End user agreement for Simple Hydraulic Calculator
THE SIMPLE HYDRAULIC CALCULATOR SINGLE END-USER LICENSE AGREEMENT
as of January 12, 2005.
The general principle is that first espoused by Borland: treat this license like it were a book.
REMEMBER, BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE.
1. License. The software accompanying this License (hereinafter
"Software"), regardless of the media on which it is distributed, are
licensed to you by Igneus Incorporated. You own the medium on
which the Software is recorded, but Igneus Incorporated retains
title to the Software and related documentation. You may:
a) run the Software on any computer, so long as no more than one person
per license is using the Software at one time.
b) make copies of the Software in machine-readable form for backup
c) transfer all your license rights in the Software, the backup copy of
the Software, the related documentation and a copy of this License to another
party, provided the other party reads and agrees to accept the terms and
conditions of this License.
2. Restrictions. The Software contains copyrighted material, trade secrets and other proprietary material. In order to protect them, and except as permitted by applicable legislation, you may not:
a) decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form
b) modify, network, rent, lend, loan, distribute or create derivative works based upon the Software in whole or in part.
3. Termination. This License is effective until terminated. You may terminate this License at any time by destroying the Software, related documentation and all copies thereof. This License will terminate immediately without notice from Igneus Incorporated if you fail to comply with any provision of this License. Upon termination you must destroy the Software, related documentation and all copies thereof.
4. Export Law Assurance. You agree and certify that neither the Software
nor any other technical data received from Igneus Incorporated, nor the direct product thereof, will be exported outside the United States except as authorized and as permitted by the laws and regulations of the United States. If the Software has been rightfully obtained by you outside of the United States, you agree that you will not reexport the Software nor any other technical data received from Igneus Incorporated, nor the direct product thereof, except as permitted by the laws and regulations of the United States and the laws and regulations of the jurisdiction in which you obtained the Software.
5. Government End Users. If you are acquiring the Software on behalf of any unit or agency of the United States Government, the following provisions apply. The Government agrees:
(i) if the Software is supplied to the Department of Defense (DoD), the Software is classified as "Commercial Computer Software" and the Government is acquiring only "restricted rights" in the Software and its documentation as that term is defined in Clause 252.227-7013(c)(1) of the DFARS; and
(ii) if the Software is supplied to any unit or agency of the United States Government other than DoD, the Government's rights in the Software and its documentation will be as defined in Clause 52.227-19(c)(2) of the FAR or, in the case of NASA, in Clause 18-52.227-86(d) of the NASA Supplement to the FAR.
6. Warranty. Igneus Incorporated warrants that the Software will perform substantially in accordance with the provided documentation for a period of ninety (90) days from the date of receipt. In the event of deviations in the software, Igneus Incorporated will make a reasonable effort to bring the software into conformance with the manual and to provide you with a corrected version as soon as possible.
This warranty is void if the software failure has resulted from abuse, accident, or misapplication.
7. Limitation of Liability. UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL IGNEUS INCORPORATED, OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF IGNEUS INCORPORATED OR IGNEUS INCORPORATED'S AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. In no event shall VENDOR's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence) or otherwise) exceed the amount paid by you for the Software.
8. Policy Statement. This constitutes Igneus Incorporated's EULA for the Software. Igneus Incorporated is free to change this EULA at any time by posting changes to Igneus Incorporated's web site.