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LICENSE.TXT
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1996-07-25
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END USER LICENSE AGREEMENT
REDISTRIBUTION NOT PERMITTED
This Agreement has 3 parts. Part I applies if you have not purchased a
license for Lightning Strike (the "Software"). Part II applies
if you have purchased a license to the Software. Part III applies to all
license grants. If you initially acquired a copy of the Software without
purchasing a license and you wish to purchase a license, contact
Infinop ("Licensor").
PART I
TERMS APPLICABLE WHEN LICENSE FEES NOT (YET) PAID (LIMITED TO
EVALUATION, EDUCATIONAL AND NON-PROFIT USE) GRANT.
Licensor grants you a non-exclusive license to use the Software
free of charge if
(a) you are a student, faculty member or staff member of an educational
institution (K-12, junior college, college or library) or an employee
of an organization which meets the criteria of Infinop Inc. for a
charitable non-profit organization; or
(b) your use of the Software is for the purpose of evaluating whether to
purchase an ongoing license to the Software. The evaluation period for
use by or on behalf of a commercial entity is limited to 90 days;
evaluation use by others is not subject to this 90 day limit. Government
agencies (other than public libraries) are not considered educational or
charitable non-profit organizations for purposes of this Agreement.
If you are using the Software free of charge, you are not entitled to
hard-copy documentation, support or telephone assistance. If you fit
within the description above, you may use the Software in the manner
described in Part III below under "Scope of Grant."
DISCLAIMER OF WARRANTY.
Free of charge Software is provided on an "AS IS" basis, without warranty
of any kind, including without limitation the warranties of merchantability,
fitness for a particular purpose and non-infringement. The entire risk as to
the quality and performance of the Software is borne by you. Should the
Software prove defective, you and not Licensor assume the entire cost of any
service and repair. In addition, the security mechanisms, if any, implemented
by Licensor software have inherent limitations, and you must determine that
the Software sufficiently meets your requirements. This disclaimer of warranty
constitutes an essential part of the agreement.
SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED
WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU
MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.
PART II
TERMS APPLICABLE WHEN LICENSE FEES PAID GRANT.
Subject to payment of applicable license fees, Licensor grants to you a
non-exclusive license to use the Software and accompanying documentation
("Documentation") in the manner described in Part III below under
"Scope of Grant."
LIMITED WARRANTY.
Licensor warrants that for a period of ninety (90) days from the date of
acquisition, the Software, if operated as directed, will substantially
achieve the functionality described in the Documentation. Licensor does
not warrant, however, that your use of the Software will be uninterrupted
or that the operation of the Software will be error-free or secure. In
addition, the security mechanisms, if any, implemented by Licensor software
have inherent limitations, and you must determine that the Software
sufficiently meets your requirements. Licensor also warrants that the
media containing the Software, if provided by Licensor, is free from
defects in material and workmanship and will so remain for ninety (90) days
from the date you acquired the Software. Licensor's sole liability for
any breach of this warranty shall be, in Licensor's sole discretion:
(i) to replace your defective media or Software; or
(ii) to advise you how to achieve substantially the same functionality
with the Software as described in the Documentation through a
procedure different from that set forth in the Documentation; or
(iii) if the above remedies are impracticable, to refund the license fee
you paid for the Software.
Repaired, corrected, or replaced Software and Documentation shall be covered
by this limited warranty for the period remaining under the warranty that
covered the original Software, or if longer, for thirty (30) days after the date
(a) of shipment to you of the repaired or replaced Software, or
(b) Licensor advised you how to operate the Software so as to achieve the
functionality described in the Documentation. Only if you inform
Licensor of your problem with the Software during the applicable
warranty period and provide evidence of the date you purchased a license
to the Software will Licensor be obligated to honor this warranty.
Licensor will use reasonable commercial efforts to repair, replace,
advise or, for individual consumers, refund pursuant to the foregoing
warranty within 30 days of being so notified.
THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY
LICENSOR. LICENSOR MAKES NO OTHER EXPRESS WARRANTY AND NO
WARRANTY OF NONINFRINGEMENT OF THIRD PARTIES' RIGHTS. THE
DURATION OF IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION,
WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR
PURPOSE, IS LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD; SOME
JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY LASTS, SO LIMITATIONS MAY NOT APPLY TO YOU. NO LICENSOR
DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY
MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY.
If any modifications are made to the Software by you during the warranty
period; if the media is subjected to accident, abuse, or improper use;
or if you violate the terms of this Agreement, then this warranty shall
immediately be terminated. This warranty shall not apply if the Software
is used on or in conjunction with hardware or software other than the
unmodified version of hardware and software with which the Software was
designed to be used as described in the Documentation.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE
OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.
PART III
TERMS APPLICABLE TO ALL LICENSE GRANTS SCOPE OF GRANT.
You may:
use the Software on any single computer;
use the Software on a network, provided that each person
accessing the Software through the network must have a copy
licensed to that person; use the Software on a second computer
so long as only one copy is used at a time; copy the Software
for archival purposes, provided any copy must contain all of the
original Software's proprietary notices; or if you have purchased
licenses for a 10 Pack or a 50 Pack, make up to 10 or 50 copies,
respectively, of the Software (but not the Documentation), provided
any copy must contain all of the original Software's proprietary
notices. The number of copies is the total number of copies that
may be made for all platforms. Additional copies of Documentation
may be purchased.
You may not:
permit other individuals to use the Software except under the
terms listed above; permit concurrent use of the Software;
modify, translate, reverse engineer, decompile, disassemble
(except to the extent applicable laws specifically prohibit such
restriction), or create derivative works based on the Software;
copy the Software other than as specified above; rent, lease,
grant a security interest in, or otherwise transfer rights to the
Software; or remove any proprietary notices or labels on the Software.
TITLE.
Title, ownership rights, and intellectual property rights in the
Software shall remain in Licensor and/or its suppliers. The Software is
protected by the copyright laws and treaties. Title and related rights
in the content accessed through the Software is the property of the
applicable content owner and may be protected by applicable law. This
License gives you no rights to such content.
TERMINATION.
The license will terminate automatically if you fail to
comply with the limitations described herein. On termination, you must
destroy all copies of the Software and Documentation.
EXPORT CONTROLS.
None of the Software or underlying information or
technology may be downloaded or otherwise exported or reexported
(i) into (or to a national or resident of) Cuba, Iraq, Libya,
Yugoslavia, North Korea, Iran, Syria or any other country
to which the U.S. has embargoed goods; or
(ii) to anyone on the U.S. Treasury Department's list of Specially
Designated Nationals or the U.S. Commerce Department's
Table of Denial Orders. By downloading or using the Software, you are
agreeing to the foregoing and you are representing and warranting that
you are not located in, under the control of, or a national or resident
of any such country or on any such list.
In addition, if the licensed Software is identified as a not-for-export
product (for example, on the box, media or in the installation process),
then the following applies:
EXCEPT FOR EXPORT TO CANADA FOR USE IN CANADA BY CANADIAN
CITIZENS, THE SOFTWARE AND ANY UNDERLYING TECHNOLOGY MAY
NOT BE EXPORTED OUTSIDE THE UNITED STATES OR TO ANY FOREIGN
ENTITY OR "FOREIGN PERSON" AS DEFINED BY U.S. GOVERNMENT
REGULATIONS, INCLUDING WITHOUT LIMITATION, ANYONE WHO IS
NOT A CITIZEN, NATIONAL OR LAWFUL PERMANENT RESIDENT OF THE
UNITED STATES. BY DOWNLOADING OR USING THE SOFTWARE, YOU ARE
AGREEING TO THE FOREGOING AND YOU ARE WARRANTING THAT YOU ARE
NOT A "FOREIGN PERSON" OR UNDER THE CONTROL OF A FOREIGN
PERSON. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND
UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL
LICENSOR OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR
ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE,
COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL LICENSOR BE
LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT LICENSOR
RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF
LICENSOR SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH
DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION
OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
HIGH RISK ACTIVITIES.
The Software is not fault-tolerant and is not designed, manufactured
or intended for use or resale as on-line control equipment in hazardous
environments requiring fail-safe performance, such as in the operation
of nuclear facilities, aircraft navigation or communication systems,
air traffic control, direct life support machines, or weapons systems,
in which the failure of the Software could lead directly to death,
personal injury, or severe physical or environmental damage ("High
Risk Activities"). Licensor and its suppliers specifically disclaim
any express or implied warranty of fitness for High Risk Activities.
MISCELLANEOUS.
If the copy of the Software you received was accompanied
by a printed or other form of "hard-copy" End User License Agreement
whose terms vary from this Agreement, then the hard-copy End User
License Agreement governs your use of the Software. This Agreement
represents the complete agreement concerning this license and may
amended only by a writing executed by both parties.
THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY
MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN,
AND NOT THOSE IN YOUR PURCHASE ORDER.
If any provision of this Agreement is held to be unenforceable,
such provision shall be reformed only to the extent necessary to make it
enforceable. This Agreement shall be governed by California law (except
for conflict of law provisions). The application the United Nations
Convention of Contracts for the International Sale of Goods is expressly
excluded.
U.S. GOVERNMENT RESTRICTED RIGHTS.
Use, duplication or disclosure by the Government is subject to restrictions
set forth in subparagraphs (a) through (d) of the Commercial
Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in
subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software
clause at DFARS 252.227-7013, or at 252.211-7015, or to Licensor's standard
commercial license, as applicable, and in similar clauses in the NASA FAR
Supplement. Contractor/manufacturer is Infinop.