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1 MagniComp - End User License Agreement
2
3 www.MagniComp.com
4
5 RDist Version 6.1
6
7 Version of This Document: 19990724
8
9 GRANT.
10
11 MagniComp grants you a non-exclusive license to use RDist version 6.1 and all
12 subsequent versions called 6.1.X software (the "Software") free of charge.
13
14 This license does not entitle you to hard-copy documentation, support or
15 telephone assistance. MagniComp reserves the right at any time to alter prices,
16 features, specifications, capabilities, functions, licensing terms, general
17 availability of the Software.
18
19 SCOPE OF GRANT.
20
21 You may:
22
23 * use the Software in any way you wish on any computer regardless of
24 ownership of said computer;
25 * redistribute the Software in any form, including source and binary, to any
26 party with or without charging a fee;
27 * copy the Software for any purpose.
28
29 You may not:
30
31 * remove or alter this notice;
32 * remove or alter any proprietary notices or labels on the Software.
33
34 REQUIREMENTS.
35
36 * All advertising materials mentioning features or use of this software must
37 display the following acknowledgement:
38
39 This product includes software developed by MagniComp
40 (www.MagniComp.com) and its contributors.
41
42 * Redistributions in binary form must reproduce this copyright notice, this
43 list of conditions and the following disclaimer in the documentation and/or
44 other materials provided with the distribution.
45 * Neither name of MagniComp nor the names of its contributors may be used to
46 endorse or promote products derived from this software without specific
47 prior written permission.
48
49 TITLE.
50
51 Title, ownership rights, and intellectual property rights in the Software shall
52 remain in MagniComp and/or its suppliers. The Software is protected by
53 copyright and other intellectual property laws and by international treaties.
54 Title and related rights in the content accessed through the Software is the
55 property of the applicable content owner and may be protected by applicable
56 law. This license gives you no rights to such content.
57
58 TERMINATION.
59
60 The license will terminate automatically if you fail to comply with the
61 limitations described herein. Upon termination of this license, you agree to
62 destroy all copies of the Software.
63
64 DISCLAIMER OF WARRANTY.
65
66 The Software is provided on an "AS IS" basis, without warranty of any kind,
67 including without limitation the warranties of merchantability, fitness for a
68 particular purpose and non-infringement. The entire risk as to the quality and
69 performance of the Software is borne by you. Should the Software prove
70 defective, you and not MagniComp or its suppliers assume the entire cost of any
71 service and repair. In addition, the security mechanisms implemented by
72 MagniComp software have inherent limitations, and you must determine that the
73 Software sufficiently meets your requirements. This disclaimer of warranty
74 constitutes an essential part of the agreement. SOME JURISDICTIONS DO NOT ALLOW
75 EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND
76 YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.
77
78 LIMITATION OF LIABILITY.
79
80 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE,
81 SHALL MAGNICOMP OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER
82 PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
83 CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK
84 STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL
85 DAMAGES OR LOSSES. IN NO EVENT WILL MAGNICOMP BE LIABLE FOR ANY DAMAGES, EVEN
86 IF MAGNICOMP SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR
87 FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY
88 TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW
89 PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE
90 EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
91 LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
92
93 HIGH RISK ACTIVITIES.
94
95 The Software is not fault-tolerant and is not designed, manufactured or
96 intended for use or resale as on-line control equipment in hazardous
97 environments requiring fail-safe performance, such as in the operation of
98 nuclear facilities, aircraft navigation or communication systems, air traffic
99 control, direct life support machines, or weapons systems, in which the failure
100 of the Software could lead directly to death, personal injury, or severe
101 physical or environmental damage ("High Risk Activities"). MagniComp and its
102 suppliers specifically disclaim any express or implied warranty of fitness for
103 High Risk Activities.
104
105 MISCELLANEOUS.
106
107 This Agreement represents the complete agreement concerning this license and
108 may amended only by a writing executed by both parties. If any provision of
109 this Agreement is held to be unenforceable, such provision shall be reformed
110 only to the extent necessary to make it enforceable. This Agreement shall be
111 governed by California law (except for conflict of law provisions). The
112 application the United Nations Convention of Contracts for the International
113 Sale of Goods is expressly excluded.
114
115 END

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