The application, demonstration, system and other software accompanying this License, whether on disk, in read only memory, or by any other media (the "Software"), the related documentation are licensed to you by OrcaWare. You own the media on which the Software is recorded but OrcaWare and/or OrcaWare's Licensor(s) retain title to the Software, related documentation. This License allows you to use the Software on a single Macintosh Product (which, for the purposes of this License, shall mean a product bearing Apple's Macintosh logo), and make one copy of the Software in machine-readable form for backup purposes only. You must reproduce on such copy OrcaWare's copyright notice and any other proprietary legends that were on the original copy of the Software. You may also 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 and in order to protect them you may not decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form. You may not modify, network, rent, lease, 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 and related documentation. This License will terminate immediately without notice from OrcaWare if you fail to comply with any provision of this License. Upon termination you must destroy the Software, related documentation.
4. Export Law Assurances.
You agree and certify that neither the Software nor any other technical data received from OrcaWare, 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 re-export the Software nor any other technical data received from OrcaWare, 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, 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 the DoD, the Government's rights in the Software, 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. Disclaimer of Warranty on Software.
You expressly acknowledge and agree that use of the Software is at your sole risk. The Software, related documentation is provided "AS IS" and without warranty of any kind and OrcaWare and OrcaWare's Licensor(s) (for the purposes of provisions 6 and 7, OrcaWare and OrcaWare's Licensor(s) shall be collectively referred to as "OrcaWare") EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ORCAWARE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, ORCAWARE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ORCAWARE OR AN AUTHORIZED REPRESENTATIVE OF ORCAWARE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT ORCAWARE OR AN AUTHORIZED REPRESENTATIVE OF ORCAWARE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION IF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
7. Limitation of liability.
UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL ORCAWARE BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF ORCAWARE OR AN AUTHORIZED REPRESENTATIVE OF ORCAWARE 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 OrcaWare'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. Controlling Law and Severability.
This License shall be governed by and construed in accordance with the laws of the United States and the State of Washington, as applied to agreements entered into and to be performed entirely within Washington between Washington residents. If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License shall continue in full force and effect.
9. Complete Agreement.
This License constitutes the entire agreement between the parties with respect to the use of the Software, related documentation, and supersedes all prior or conterporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative of OrcaWare.
