PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY. YOU MAY PROCEED TO USE XANATECH SOFTWARE IF YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, PLEASE DISCARD OR RETURN ALL COPIES OF XANATECH SOFTWARE FOR A REFUND (IF YOU PURCHASED THE SOFTWARE FROM XANATECH).
1. License. The software, documentation and any fonts accompanying this License whether on disk, in read only memory, on any other media or in any other form (the “Xanatech Software”) are licensed to you by Xanatech, Inc. or its local subsidiary, if any (“Xanatech”). You own the media on which the Xanatech Software is recorded but Xanatech and/or Xanatech's licensor(s) retain title to the Xanatech Software. The Xanatech Software and any copies made and/or distributed under this License are subject to this License.
2. Permitted Uses and Restrictions. This License allows you to install and use the Xanatech Software on a single computer at a time. This License does not allow the Xanatech Software to exist on more than one computer at a time. You may make one copy of the Xanatech Software in machine-readable form for backup purposes only. The backup copy must include all copyright information contained on the original. Except as expressly permitted in this License, you may not decompile, reverse engineer, disassemble, modify, rent, lease, loan, sublicense, distribute or create derivative works based upon the Xanatech Software in whole or part or transmit the Xanatech Software over a network or from one computer to another. THE XANATECH SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION SYSTEMS, OR AIR TRAFFIC CONTROL MACHINES IN WHICH CASE THE FAILURE OF THE Xanatech Software COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. Your rights under this License will terminate automatically without notice from Xanatech if you fail to comply with any term(s) of this License.
3. Disclaimer of Warranty on Xanatech Software. You expressly acknowledge and agree that use of the Xanatech Software is at your sole risk. The Xanatech Software is provided “AS IS” and without warranty of any kind and Xanatech and Xanatech's licensor(s) (for the purposes of provisions 3 and 4, Xanatech and Xanatech's licensor(s) shall be collectively referred to as "Xanatech") EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. Xanatech DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE XANATECH SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE XANATECH SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE XANATECH SOFTWARE WILL BE CORRECTED. FURTHERMORE, XANATECH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE XANATECH SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY XANATECH OR AN XANATECH AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE XANATECH SOFTWARE PROVE DEFECTIVE, YOU (AND NOT XANATECH OR AN XANATECH AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE TERMS OF THIS DISCLAIMER DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING Xanatech PRODUCTS OTHERWISE THAN IN THE COURSE OF A BUSINESS, NEITHER DO THEY LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY XANATECH'S NEGLIGENCE.
4. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL XANATECH BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Xanatech's total liability to you for all damages exceed the amount of fifty dollars ($50.00).
5. Export Law Assurances. You may not use or otherwise export or reexport the Xanatech Software except as authorized by United States law and the laws of the jurisdiction in which the Xanatech Software was obtained. In particular, but without limitation, the Xanatech Software may not be exported or reexported (i) into (or to a national or resident of) any U.S. embargoed country or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders. By using the Xanatech Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
6. Government End Users. If the Xanatech Software is supplied to the United States Government, the Xanatech Software is classified as "restricted computer software" as defined in clause 52.227-19 of the FAR. The United States Government's rights to the Xanatech Software are as provided in clause 52.227-19 of the FAR.
7. Controlling Law and Severability. If there is a local subsidiary of Xanatech in the country in which the Xanatech Software License was obtained, then the local law in which the subsidiary sits shall govern this License. Otherwise, this License shall be governed by the laws of the United States and the State of Massachusetts. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
8. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the Xanatech Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Xanatech.
