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MagniComp - End User License Agreement
www.MagniComp.com
RDist Version 6.1
Version of This Document: 19990724
GRANT.
MagniComp grants you a non-exclusive license to use RDist version 6.1 and
all subsequent versions called 6.1.X software (the "Software") free of
charge.
This license does not entitle you to hard-copy documentation, support or
telephone assistance. MagniComp reserves the right at any time to alter
prices, features, specifications, capabilities, functions, licensing terms,
general availability of the Software.
SCOPE OF GRANT.
You may:
* use the Software in any way you wish on any computer regardless of
ownership of said computer;
* redistribute the Software in any form, including source and binary, to
any party with or without charging a fee;
* copy the Software for any purpose.
You may not:
* remove or alter this notice;
* remove or alter any proprietary notices or labels on the Software.
REQUIREMENTS.
* All advertising materials mentioning features or use of this software
must display the following acknowledgement:
This product includes software developed by MagniComp
(www.MagniComp.com) and its contributors.
* Redistributions in binary form must reproduce this copyright notice,
this list of conditions and the following disclaimer in the
documentation and/or other materials provided with the distribution.
* Neither name of MagniComp nor the names of its contributors may be used
to endorse or promote products derived from this software without
specific prior written permission.
TITLE.
Title, ownership rights, and intellectual property rights in the Software
shall remain in MagniComp and/or its suppliers. The Software is protected by
copyright and other intellectual property laws and by international
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.
TERMINATION.
The license will terminate automatically if you fail to comply with the
limitations described herein. Upon termination of this license, you agree to
destroy all copies of the Software.
DISCLAIMER OF WARRANTY.
The 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 MagniComp or its suppliers assume the entire cost of
any service and repair. In addition, the security mechanisms implemented by
MagniComp 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 BY JURISDICTION.
LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR
OTHERWISE, SHALL MAGNICOMP 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 MAGNICOMP BE LIABLE FOR
ANY DAMAGES, EVEN IF MAGNICOMP 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").
MagniComp and its suppliers specifically disclaim any express or implied
warranty of fitness for High Risk Activities.
MISCELLANEOUS.
This Agreement represents the complete agreement concerning this license and
may 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. This Agreement shall be
governed by California law (except for conflict of law provisions). The
application the United Nations Convention of Contracts for the International
Sale of Goods is expressly excluded.
END
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