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- Sun SolarNet PC-NFSpro 2.0 30-Day Right to Use License Agreement
-
- SUN IS WILLING TO LICENSE THE ACCOMPANYING "BASE PACK" SOFTWARE TO YOU ONLY
- UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS
- LICENSE AGREEMENT. READ THE TERMS AND CONDITIONS OF THIS LICENSE CAREFULLY
- BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE, YOU AGREE TO THE TERMS
- AND CONDITIONS OF THIS AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY
- THIS AGREEMENT, RETURN THE SOFTWARE UNUSED WITHIN FIFTEEN (15) DAYS OF
- PURCHASE FOR A REFUND OF THE LICENSE FEE PAID
-
- 1. Licence to Use. Customer is granted a non-exclusive and
- non-transferabLe license ('License") for the use of SolarNet Pc-NFSpro 2.0
- software in machine readable form, together with accompanying
- documentation ("Software"), for a single contigous period of thirty (30)
- days after the original installation date of the software.
-
- 2. Restrictions. The Software is copyrighted and title to all copies is
- retained by Sun Microsystems, Inc. ("Sun") and/or its licensors. Customer
- shall not makecopies of the Software, other than a single copy for back-up
- or archival purposes, in which event all proprietary rights notices on the
- Software shall be reproduced and applied. Customer shall not modify,
- adapt, translate, create derivative works, disassemble, decompile or
- otherwise reverse engineer the Software nor unbundle any softwareprogram
- contained in the Software. The Software may not be sold, leased, assigned,
- sublicensed or otherwise transferred, in whole or in part. No right, title
- or interest in and to any trademarks or trademarks of Sun or Sun's
- licensors is granted hereunder.
-
- 3. Confidentiality. The Software contains confidential and proprietary
- information of Sun. Customer agrees to take adequate steps to protect the
- Software from unauthorized disclosure or use.
-
- 4. Warranty. Sun warrants that the media on which the Software is
- furnished shall be free of defects in materials and workmanship under
- normal use for a period of ninety (90) days from the date of purchase, as
- evidenced by a copy of the receipt. Otherwise, the Software is provided to
- you "AS IS", without a warranty of any kind. These warranties extend only
- to Customer as an original licensee. Customer's exclusive remedy and Sun's
- entire Liability under these warranties will be the correction of defects
- in media or replacement of the media, or, if correction or replacement is
- not reasonably achievable by Sun, the refund to Customer of the license
- fee.
-
- 5. High Risk Activities. Software is not fault-tolerant and are not
- designed, manufactured or intended for use 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, life support, or weapons systems ("High Risk
- Activities"). Sun specifically disclaims any express or implied warranty
- of fitness for High Risk Activities.
-
- 6. Disclaimer of Warranty. EXCEPT AS SPECIFIED IN THIS LICENSE AGREEMENT,
- ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE
- SUBJECT MATTER HEREOF, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY,
- FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED
-
- 7. NDIS Installation and Driver. The NDIS Installation and Driver diskette
- included with the Software contains copyrighted software of several
- licensers. Consult the README file on this diskette for the terms and
- conditions which apply to each software component. THESE COMPONENTS ARE
- PROVIDED AS IS AND SUN DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS,
- WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO SUCH COMPONENTS INCLUDING, BUT
- NOT LIMITED TO, THE WARRANTIES OF DESIGN, MERCHANTABILITY OR FITNESS FOR A
- PARTICULAR PURPOSE, WARRANTIES ARISING FROM A COURSE OF DEALING USAGE OR
- TRADE PRACTICE OR WARRANTIES CONCERNING THE NON-INFRINGEMENT OF THIRD
- PARTY RIGHTS.
-
- 8. Limitation of Liability. IN NO EVENT WILL SUN BE LIABLE FOR ANY LOST
- REVENUE, PROFIT OR DATA, OR OTHER SPECIAL, INDIRECT CONSEQUENTIAL,
- INCIDENTAL OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THEORY OF
- LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN
- IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event
- shall Sun's liability to Customer (whether in contract tort (including
- negligence) or otherwise) exceed the License fee paid by Customer for the
- Software.
-
- 9. Termination. This Licence is effective until terminated. Customer may
- terminate this license at any time by destroying all copies of the
- Software. This License will terminate immediately without notice from Sun
- if Customer fails to comply with any provision of this License. Upon
- termination Customer must destroy ail copies of the Software.
-
- 10. Export Regulations. Customer agrees and certifies that it will not
- export or re-export whether directly or indirectly the Software, or any
- direct products thereof outside the United States without first obtaining
- the appropriate government approvals.
-
- 11. U.S. Government Restricted Rights. If Customer is acquiring the
- Software on behalf of the US Government the folLowing provisions apply. If
- the Software is supplied to the Department of Defense (DOD) the Software is
- subject to restricted Rights as that term is defined in the DOD Supplement
- to the Federal Acquisition Regulation ("DFAR") in paragraph 252.227-7013
- (c)(1). If the Software is supplied to any unit or agency of the United
- States government other than DOD, the Government's rights in the Software
- will be as defined in paragraph 52.227-19 (C)(2) of the Federal Acquisition
- Regulations ("FAR"). Use, duplication reproduction of disclousure by the
- Government is subject to such restrictions. Contractor/Manufacturer is:
- Sunsoft ,Inc., 2550 Garcia Ave., Mountain View CA 94043.
-
- 12. Governing Law. This Agreement is made under and shall be governed by
- and construed in accordance with the laws of the State of California USA,
- irrespective of its choice of law provisions.
-
- 13. Integration. This Agreement is the complete and exclusive agreement
- between Customer and Sun relating to the Software and supersedes any
- proposal or prior agreement oral or written and any other communications
- relating to the subject matter of this Agreement. No variation of the
- terms of this Agreement or any different terms will be enforceable against
- Sun unless Sun gives its express consent, including an express waiver of
- the terms of this Agreement, in a writing signed by an officer of Sun.
-
- *SolarNet and PC-NFSpro are trademarks of Sun Microsystem, Inc.
- ---------------------------------------------------------------