]>
Commit | Line | Data |
---|---|---|
9db95227 JR |
1 | MagniComp - End User License Agreement |
2 | ||
3 | www.MagniComp.com | |
4 | ||
5 | RDist Version 6.1 | |
6 | ||
7 | Version of This Document: 19990724 | |
8 | ||
9 | GRANT. | |
10 | ||
11 | MagniComp grants you a non-exclusive license to use RDist version 6.1 and | |
12 | all subsequent versions called 6.1.X software (the "Software") free of | |
13 | charge. | |
14 | ||
15 | This license does not entitle you to hard-copy documentation, support or | |
16 | telephone assistance. MagniComp reserves the right at any time to alter | |
17 | prices, features, specifications, capabilities, functions, licensing terms, | |
18 | general availability of the Software. | |
19 | ||
20 | SCOPE OF GRANT. | |
21 | ||
22 | You may: | |
23 | ||
24 | * use the Software in any way you wish on any computer regardless of | |
25 | ownership of said computer; | |
26 | * redistribute the Software in any form, including source and binary, to | |
27 | any party with or without charging a fee; | |
28 | * copy the Software for any purpose. | |
29 | ||
30 | You may not: | |
31 | ||
32 | * remove or alter this notice; | |
33 | * remove or alter any proprietary notices or labels on the Software. | |
34 | ||
35 | REQUIREMENTS. | |
36 | ||
37 | * All advertising materials mentioning features or use of this software | |
38 | must display the following acknowledgement: | |
39 | ||
40 | This product includes software developed by MagniComp | |
41 | (www.MagniComp.com) and its contributors. | |
42 | ||
43 | * Redistributions in binary form must reproduce this copyright notice, | |
44 | this list of conditions and the following disclaimer in the | |
45 | documentation and/or other materials provided with the distribution. | |
46 | * Neither name of MagniComp nor the names of its contributors may be used | |
47 | to endorse or promote products derived from this software without | |
48 | specific prior written permission. | |
49 | ||
50 | TITLE. | |
51 | ||
52 | Title, ownership rights, and intellectual property rights in the Software | |
53 | shall remain in MagniComp and/or its suppliers. The Software is protected by | |
54 | copyright and other intellectual property laws and by international | |
55 | treaties. Title and related rights in the content accessed through the | |
56 | Software is the property of the applicable content owner and may be | |
57 | protected by applicable law. This license gives you no rights to such | |
58 | content. | |
59 | ||
60 | TERMINATION. | |
61 | ||
62 | The license will terminate automatically if you fail to comply with the | |
63 | limitations described herein. Upon termination of this license, you agree to | |
64 | destroy all copies of the Software. | |
65 | ||
66 | DISCLAIMER OF WARRANTY. | |
67 | ||
68 | The Software is provided on an "AS IS" basis, without warranty of any kind, | |
69 | including without limitation the warranties of merchantability, fitness for | |
70 | a particular purpose and non-infringement. The entire risk as to the quality | |
71 | and performance of the Software is borne by you. Should the Software prove | |
72 | defective, you and not MagniComp or its suppliers assume the entire cost of | |
73 | any service and repair. In addition, the security mechanisms implemented by | |
74 | MagniComp software have inherent limitations, and you must determine that | |
75 | the Software sufficiently meets your requirements. This disclaimer of | |
76 | warranty constitutes an essential part of the agreement. SOME JURISDICTIONS | |
77 | DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT | |
78 | APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION. | |
79 | ||
80 | LIMITATION OF LIABILITY. | |
81 | ||
82 | UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR | |
83 | OTHERWISE, SHALL MAGNICOMP OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR | |
84 | ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL | |
85 | DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF | |
86 | GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL | |
87 | OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL MAGNICOMP BE LIABLE FOR | |
88 | ANY DAMAGES, EVEN IF MAGNICOMP SHALL HAVE BEEN INFORMED OF THE POSSIBILITY | |
89 | OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF | |
90 | LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE | |
91 | EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME | |
92 | JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR | |
93 | CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO | |
94 | YOU. | |
95 | ||
96 | HIGH RISK ACTIVITIES. | |
97 | ||
98 | The Software is not fault-tolerant and is not designed, manufactured or | |
99 | intended for use or resale as on-line control equipment in hazardous | |
100 | environments requiring fail-safe performance, such as in the operation of | |
101 | nuclear facilities, aircraft navigation or communication systems, air | |
102 | traffic control, direct life support machines, or weapons systems, in which | |
103 | the failure of the Software could lead directly to death, personal injury, | |
104 | or severe physical or environmental damage ("High Risk Activities"). | |
105 | MagniComp and its suppliers specifically disclaim any express or implied | |
106 | warranty of fitness for High Risk Activities. | |
107 | ||
108 | MISCELLANEOUS. | |
109 | ||
110 | This Agreement represents the complete agreement concerning this license and | |
111 | may amended only by a writing executed by both parties. If any provision of | |
112 | this Agreement is held to be unenforceable, such provision shall be reformed | |
113 | only to the extent necessary to make it enforceable. This Agreement shall be | |
114 | governed by California law (except for conflict of law provisions). The | |
115 | application the United Nations Convention of Contracts for the International | |
116 | Sale of Goods is expressly excluded. | |
117 | ||
118 | END |