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- BY CLICKING ON THE "ACCEPT" BUTTON OR OPENING THE PACKAGE, YOU ARE
- CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL
- OF THE TERMS OF THIS AGREEMENT, CLICK THE "DO NOT ACCEPT" BUTTON AND
- THE INSTALLATION PROCESS WILL NOT CONTINUE OR RETURN THE PRODUCT TO
- THE PLACE OF PURCHASE FOR A FULL REFUND.
-
- CRYSTAL DOWNLOAD END USER LICENSE AGREEMENT
- REDISTRIBUTION NOT PERMITTED
-
- Crystal 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 Crystal's criteria 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 Crystal assume the entire cost of any service and
- repair. In addition, the security mechanisms implemented by Crystal
- 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.
-
- 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 Crystal 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 CRYSTAL 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 CRYSTAL BE LIABLE FOR
- ANY DAMAGES IN EXCESS OF THE AMOUNT CRYSTAL RECEIVED FROM YOU FOR A
- LICENSE TO THE SOFTWARE, EVEN IF CRYSTAL 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"). Crystal 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 Crystal's standard commercial
- license, as applicable, and in similar clauses in the NASA FAR
- Supplement. Contractor/manufacturer is Crystal Computing
- Corporation, 2635 North First Street, Suite #218, San Jose, CA 95134.
-