PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE. BY INSTALLING THIS SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BECOME BOUND BY ITS TERMS AND CONDITIONS.
SOFTWARE LICENSE
The Calypso software and accompanying documentation you have acquired and any updates you may receive (collectively "Software") are protected by the copyright laws of the United States and international copyright treaties. Your possession, purchase, use or trial use (evaluation) of the Software transfers no title to the Software itself. Your use of the Software must be made in accordance with the terms of this license agreement. Micro Computer Systems, Inc. ("MCS") reserves all rights not specifically granted herein.
The Software, when activated by a code, is capable of operating under a permanent license or a temporary license for evaluation. The type of license that applies depends on the following definitions.
"Activation Code" means a code issued by MCS which controls the operation of the Software.
"Calypso" means the Software and Activation Code which operate with all of the Software features enabled. The activation code for Calypso may be permanent or it may be temporary for evaluation. If you are evaluating Calypso, the Activation Code contains an expiration date on which Calypso will convert to Calypso Lite.
"Calypso Lite" means the Software and Activation Code which operate with some of the Software features disabled.
License. MCS grants you a non-exclusive right to use the Software on a single computer at a time. MCS grants you a non-exclusive right to (i) copy the Software (including all copyright, trademark and proprietary rights notices thereon) for backup purposes only and such copies shall constitute "Software" under this License; and (ii) transfer the Software, including a copy of this License, to another person who agrees to become bound by the terms and conditions of this License and notifies MCS in writing of the transfer, in which event all of your rights hereunder shall end.
Multiple Calypso Licenses. In the event you have purchased a Calypso multiple license package, you may make multiple copies of the Software limited to the number of licenses purchased; provided, however, that such copies shall be subject to the license granted herein on a one copy to one license basis.
Distribution of Evaluation Copies. Notwithstanding the foregoing, MCS grants you a non-exclusive right to make and freely distribute copies of the Calypso evaluation installation file provided you do not receive any direct payment for such distribution, any such copies are of the complete and unmodified Calypso evaluation installation file, and any such copies are not bundled in a distribution of any other software.
GENERAL TERMS
Term. This license will become effective on the date you accept its terms and conditions during installation of the Software and will remain in force until terminated. You may terminate this License at any time by discontinuing all use of and destroying the Software together with all copies and adaptations. This License shall also automatically terminate upon expiration of your trial Activation Code or if you breach any of the terms and conditions of this License. You agree to destroy the original and all copies or adaptations of the Software, or to return them to MCS upon termination of this License.
Export. You hereby acknowledge and agree that the Software is subject to restrictions and controls imposed by the United States Export Administration Act (the "Act") and the regulations thereunder. Further, you agree that neither the Software nor any direct product thereof is being or will be acquired, shipped, transferred (including, but not limited to, electronic transmission), exported, or reexported, directly or indirectly, into any country, to any end-user, or for any end-use prohibited by the Act and the regulations thereunder.
Entire License. This License sets forth the entire understanding and License between you and MCS and may be amended only in a writing signed by both parties. NO VENDOR, DISTRIBUTOR, DEALER, RETAILER, SALES PERSON OR OTHER PERSON IS AUTHORIZED TO MODIFY THIS LICENSE OR TO MAKE ANY WARRANTY, REPRESENTATION OR PROMISE WHICH IS DIFFERENT THAN, OR IN ADDITION TO, THE WARRANTY, REPRESENTATIONS OR PROMISES OF THIS LICENSE.
Waiver. No waiver of any right under this License shall be effective unless in writing, signed by a duly authorized representative of the party to be bound. No waiver of any past or present right arising from any breach or failure to perform shall be deemed to be a waiver of any future right arising under this License.
Severability. If any provision in this License is invalid or unenforceable, that provision shall be construed, limited, modified or, if necessary, severed, to the extent necessary, to eliminate its invalidity or unenforceability, and the other provisions of this License shall remain unaffected.
Governing Law. Except as otherwise restricted by law, this License shall be governed by the laws of the State of Texas of the United States of America, without regard to laws of Texas governing conflicts of law. Furthermore, it is understood that this License shall be treated as though it were executed in Dallas County of the State of Texas. The parties agree that any action relating to this License shall be instituted and prosecuted in the courts of competent jurisdiction of the State of Texas.
U.S. Government Restricted Rights. Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in FAR section 52.227-14 Alternate III(g)(3), FAR section 52.227-19, or DFARS section 52.227-7013(c)(1)(ii), as applicable. Contractor is Micro Computer Systems, Inc., 2300 Valley View Lane, Suite 800, Irving, Texas 75062.
LIMITED WARRANTY
Media. MCS warrants the physical media of the Calypso software (referred to in this limited warranty as the "Software") against physical defects for a period of 90 days from installation or purchase, whichever is later. Your sole remedy for defective media is replacement. MCS does not warrant the integrity of Software received by electronic transmission.
Software. Except as provided in this Limited Warranty, MCS warrants that if the Software fails to conform substantially to the specifications in the documentation accompanying the Software and if the nonconformity is reported to MCS within 90 days from the date the Software is purchased, MCS will either remedy the nonconformity or offer to refund any license fees paid by you upon return of all copies of the Software to MCS. The Software is not designed, manufactured or intended for use or resale for online control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or aircraft communication systems, air traffic control, direct life support machines, or weapons systems, in which failure of the Software could lead to death, personal injury, or severe physical or environmental damage. The Software is compatible with certain computers and operating systems. Contact MCS Support or your Dealer for information about compatibility.
Disclaimer. EXCEPT AS OTHERWISE RESTRICTED BY LAW, MCS MAKES NO WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. MCS DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE OR FITNESS FOR A PARTICULAR PURPOSE. MCS DOES NOT WARRANT THAT THE SOFTWARE OR ASSOCIATED DOCUMENTATION WILL SATISFY YOUR REQUIREMENTS OR THAT THE SOFTWARE AND DOCUMENTATION ARE WITHOUT DEFECT OR ERROR OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. This warranty gives you specific legal rights which vary from state to state.
Limitation of Liability. EXCEPT AS OTHERWISE RESTRICTED BY LAW, MCS'S AGGREGATE LIABILITY ARISING FROM OR RELATED TO YOUR USE OF THE SOFTWARE, ASSOCIATED DOCUMENTATION OR ANY SERVICES PROVIDED BY MCS AND/OR ITS AGENTS IS LIMITED TO THE TOTAL OF ALL PAYMENTS MADE BY YOU FOR THE SOFTWARE AND DOCUMENTATION. NEITHER MCS NOR ANY OF ITS LICENSORS, EMPLOYEES, OR AGENTS SHALL IN ANY CASE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. NEITHER MCS NOR ANY OF ITS LICENSORS, EMPLOYEES, OR AGENTS IS RESPONSIBLE FOR LOST PROFITS OR REVENUE, LOSS OF USE OF SOFTWARE, LOSS OF DATA, COSTS OF RE-CREATING LOST DATA, OR THE COST OF ANY SUBSTITUTE EQUIPMENT OR PROGRAM. 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.
