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- END USER LICENSE AGREEMENT
- REDISTRIBUTION NOT PERMITTED
-
- This Agreement has 3 parts. Part I applies if you have not purchased a
- license for Lightning Strike (the "Software"). Part II applies
- if you have purchased a license to the Software. Part III applies to all
- license grants. If you initially acquired a copy of the Software without
- purchasing a license and you wish to purchase a license, contact
- Infinop ("Licensor").
-
- PART I
-
- TERMS APPLICABLE WHEN LICENSE FEES NOT (YET) PAID (LIMITED TO
- EVALUATION, EDUCATIONAL AND NON-PROFIT USE) GRANT.
-
- Licensor 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 the criteria of Infinop Inc. 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 Licensor assume the entire cost of any
- service and repair. In addition, the security mechanisms, if any, implemented
- by Licensor 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.
-
- PART II
-
- TERMS APPLICABLE WHEN LICENSE FEES PAID GRANT.
-
- Subject to payment of applicable license fees, Licensor grants to you a
- non-exclusive license to use the Software and accompanying documentation
- ("Documentation") in the manner described in Part III below under
- "Scope of Grant."
-
- LIMITED WARRANTY.
-
- Licensor warrants that for a period of ninety (90) days from the date of
- acquisition, the Software, if operated as directed, will substantially
- achieve the functionality described in the Documentation. Licensor does
- not warrant, however, that your use of the Software will be uninterrupted
- or that the operation of the Software will be error-free or secure. In
- addition, the security mechanisms, if any, implemented by Licensor software
- have inherent limitations, and you must determine that the Software
- sufficiently meets your requirements. Licensor also warrants that the
- media containing the Software, if provided by Licensor, is free from
- defects in material and workmanship and will so remain for ninety (90) days
- from the date you acquired the Software. Licensor's sole liability for
- any breach of this warranty shall be, in Licensor's sole discretion:
-
- (i) to replace your defective media or Software; or
-
- (ii) to advise you how to achieve substantially the same functionality
- with the Software as described in the Documentation through a
- procedure different from that set forth in the Documentation; or
-
- (iii) if the above remedies are impracticable, to refund the license fee
- you paid for the Software.
-
- Repaired, corrected, or replaced Software and Documentation shall be covered
- by this limited warranty for the period remaining under the warranty that
- covered the original Software, or if longer, for thirty (30) days after the date
-
- (a) of shipment to you of the repaired or replaced Software, or
-
- (b) Licensor advised you how to operate the Software so as to achieve the
- functionality described in the Documentation. Only if you inform
- Licensor of your problem with the Software during the applicable
- warranty period and provide evidence of the date you purchased a license
- to the Software will Licensor be obligated to honor this warranty.
- Licensor will use reasonable commercial efforts to repair, replace,
- advise or, for individual consumers, refund pursuant to the foregoing
- warranty within 30 days of being so notified.
-
- THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY
- LICENSOR. LICENSOR MAKES NO OTHER EXPRESS WARRANTY AND NO
- WARRANTY OF NONINFRINGEMENT OF THIRD PARTIES' RIGHTS. THE
- DURATION OF IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION,
- WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR
- PURPOSE, IS LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD; SOME
- JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED
- WARRANTY LASTS, SO LIMITATIONS MAY NOT APPLY TO YOU. NO LICENSOR
- DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY
- MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY.
-
- If any modifications are made to the Software by you during the warranty
- period; if the media is subjected to accident, abuse, or improper use;
- or if you violate the terms of this Agreement, then this warranty shall
- immediately be terminated. This warranty shall not apply if the Software
- is used on or in conjunction with hardware or software other than the
- unmodified version of hardware and software with which the Software was
- designed to be used as described in the Documentation.
-
- THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE
- OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.
-
- PART III
-
- TERMS APPLICABLE TO ALL LICENSE GRANTS 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 Licensor 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
- LICENSOR 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 LICENSOR BE
- LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT LICENSOR
- RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF
- LICENSOR 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"). Licensor 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 Licensor's standard
- commercial license, as applicable, and in similar clauses in the NASA FAR
- Supplement. Contractor/manufacturer is Infinop.