End user agreement for eCalc Calculator
Aspen Labs, LLC Software grants you a non-exclusive license to use
the Software free of charge. If you are using the Software free of
charge under the terms of this Agreement, you are not entitled to
hard-copy documentation, support or telephone assistance.
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 Aspen Labs, LLC assume
the entire cost of any service and repair. In addition, the
security mechanisms implemented by Aspen Labs, LLC 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
SCOPE OF GRANT
1. Use the Software on one or more computers, or on a network
2. Copy the Software for archival purposes, provided any copy must
contain all of the original Software's proprietary notices.
You may not:
1. Permit other individuals to use the Software except under the terms
2. Modify, translate, reverse engineer, decompile, disassemble
(except to the extent applicable laws specifically prohibit such
restriction), or create derivative works based on the Software;
3. Rent, lease, grant a security interest in, or otherwise transfer
rights to the Software; or
4. Remove any proprietary notices or labels on the Software.
Title, ownership rights, and intellectual property rights
in the Software shall remain in Aspen Labs, LLC and/or its suppliers.
The Software is protected by 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.
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.
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.
LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL Aspen Labs, LLC 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
Aspen Labs, LLC BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT
Aspen Labs, LLC RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE,
EVEN IF Aspen Labs, LLC 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"). Aspen Labs, LLC and
its suppliers specifically disclaim any express or implied warranty
of fitness for High Risk Activities.
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 be amended only
by a writing executed by both parties. 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. 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, and in similar clauses in the NASA FAR Supplement.