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- SOFTWARE LICENSE AGREEMENT
-
-
- 1. Grant of License.
-
- Subject to the terms of this Agreement, Technology Dynamics (Owner) grants you
- a non-exclusive license to use the RedRulesEditor software program contained on
- the enclosed disk or archive (*.zip) file (the "Software") provided you agree
- to all of the following. The term "Software" shall also include any upgrades,
- modified versions or updates of the Software licensed to you by Vendor. This
- Software is licensed, not sold You may copy the Software onto a computer to be
- used and you may make archive copies of the Software for backup purposes and to
- protect your investment from loss.
-
-
- 2. Transferability.
-
- You shall not sell, lease, assign, sublicense or disclose the Software in whole
- or in part to any other person or entity, however, you may transfer all of your
- rights to use the software to another person or entity provided all original
- materials, disks, documentation, and any and all archive copies or backups of
- the Software are transferred as well.
-
-
- 3. Term of License.
-
- The license shall remain in effect until terminated. You may terminate the
- license at any time by destroying all copies, modifications, or merged portions
- of the Software. It will also terminate if you fail to comply with any term or
- condition of this Agreement. You agree upon such termination to destroy the
- Software, any and all copies, modifications, or merged portions in any form.
-
-
- 4. Copyright.
-
- The Software and the accompanying documentation is owned by Vendor and is
- protected by United States copyright laws and international treaty provisions.
- You may not modify, disassemble, decompile or reverse engineer the Software or
- documentation, except as consented to in writing by Vendor.
-
-
- 5. Acknowledgment and Indemnity.
-
- YOU ACKNOWLEDGE THAT THE FAILURE TO PROPERLY OPERATE THE SOFTWARE LICENSED
- HEREUNDER, INCLUDING THE TIMELY AND ACCURATE INPUT AND TRANSMISSION OF ALL AND
- ANY DATA, COULD RESULT IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH THAT MIGHT
- HAVE BEEN AVOIDED IF THE SOFTWARE HAD BEEN PROPERLY OPERATED IN A TIMELY MANNER.
-
- You agree to indemnify and hold Vendor harmless from any and all claims, damage,
- loss, cost, expense or other liability for property damage, personal injury,
- wrongful death or any other claim resulting from the negligent failure to
- properly operate the Software, including the timely and accurate input and
- transmission of ALL and ANY data.
-
-
- 6. Limited Warranty.
-
- Vendor warrants that the Software will perform substantially in accordance with
- the accompanying Vendor end-use documentation for a period of sixty (60) days
- from the date of purchase. THIS WARRANT IS EXCLUSIVE AND VENDOR MAKES NO OTHER
- WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF
- MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
-
-
- 7. Remedies.
-
- If you believe that the Software has not performed in accordance with the
- foregoing limited warranty, you must notify Vendor in writing not more than 60
- days after the end of the applicable warranty period. In the event such limited
- warranty has been breached, Vendor shall, at its option, either (i) repair or
- replace the Software free of charge, or (ii) accept the return of the Software
- and refund the purchase price therefor
-
- No Liability for Damages.
-
- IN NO EVENT WILL VENDOR BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING,
- WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION,
- LOSS OF BUSINESS INFORMATION, LOST SAVINGS, PERSONAL INJURY, WRONGFUL DEATH, OR
- OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY
- TO USE THE SOFTWARE, EVEN IF VENDOR OR AN AUTHORIZED DEALER HAS BEEN ADVISED OF
- THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY, EXCEPT TO
- THE EXTENT OF THE REMEDIES DESCRIBED ABOVE IN THE EVENT OF THE BREACH OF THE
- LIMITED WARRANTY DESCRIBED ABOVE.
-
-
- 8. U.S. Government Use.
-
- Use, duplication or disclosure by the U.S. Government is subject to restrictions
- as set forth in subdivision (c)(1)(ii) of the Rights in Technical Data and
- Computer Software clause as 252-227-7013.
-
-
- 9. Governing Law.
-
- The parties agree that any dispute or default arising from this Agreement shall
- be governed by the internal law of the State of Texas.
-
-