NOTICE (C) READ THIS BEFORE USING THIS SOFTWARE
YOUR USE OF THIS SOFTWARE PROGRAM INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. READ ALL THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT PRIOR TO USE. IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST CEASE USE OF THE SOFTWARE.
PLEASE NOTE THAT YOU MAY NOT USE, COPY, MODIFY OR TRANSFER THE PROGRAM OR DOCUMENTATION OR ANY COPY EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT.
LICENSE.
This software program and documentation are licensed, not sold, to you, and are initially licensed on a trial usage basis as set forth below. You have a nonexclusive and nontransferable right to use the enclosed program in accordance with the documentation. Except during the Trial Period as set forth below, (i) this program can only be used with a single computer processor located in the United States and its territories or any other country to which this software is legally exported, and (ii) you may physically transfer the program from one computer to another, provided that the program is used with only one processor at a time. This software is considered to be in use with a computer processor when it is loaded into the temporary memory (i.e. RAM) or installed into the permanent memory (e.g. hard drive) of that computer, provided that a copy installed on a network server for the sole purpose of distribution to other computers is not "in use." You may merge it into another program for your use with a single processor. You agree that the program and documentation belong to MASTERSYS. You agree to use your best efforts to prevent and protect the contents of the program and documentation from unauthorized disclosure or use. MASTERSYS reserves all rights not expressly granted to you.
TRIAL USAGE.
This software program is offered to you at no charge on a trial basis. The trial version provides every feature of the software program and will run until March 1997 (the "Trial Period"). Following the Trial Period, if you would like to continue to use this program, please contact MASTERSYS by telephone at (510) 484-8424, electronic email at master@mastersys.com or on the World Wide Web at http://misc-sun.mastersys.com. At that time, MASTERSYS will notify you of the applicable license fees for the program and additional license terms and conditions, if any.
During the Trial Period only, notwithstanding anything to the contrary set forth herein, you may reproduce for, and distribute the program and documentation to, third parties, whether over a computer network or otherwise. However, once you elect to license the program after the Trial Period, all applicable terms and conditions of this End-User License Agreement shall continue in full force and effect.
LIMITATIONS ON USE.
Other than during the Trial Period, you may not rent, lease or distribute copies of the program or documentation to others. You may not modify or translate the MUSKOX compiler or the documentation without the prior written consent of MASTERSYS. You may not reverse assemble, reverse compile or otherwise attempt to create the source code from the MUSKOX compiler. You shall not misappropriate MASTERSYS's name or any MASTERSYS trademark or service mark including MUSKOX. MASTERSYS encourages you to evaluate the performance and functionality of the program but requests that you notify MASTERSYS of such results prior to your release thereof to a third party.
BACKUP AND TRANSFER.
If you elect to license the program after the Trial Period, you may make one copy of the program for backup purposes, provided that you retain MASTERSYS' copyright notice thereon.
Other than during the Trial Period, you may not sublicense the program or assign, delegate or otherwise transfer this license or any of the related rights or obligations for any reason. Any attempt to make any such sublicense, assignment, delegation or other transfer by you shall be void.
COPYRIGHT.
The program and related documentation are copyrighted. Other than during the Trial Period for distribution with the program, you may not copy any documentation for other than internal use. Other than during the Trial Period as set forth above, you may not copy the program (or this license) except to provide a backup copy as set forth above and to load the program into the computer as part of executing the program. Other than during the Trial Period as set forth herein, any and all other copies of the program and any copy of the documentation made by you are in violation of this license.
OWNERSHIP.
You agree that you neither own nor hereby acquire any claim or right of ownership to the program and documentation or to any related patents, copyrights, trademarks or other intellectual property. You own only the magnetic or other physical media on which the program and related documentation are recorded or fixed, if any. MASTERSYS retains ownership of the documentation and all copies thereof and the program recorded on the original media and all subsequent copies of the program at all times, regardless of the form or media in or on which the original or other copies may subsequently exist. This license is not a sale of the original or any subsequent copy.
TERM AND TERMINATION.
This license is effective until terminated. You may terminate this license at any time by destroying the program and documentation and the permitted backup copy. This license automatically terminates following the Trial Period unless you elect to continue use of the program as set forth above or if you fail to comply with its terms and conditions. You agree that, upon termination other than during the Trial Period, you will destroy (or permanently erase) all copies of the program and documentation or return the original program and documentation to MASTERSYS together with any other material you have received from MASTERSYS in connection with the program.
LIMITED WARRANTY.
FOR THE TRIAL PERIOD, THE PROGRAM AND THE DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IF YOU ELECT TO LICENSE THE PROGRAM FROM MASTERSYS FOLLOWING THE TRIAL PERIOD, MASTERSYS WARRANTS THAT (A) THE MEDIA CONTAINING THE PROGRAM SHALL BE FREE FROM DEFECTS FOR A PERIOD OF 30 DAYS FROM THE DATE OF MASTERSYS' DELIVERY TO YOU (THE "WARRANTY PERIOD"), PROVIDED THAT THIS WARRANTY SHALL NOT COVER DEFECTS IN THE PROGRAM MEDIA DUE TO YOUR MISUSE OR AN ACCIDENT SUBSEQUENT TO SUCH DELIVERY BUT FURTHER PROVIDED THAT REPLACEMENT OF THE PROGRAM DUE TO SUCH MISUSE OR ACCIDENT SHALL BE PROVIDED AT MASTERSYS' REPLACEMENT COST, AND (B) FOR THE WARRANTY PERIOD, THE PROGRAM SHALL SUBSTANTIALLY CONFORM TO ITS FUNCTIONAL SPECIFICATIONS.
THE FOREGOING WARRANTIES ARE IN LIEU OF, AND THIS AGREEMENT EXPRESSLY EXCLUDES, ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, (A) ANY WARRANTY THAT THE PROGRAM IS ERROR-FREE, WILL OPERATE WITHOUT INTERRUPTION OR IS COMPATIBLE WITH ALL EQUIPMENT AND SOFTWARE CONFIGURATIONS AND (B) ANY AND ALL IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSES.
MASTERSYS' entire liability, and your exclusive remedy, for any breach of the foregoing warranties shall be for MASTERSYS, at is sole option, to repair or replace such defective or nonconforming media or program; if MASTERSYS is unable to repair or replace such media or program within 30 days, you may elect to terminate the license at which time MASTERSYS shall refund any and all license or other fees paid by you. You shall have no other remedy for breach of warranty.
Some states do not allow the exclusion of implied warranties so the above exclusion may not apply to you. This warranty gives you specific legal rights and you may also have other rights which vary from state to state.
LIMITATION OF REMEDIES.
IN NO EVENT WILL MASTERSYS BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES OR OTHER RELIEF ARISING OUT OF YOUR USE OR INABILITY TO USE THE PROGRAM INCLUDING, BY WAY OF ILLUSTRATION AND NOT LIMITATION, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF SUCH USE OR INABILITY TO USE THE PROGRAM, EVEN IF MASTERSYS OR AN AUTHORIZED MASTERSYS DEALER, DISTRIBUTOR OR SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you.
This license will be governed by the laws of the State of California as applied to transactions taking place wholly within California between California residents.
U.S. GOVERNMENT RESTRICTED RIGHTS LEGEND.
Use, duplication, reproduction or disclosure by the Government is subject to restrictions in subdivision (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at 252.227-7013 and in subparagraphs (a) through (d) of the Commercial Software - Restricted Rights Clause at 52.227-19.
YOUR USE OF THE SOFTWARE EVIDENCES THAT YOU HAVE READ THIS LICENSE, THAT YOU AGREE THAT YOU ARE BOUND BY ITS TERMS AND THAT IT IS THE ONLY AGREEMENT BETWEEN US REGARDING THE PROGRAM AND DOCUMENTATION.
