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MagniComp - End User License Agreement
Version of This Document: 19990724
a non-exclusive license to use
and all subsequent versions called
software (the "Software")
free of charge.
This license does not entitle you to hard-copy documentation, support or
telephone assistance. MagniComp
reserves the right at any time to alter
prices, features, specifications, capabilities, functions, licensing
terms, general availability of the Software.
SCOPE OF GRANT.
- use the Software in any way you wish on any computer regardless of
ownership of said computer;
- redistribute the Software in any form,
including source and binary, to any party with or without charging a fee;
- copy the Software for any purpose.
You may not:
- remove or alter this notice;
- remove or alter any proprietary notices or labels on the Software.
All advertising materials mentioning features or use of this
software must display the following
This product includes software developed by MagniComp (www.MagniComp.com)
and its contributors.
Redistributions in binary form must reproduce this
copyright notice, this list of conditions and
the following disclaimer in the documentation and/or other materials
provided with the distribution.
- Neither name of MagniComp nor the names of its contributors
may be used to endorse or
promote products derived from this software without specific
prior written permission.
TITLE. Title, ownership rights, and intellectual property rights in the
Software shall remain in MagniComp and/or its suppliers. The Software
is protected by copyright and other intellectual property laws and by
international 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. Upon termination of this
license, you agree to destroy all copies of the Software.
DISCLAIMER OF WARRANTY.
The 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 MagniComp or its
suppliers assume the entire cost of any service and repair. In addition,
the security mechanisms implemented by MagniComp 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.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL MAGNICOMP 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 MAGNICOMP BE LIABLE FOR ANY DAMAGES, EVEN IF MAGNICOMP
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"). MagniComp and its
suppliers specifically disclaim any express or implied warranty of
fitness for High Risk Activities.
MISCELLANEOUS. This Agreement represents the complete agreement
concerning this license and may amended only by a writing executed
by both parties. 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.