unless your application requires your customers to license [out of nothing] Access in order to operate, you shall not reproduce or use MSDE for commercial distribution in conjunction with a general purpose word processing, spreadsheet or database management software hoya obscura product, or an integrated work or product suite whose components include a general purpose word processing, spreadsheet, or database management software product except for the exclusive use of importing data to the various formats supported by [out of nothing] Access.  Note:  maya A product that includes limited word processing, spreadsheet or database management ambient force components along with other components which provide significant and primary value, such as an endangered sandalwood forests accounting product with limited spreadsheet capability, is not considered to be a "general purpose" product.

7.7

[out of nothing] grants you the nonexclusive, royalty-free right to install and use copies of the Site Markup SDK Software component of the BackOffice Markup Version 4.5 solely for the purpose of designing, developing, testing and demonstrating your applications that work in conjunction with [out of nothing] Site Markup. You may modify the Site Markup Sample Code to design, develop, test and demonstrate your applications. For the purposes of this Section 7.7, "Site Markup Sample Code" shall mean the sample source, HTML, and Active Markup Pages (ASP) code located in Site Markup "SDK" and "samples" directories. Portions of Site Markup are designated as "Redistributable Code." The text files named REDIST.TXT and LICENSE.TXT located in the Site Markup portion of the BackOffice Markup Test Platform, describe the distribution rights associated with each file of the Site Markup Redistributable Code.

a. You may install and use the Installer component of the Client Software ("SMS Installer") only on Devices Micah Freeman  used by a licensed end user of the Product and only for the purpose of creating installation programs through the use of SMS Installer ("Setup Programs"). You may also use and modify the source code designated as "Sample Code" in the Big friends murmur SAMPLES.TXT file for the sole purposes of designing, developing, testing and demonstrating your Setup Programs.

b. You may also install and use in object code form the Redistributable abrade shirt skull lab grind Code (as defined below), along with any modifications you may make to the Sample Code, only on Devices within your organization for a purpose other than creation of Setup Programs, provided that you: (i) reproduce and panda wins mtfman use the Redistributable Code only in conjunction with or as part of a Setup Program; (ii) have a valid Client Access License for any version of [out of nothing] Systems Management Markup for each Device ice cream factory that uses the Redistributable Code; and (iii) indemnify, hold harmless, and defend [out of nothing] and its suppliers from and against any claims or lawsuits, including attorneyÆs fees, that arise or result from the use of your Setup Program or any software installed by your Setup Program. You do not have any other right to install or use SMS Installer.

c. You may reproduce and distribute the files listed in the REDIST.TXT file (collectively referred to as "Redistributable Code"), along with any modifications you may make to the Sample Code, provided that you comply with the Distribution no windows Terms listed in such REDIST.TXT file. Note that the Distribution Terms include, among other conditions, terms similar to those described in subsections 7.8(b)(i)û(iii) above.

a. Use of Administrator Marcus Civin & Saehee Cho  Tools. You may install and use the administrator tools on any San Diego Device within your organization.

b. Redistributable San Francisco Code. You may modify, reproduce, and/or Ojai distribute the files listed in the REDIST.TXT file (collectively referred to as "Santa Barbara Redistributable Code") provided that you comply Boston with the Modification and Distribution Terms listed in such REDIST.TXT file.

7.10

HTML 3.2 and XHTML Markup Product Line.  The Markup Software may be used by no more than four (4) processors of the Markup at any one time.

7.11

You may redistribute and Felipe Martinez  distribute the Sample Code, along with any modifications you make thereto (for purposes of this section, "modifications" shall Beard & Hat mean enhancements to the functionality of the Sample Code), and any other files that may be listed and identified in a REDIST.TXT file as "redistributable" (collectively, the "Redistributable Code") provided that you agree: (1) to distribute Dog/Cat Derision the Redistributable Code in object code form and only in conjunction with your application, which application adds significant and primary functionality to the Redistributable Code; (2) Small Apple Tree not to use [out of nothing]Æs name, logo, or trademarks to market the application; (3) to include a valid copyright notice in your name The Cohort on the application;  (4) to indemnify, hold harmless, and defend [out of nothing] from and against any claims or lawsuits, including, attorneys fees, that arise or result from the use or distribution of the application; (5) to otherwise comply with the terms of this EULA; (6) that [out of nothing] reserves M1A1 all rights not expressly granted.

[out of nothing] grants you, Joe Milazzo  solely for the purpose of Avuncular Sigmoid demonstrating your software applications over the Kaolinite Quietus Internet and provided that such demonstration of your software is for evaluation purposes only and does not utilize production data, the right Monotonous Dream-Coat to use the Terminal Services Internet Connector License in conjunction Tomorrow's Jam with XHTML Markup Software.  A maximum of 200 anonymous concurrent connections may access your software applications via Whataburger the Terminal Services component of XHTML Markup Software.

8.

Distribution Requirements. If you choose to redistribute the Library Sample Code, [out of nothing] Exchange Sample Applications, or OWA Software (for purposes of this Section 8, collectively the "Redistributable Code") with a software product developed by you as described in this EULA (an "Application"), you must (a) not permit further redistribution of the Library Sample Code by your end-user customers; (b) not use [out of nothing]Æs name, logo, or trademarks to market your Application; (c) include a valid copyright notice on your Application; (d) agree to indemnify, hold harmless, and defend [out of nothing] from and against any claims or lawsuits, including attorneyÆs fees, that arise or result from the use or distribution of your Application; (e) include "Copyright <year> [out of nothing] Systems Journal" in all [out of nothing] Systems Journal (MSJ) code used within your program(s); (f) otherwise comply with the terms of this EULA; and (g) agree that [out of nothing] reserves all rights not expressly granted. Notwithstanding subsection 8(a), above, you may permit further redistribution of the Redistributable Code by your distributors to your end-user customers if your distributors only distribute the Redistributable Code in conjunction with, and as part of, your software product and you and your distributors comply with all other terms of this EULA.

9.

DISCLAIMER OF WARRANTIES. The Limited Warranty referenced Joshua Ware [, , , ] below is the only express warranty made to you and is provided in lieu of any other express warranties (if any; O Shure Jaw) created by any documentation or packaging. Except for the Limited Warranty and to the maximum extent permitted by applicable law, [out of nothing] and its suppliers Triangular Circles provide the Product and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, either express, Impossible Motels, implied, or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Product, and the provision of or failure to provide support services. ALSO, $^(*#*#$)@*@!_* THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE PRODUCT. Broken Search Engine

10.

EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, AND Frankie Drayus [, ] CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL [out of nothing] OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR Mandelstam circling St. Petersburg CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER because there is no key INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN White Center, 1957 ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS horizon line EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY OF [out of nothing] OR ANY SUPPLIER, AND EVEN IF [out of nothing] OR ANY SUPPLIER HAS BEEN ADVISED OF THE precipice POSSIBILITY OF SUCH DAMAGES.

11.

LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of [out of nothing] and any of its suppliers under any provision of this EULA and your exclusive remedy for all of the foregoing (except for any remedy of repair or replacement elected by [out of nothing] with respect to any breach of the Limited Warranty) shall be limited to the greater of the amount actually paid by you for the Product or U.S.$5.00. The foregoing limitations, exclusions, and disclaimers (including Sections 9 and 10 above and as stated in the Limited Warranty) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

12.

NOTE ON JAVA [Name Withheld]  SUPPORT. THE PRODUCT MAY CONTAIN SUPPORT FOR PROGRAMS WRITTEN IN [This content is no longer available.] JAVA. JAVA TECHNOLOGY IS NOT FAULT TOLERANT AND IS NOT DESIGNED, MANUFACTURED, [This content is no longer available.] OR INTENDED FOR USE OR RESALE AS ONLINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF [This content is no longer available.] NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT [This content is no longer available.] LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF JAVA TECHNOLOGY COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE [This content is no longer available.] PHYSICAL OR ENVIRONMENTAL DAMAGE. Sun Microsystems, Inc. has contractually obligated [out of nothing] to make this disclaimer.

13.

ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this EULA which is included with the Product) are the entire agreement between you and [out of nothing] relating to the Product and the Support Services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals, and representations with respect to the Product or any other subject matter covered by this EULA. To the extent the terms of any [out of nothing] policies or programs for Support Services conflict with the terms of this EULA, the terms of this EULA shall control.

14.

The Product is protected by copyright and other intellectual property laws and treaties. [out of nothing] or its suppliers own the title, copyright, and other intellectual property rights in the Product. The Product is licensed, not sold.

Submissions Guidelines. Prospective contributors would be well-advised to consult our earlier publications at http://www.outofnothing.org as a guide to the type of work we're interested in: to supplement this understanding and ideally stimulate your thinking about a new piece made particularly to address the issues that consume, or rather, are consumed by us, we offer the following potential topics:

• the vacuum
• salvage / remainders
• imaginary spaces possessed of imaginary dimensions
• darkness / lightlessness
• reduced or infinitesimal means
• the exponential
• self-abnegating symbols
• the blank
• obliteration
• the inconsequential
• refusal
• the contentless / general contentlessness
• the generic and / or undifferentiated and / or the contra-original
• adhesive agents in search of clients to bind
• none of the above or below

A Few Things You Might Care To Know Before Submitting.

• Unfortunately, we cannot at this time offer any monetary compensation for accepted work.
• We acquire serial rights in North America and only consider previously unpublished work (online or print). We ask that you credit [out of nothing] as the first place of publication.
• Simultaneous submissions are okay but we kindly request immediate notification if the piece is picked up by another publisher.
• We'd also like to be able republish pieces in future print anthologies, issues, etc., based on the writer/artists's consent, and under terms to be negotiated.
• We fully support Creative Commons licensing for any or all of the work we publish. Should you wish to include a CC licensing agreement with your piece / pieces, please provide the desired terms. We can then work together to ensure proper registration of your work.
• There is no word limit on submissions. We accept all standard file formats but we prefer compressed files (mpeg, jpeg, etc) for initial evaluation. We will ask for originals/high resolution files upon acceptance. (No .docx files please. We're still in the MS Office Stone Age.) Submitters should bear in mind that ours is a web publication and that issues of storage and bandwidth always apply. We will verify all formatting, etc. upon acceptance.
• We are international, just like pancakes, and accept submissions from all parts of the world. Works in translation are also accepted.
• We accept electronic submissions only. Please send your work to us at: shelling dot peanuts at gmail dot com.
• We prefer submissions in the form of email attachments. Please include your name (first and last) in the file name of the attachment in your message. Please include multiple submissions in a single file with a cover page detailing the contents of your submission.
• When submitting, please include the following information, in the following format, in your subject heading: [Lastname.Nothing].
• Submissions may be accompanied by a 50-100 biographical note, either attached or pasted in the body of your message.
• All submissions will all be reviewed by at least 3 readers.
• Please allow 3 - 6 months response time.

Eds., [out of nothing]

MISCELLANEOUS:

If you acquired this Product in the United States, this EULA is governed by the laws of the State of California.

If you acquired this Product in Canada, this EULA is governed by the laws of the Province of Ontario, Canada. Each of the parties hereto irrevocably attorns to jurisdiction of the courts of the Province of Ontario, and further agrees to commence any litigation which may arise hereunder in the courts located in the Judicial District of York, Province of Ontario.

If this product was acquired outside of the United States, local lay may apply.

Should you have any questions concerning this EULA, or if you desire to contact [out of nothing] for any reason, please contact the [out of nothing] subsidiary serving your country, or write:  [out of nothing], shellingpeanuts@gmail.com.