End user agreement for Hot Ice
CodeName: MANA - Hot Ice
IMPORTANT - READ CAREFULLY
This license statement and limited warranty constitutes a legal agreement (''License Agreement'') between you (either as an individual or a single entity) and CodeName: MANA for the software product (''Software'') identified above, including any software, media, and accompanying on-line or printed documentation.
BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE,
YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS
OF THE LICENSE AGREEMENT. If you are the original purchaser of the
Software and you do not agree with the terms and conditions of the License
Agreement, promptly return the unused Software to the place from which you
obtained it for a full refund.
Upon your acceptance of the terms and conditions of the License Agreement,
CodeName: MANA grants you the right to use the Software in the manner provided below.
This Software is owned by CodeName: MANA or its suppliers and is protected by copyright law and international copyright treaty. Therefore, you must treat this Software like any other copyrighted material (e.g., a book), except that you may either make one copy of the Software solely for backup or archival purposes or transfer the Software to a single hard disk provided you keep the original solely for backup or archival purposes.
You may transfer the Software and documentation on a permanent basis provided
you retain no copies and the recipient agrees to the terms of the License
Agreement. Except as provided in the License Agreement, you may not transfer,
rent, lease, lend, copy, modify, translate, sublicense, time-share or electronically transmit or receive the Software, media or documentation. You acknowledge that the Software in source code form remains a confidential trade secret of CodeName: MANA and/or its suppliers and therefore you agree not to modify the Software or attempt to reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
If you have purchased an upgrade version of the Software, it constitutes a single product with the CodeName: MANA software that you upgraded. You may use or transfer the upgrade version of the Software only in accordance with the License Agreement.
This Software is subject to U.S. Commerce Department export restrictions, and is
intended for use in the country into which CodeName: MANA sold it (or in the EEC, if sold into the EEC).
ADDITIONAL LICENSE TERMS FOR Hot Ice
You may install a copy of the Software on a computer and freely move the Software from one computer to another, provided that you are the only individual using the Software. If you are an entity, CodeName: MANA grants you the right to designate one individual within your organization (''Named User'') to have the right to use the Software in the manner provided above.
CodeName: MANA products may include certain files (''Redistributables'') intended for distribution by you to the users of programs you create. Redistributables include, for example, those files identified in the accompanying printed or on-line documentation as redistributable files, those files preselected for deployment by an install utility provided with the Software (if any), or those files pre-selected by a third party install utility which operates under control of an install script which CodeName: MANA has certified (if any) for use by licensed users of this Software for
deploying applications. In any event, the Redistributables for the Software are
only those files specifically designated as such by CodeName: MANA. From time to time, CodeName: MANA may designate other files as Redistributables. You should refer to the documentation, including any ''readme'' or ''deploy'' files included with the Software, for additional information.
Subject to all of the conditions in this statement, you may reproduce and distribute exact copies of the Redistributables, provided that such copies are made from the original copy of the Software or the copy transferred to the single hard disk. Copies of Redistributables may only be distributed with and for the sole purpose of executing application programs permitted under this statement that you have created using the Software. Under no circumstances may any copies of Redistributables be distributed separately. You may not reproduce or distribute any CodeName: MANA documentation without CodeName: MANA's permission.
The Software might include source code, redistributable files, and/or other files provided by a third party vendor (Third Party Software). Since use of Third Party Software might be subject to license restrictions imposed by the third party vendor, you should refer to the on-line documentation (if any) provided with Third Party Software for any license restrictions imposed by the third party vendor. In any event, any license restrictions imposed by a third party vendor are in addition to, not in lieu of, the terms and conditions of the License Agreement.
All CodeName: MANA libraries, source code, Redistributables and other files remain CodeName: MANA's exclusive property. Regardless of any modifications that you make, you may not distribute any files (particularly CodeName: MANA source code and other non-executable files) except those that CodeName: MANA has expressly designated as Redistributables. Nothing in the License Agreement permits you to derive the source code of files that CodeName: MANA has provided to you in executable form only, or to reproduce, modify, use, or distribute the source code of such files.
Contact CodeName: MANA for the applicable royalties due and other licensing terms for all other uses and/or distribution of the Redistributables.
Except with respect to the Redistributables, which are provided ''as is,''
without warranty of any kind, CodeName: MANA warrants that the Software, as updated and when properly used, will perform substantially in accordance with the accompanying documentation, and the Software media will be free from defects in materials and workmanship, for a period of ninety (90) days from the date of
receipt. Any implied warranties on the Software are limited to ninety (90) days. Some states/jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.
CodeName: MANA’s and its suppliers’ entire liability and your exclusive remedy shall be, at CodeName: MANA’s option, either (a) return of the price paid, or (b) repair or replacement of the Software that does not meet CodeName: MANA’s Limited Warranty and which is returned to CodeName: MANA with a copy of your receipt. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States, neither these remedies nor any product support services offered by CodeName: MANA are available without proof
of purchase from an authorized non-U.S. source.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
CODENAME: MANA AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES
AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-
INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE
PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS
LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY
HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL CODENAME: MANA OR ITS SUPPLIERS BE LIABLE FOR ANY
SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF
BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS)
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE
PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT
SERVICES, EVEN IF CODENAME: MANA HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, CODENAME: MANA'S ENTIRE
LIABILITY UNDER ANY PROVISION OF THIS LICENSE AGREEMENT
SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY
PAID BY YOU FOR THE SOFTWARE PRODUCT OR U.S. $25; PROVIDED,
BECAUSE SOME STATES AND JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE
LIMITATION 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''). CodeName: MANA and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
U.S. GOVERNMENT RESTRICTED RIGHTS
The Software and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set
forth in subparagraphs (c)(1)(ii) of the Rights in Technical Data and Computer
Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the
Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as
applicable. Manufacturer is CodeName: MANA, firstname.lastname@example.org
This statement may only be modified in writing signed by you and an authorized
officer of CodeName: MANA. If any provision of this statement is found void or
unenforceable, the remainder will remain valid and enforceable according to its
terms. If any remedy provided is determined to have failed for its essential
purpose, all limitations of liability and exclusions of damages set forth in the
Limited Warranty shall remain in effect.
This statement shall be construed, interpreted and governed by the laws of the
State of Hawaii, U.S.A. This statement gives you specific legal rights; you may
have others which vary from state to state and from country to country.
CodeName: MANA reserves all rights not specifically granted in this statement.