license_agreement
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End User License Agreement (EULA)
This End User License Agreement (EULA) is a
CONTRACT between the User, and Automated Logic
Corporation (ALC), which covers the User's use of
the ALC products (Products) that accompany this
EULA, which may include software programs
(Software), hardware (Hardware), associated media,
printed materials, and "online" or electronic
documentation. If the User does not agree to the
terms of this EULA, then do not install or use the
Software Product or the License. BY EXPLICITLY
ACCEPTING THIS EULA, HOWEVER, OR BY INSTALLING,
COPYING, DOWNLOADING, ACCESSING, OR OTHERWISE
USING THE SOFTWARE PRODUCT AND/OR LICENSE, YOU ARE
ACKNOWLEDGING AND AGREEING TO BE BOUND BY THE
TERMS OF THIS EULA.
COPYRIGHT
Copyright laws and international copyright
treaties, as well as other intellectual property
laws and treaties protect the Products. User may
not and shall not copy or otherwise reproduce or
make available to any other party any part or all
of the Products. The User may, however, make one
(1) copy of Software for backup or archival
purposes.
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
User may not reverse engineer, decompile or
disassemble the Products, modify or create
derivative works based upon the Products in whole
or in part, distribute copies of the Software,
remove any proprietary notices or labels on the
Products or resell, lease, rent, transfer,
sublicense or otherwise transfer rights to the
Software. User acknowledges that no title to the
intellectual property in the Products is
transferred. Title, ownership, rights and the
intellectual property rights in and to the Products
shall remain with ALC. Furthermore, this EULA does
not grant User any rights in connection with any
trademarks or service marks of ALC.
GRANT OF NON-EXCLUSIVE LICENSE
ALC Software that does not require
registration (typically engineering tool software
programs and training software programs) may be
installed and used on multiple computers within
the User's organization as required, but may not be
shared with individuals outside the User's
organization. User may not modify or create
derivative copies of the License. User may not
sublicense, reassign, or transfer this License or
Agreement, or any part thereof, to any party. All
rights not expressly granted to User are retained
by ALC.
WARRANTIES
Licensor warrants that Licensor has the right to
license to User the nonexclusive use of the
Products as set forth herein. Licensor warrants
that, to the best of Licensor抯 knowledge, the
intellectual property embodied in the Products do
not infringe upon the registered U.S. copyright,
patent, or trademark rights of third parties. ALL
OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING
ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE ARE HEREBY EXCLUDED.
INDEMNIFICATION
In the event of any United States copyright,
pa
tent, or trademark infringement claim brought
against User arising out of use of the Product as
authorized in this EULA, Licensor will defend, at
its expense, and pay any direct costs and damages
made in settlement or finally awarded as a result
of any infringement action brought against User,
subject to the limitations set out in the next
paragraph, provided (1) Licensor is promptly
notified in writing by User that such action is
threatened or has been brought; (2) Licensor shall
have sole control of the defense of any such action
and all negotiations for its settlement or
compromise; and (3) Licensor receives the
cooperation and assistance of User.
LIMITATION ON LIABILITY
Licensor shall not be liable for loss of profit,
loss of business, or other financial loss which may
be caused, directly or indirectly, by the
inadequacy of the Product for any purpose or any
use thereof, or by any defect or deficiency
therein. The User agrees that the Licensor抯
liability for damages, if any, shall not exceed the
charges paid to the Licensor by the User under this
Agreement. No action, regardless of form, arising
out of any transaction under this Agreement may be
brought by the User more than one year after the
Licensee has knowledge of the occurrence which
gives rise to the cause of such action.
ADDITIONAL SOFTWARE
This EULA applies to updates or supplements to the
original Product provided by ALC.
TERMINATION
ALC may cancel this EULA if User does not abide by
the terms and conditions of this EULA, in which
case all Products and component parts must be
returned to ALC and all copies of Products, or any
portions thereof, not returned to ALC must be
destroyed.
NOTE ON JAVA SUPPORT
Sun Microsystems, Inc. has contractually obligated
ALC to make this disclaimer:
THE PRODUCT MAY CONTAIN SUPPORT FOR PROGRAMS
WRITTEN IN JAVA. JAVA TECHNOLOGY IS NOT FAULT
TOLERANT AND IS NOT DESIGNED, MANUFACTURED, OR
INTENDED FOR USE OR RESALE AS ONLINE 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 JAVA TECHNOLOGY COULD LEAD DIRECTLY
TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR
ENVIRONMENTAL DAMAGE
ENTIRE AGREEMENT
This EULA, including any addendum or amendment to
this EULA which is included with the Product, are
the entire agreement between User and ALC relating
to the Products, and they supersede all prior or
contemporaneous oral or written communications,
proposals and representations with respect to the
Products or any other subject matter covered by
this EULA. To the extent the terms of any ALC
policies or programs for support services conflict
with the terms of this EULA, the terms of this EULA
shall control.
CONTACT INFORMATION
If the User has any questions about this EULA,
or
wants to contact ALC for any reason, please direct
all correspondence to:
Automated Logic Corporation,
Attn: Marketing Department,
1150 Roberts Blvd.,
Kennesaw, GA 30144,
United States of America
or email salesinfo@.
2004 Automated Logic Corporation