Do not use this software until you have carefully read this agreement and agree to the terms of this license. By using the software, you are agreeing to the terms of this license.
In return for a license to use the enclosed VST Power Systems, Inc. software program(s) (the “Software”), and for using the documentation included with this package, you agree to the following terms and conditions:
1. License. The Software enclosed is licensed, not sold, to you by VST Power Systems, Inc. (“VST”) for use under the terms of this software license. This non-exclusive license allows you to use the Software. The Software is copyrighted by VST and proprietary to VST, and VST retains title and ownership of the Software, and all copies of the Software. This license is not a sale of Software or any copy. You agree to hold Software in confidence and to take all reasonable steps to prevent disclosure.
2. Restrictions. The Software contains trade secrets that are wholly owned by VST Power Systems, Inc. You may not use the Software on a computer that is not used by you. YOU MAY NOT ADAPT, MODIFY, TRANSLATE, RENT, LEASE, RESELL FOR PROFIT, DISTRIBUTE, NETWORK, OR CREATE DERIVATIVE WORKS BASED UPON THIS SOFTWARE OR ANY PART THEREOF. YOU MAY NOT DISASSEMBLE, DECOMPILE, DERESOURCE, OR REVERSE ENGINEER THIS SOFTWARE OR ANY PART THEREOF.
3. Termination. This license is effective until terminated. This license will terminate immediately without any notice from VST if you fail to comply with any of its provisions. Upon termination you must destroy the Software and all copies thereof. You may terminate this license at any time by destroying the Software and all copies thereof.
4. Export Law Assurances. You agree and certify that neither the Software nor the documentation will be transferred or re-exported, directly or indirectly, into any country where such transfer or export is prohibited by the United States Export Administration Act and regulations thereunder or will be used for any purpose prohibited by the Act. You also agree that neither the Software nor any technical data received from VST, nor the direct product thereof will be exported outside the United States except as authorized in advance by VST, in writing, and as permitted by the laws of the United States.
5. a) Warranty Disclaimer, Limitation of Damages and Remedies. THIS SOFTWARE AND ACCOMPANYING WRITTEN OR ELECTRONIC DOCUMENTATION ARE LICENSED "AS IS". THE FULL TEXT OF THE WARRANTY AND DISCLAIMER IS PROVIDED IN THE USER MANUAL. IN NO EVENT AND UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL VST, OR IS OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR ACCOMPANYING DOCUMENTATION EVEN IF VST OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VST OR AN VST EMPLOYEE OR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE TO BE DEFECTIVE, YOU (AND NOT VST OR AN VST AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
Some states do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of implied warranties or liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary from state to state.
VST's liability for damages to you or others will in no event exceed the total amount paid by you for this software.
b) Warranty Disclaimer, Limitation of Damages and Remedies - LICENSOR(S) VST's LICENSOR(S) MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SOFTWARE. VST's LICENSOR(S) DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. THE EXCLUSION OF IMPLIED WARRANTIES IS NOT PERMITTED BY SOME JURISDICTIONS. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT WILL VST's LICENSOR(S), AND THEIR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY VST's LICENSOR) BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF VST's LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
VST's Licensor's liability to you for actual damages from any cause whatsoever, and regardless of the form of the action (whether in contract, tort (including negligence), product liability or otherwise) will be limited to $50.
6. Government End Users. If you are a United States Government end user, this license of the Software conveys only "RESTRICTED RIGHTS", and its use, disclosure, and duplication are subject to DFARS 52.227-7013. This Software was developed at private expense, and no part of it was developed with government funds. The Software is a trade secret of VST for all purposes of the Freedom of Information act, and is "commercial computer software" subject to limited utilization as provided in the contract between the vendor and the government entity, and in all respects is proprietary data belonging solely to VST. Government personnel using the Software, other than under a DOD contract or GSA Schedule, are hereby on notice that the use of this Software is subject to restrictions that are the same as, or similar to, those specified above.
7. General. This license will be construed under the laws of the Commonwealth of Massachusetts, except for that body of law dealing with conflicts of laws, if obtained in the United States, or the laws of jurisdiction where obtained if obtained outside the United States. If any provision of this license is held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this license will remain in full force and effect.
8. Complete Agreement. This license constitutes the entire agreement between the parties with respect to the use of the Software and related documentation, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
