\pard\tx520\tx1060\tx1600\tx2120\tx2660\tx3200\tx3720\tx4260\tx4800\tx5320\f0\b\i0\ulnone\fs32\fc1\cf1 Athena Design, Inc. Software License Agreement\
\fs24 No Warranty for Demonstration Mode
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\b MESA is provided for use in the demonstration mode without any warranty whatsoever, and under no circumstances shall Athena have any liability to any person result from the use or failure of MESA in demonstration mode.\
\b0 \
\b Grant of License\
\b0 \
The Mesa software program ("MESA") is property of Athena Design, Inc., a Massachusetts
Any person who agrees to this license may use MESA in the demonstration mode and may make copies of MESA in binary form, without payment of any license fees to Athena.\
Copies of MESA may be given to others and used by them if they agree to this license.\
If you are the registered owner of a License Number and
\pard\tx520\tx1060\tx1600\tx2120\tx2660\tx3200\tx3720\tx4260\tx4800\tx5320\fc1\cf1 to another person who will become the registered owner (and will be entitled to use MESA in its full feature mode) when Athena receives a Registration Transfer Form, properly completed and signed by both the transferor and the transferee
\pard\tx520\tx1060\tx1600\tx2120\tx2660\tx3200\tx3720\tx4260\tx4800\tx5320\fc1\cf1 Furthermore, you agree that when you transfer your License Number and
\pard\tx520\tx1060\tx1600\tx2120\tx2660\tx3200\tx3720\tx4260\tx4800\tx5320\fc1\cf1 from all the computers on which you have used MESA, and will no long use MESA in its full feature mode. You understand the the License Number and Enabling Code are valuable and you agree to take all reasonable precautions to protect them as you would other confidential information.\
You understand that the issuance of License Number and
\pard\tx520\tx1060\tx1600\tx2120\tx2660\tx3200\tx3720\tx4260\tx4800\tx5320\fc1\cf1 s is the method by which Athena controls the right to use MESA in its full feature mode, and is compensated for its work in developing MESA. You further understand that disclosure of your License Number and
\pard\tx520\tx1060\tx1600\tx2120\tx2660\tx3200\tx3720\tx4260\tx4800\tx5320\fc1\cf1 s in violation of this agreement might enable unauthorized persons to use MESA in its full feature mode, without any compensation to Athena. You agree that if you disclose your License Number and
\pard\tx520\tx1060\tx1600\tx2120\tx2660\tx3200\tx3720\tx4260\tx4800\tx5320\fc1\cf1 or commission, in violation of this agreement, you will pay Athena, as liquidated damages, an amount equal to $695 for each person who is found to have used your License Number and
\pard\tx520\tx1060\tx1600\tx2120\tx2660\tx3200\tx3720\tx4260\tx4800\tx5320\fc1\cf1 (i.e., not only the person to whom you disclosed them, but also anyone to whom your License Number and
\pard\tx520\tx1060\tx1600\tx2120\tx2660\tx3200\tx3720\tx4260\tx4800\tx5320\fc1\cf1 were passed along), plus all investigative fees and expenses incurred by Athena in determining the extent of unauthorized use and all
\pard\tx520\tx1060\tx1600\tx2120\tx2660\tx3200\tx3720\tx4260\tx4800\tx5320\fc1\cf1 fees incurred by Athena in enforcing its rights. You understand that all disputes regarding this license agreement will be resolved in The Commonwealth of Massachusetts and you agree to submit to the jurisdiction of all courts in The Commonwealth of Massachusetts.\
\pard\tx520\tx1060\tx1600\tx2120\tx2660\tx3200\tx3720\tx4260\tx4800\tx5320\fc1\cf1 or other organization may be used by one, and only one, authorized user at a time. The
\pard\tx520\tx1060\tx1600\tx2120\tx2660\tx3200\tx3720\tx4260\tx4800\tx5320\fc1\cf1 or other organization may change its authorized user from time to time, but is responsible for assuring that the License Number and Enabling Code are no longer used by its previous authorized user(s). Disclosure of the License Number and Enabling Code within an organization is
\pard\tx520\tx1060\tx1600\tx2120\tx2660\tx3200\tx3720\tx4260\tx4800\tx5320\fc1\cf1 prohibited unless adequate precautions are taken to assure that no more than one person will use the License Number and Enabling Code at a time. Accordingly, use of a License Number and Enabling Code by more than one person within an organization will result in the liability as described in the preceding paragraph.\
\pard\tx520\tx1060\tx1600\tx2120\tx2660\tx3200\tx3720\tx4260\tx4800\tx5320\fc1\cf1 by Athena and is protected by United States copyright laws and international treaty provisions. Therefore, you must treat MESA like any other copyrighted material, except that you may copy MESA as described above.\
\b Other Restrictions
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You may not reverse engineer, decompile, or disassemble MESA. You may not
\pard\tx960\tx1920\tx2880\tx3840\tx4800\tx5760\tx6720\tx7680\tx8640\tx9600\fc1\cf1 include
\pard\tx520\tx1060\tx1600\tx2120\tx2660\tx3200\tx3720\tx4260\tx4800\tx5320\fc1\cf1 MESA, or any portion thereof, or the unique "look and feel" of MESA, in any other program.\
\b Limited Warranty to Registered Owners for Use in Full Feature Mode
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Athena warrants to each purchaser of a License Number and
\pard\tx520\tx1060\tx1600\tx2120\tx2660\tx3200\tx3720\tx4260\tx4800\tx5320\fc1\cf1 that MESA in full feature mode will perform substantially in accordance with the User's Guide for a period of ninety (90) days from the issuance of the License Number and Enabling Code.\
The entire liability of Athena and the exclusive remedy relating to the use or failure of MESA in full feature mode shall be, at the option of Athena either (a) return of the price paid be the registered owner for the License Number and Enabling Code, or (b) the replacement of MESA that does not violate the Limited Warranty described above.This Limited Warranty is void if failure of MESA has resulted from accident, abuse, or misapplication. Any replacement software
\pard\tx520\tx1060\tx1600\tx2120\tx2660\tx3200\tx3720\tx4260\tx4800\tx5320\fc1\cf1 to a registered owner will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. These remedies are not available outside of the United States of America. This limited warranty gives you specific legal rights. You may have others, which vary from state to state.\
\b No Other Warranties
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\b Athena disclaims all other warranties, either express or implied, including but not limited to implied warranties of merchantability and
\pard\tx520\tx1060\tx1600\tx2120\tx2660\tx3200\tx3720\tx4260\tx4800\tx5320\fc1\cf1 for a particular purpose, with respect to MESA and accompanying documentation and example worksheets.
\b0 Any implied warranties on MESA that by law cannot be excluded are limited to ninety (90) days. Some states do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. \
\b No Liability for Consequential Damages
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\b In no event shall Athena be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business
\pard\tx520\tx1060\tx1600\tx2120\tx2660\tx3200\tx3720\tx4260\tx4800\tx5320\fc1\cf1 , loss of business information, or other pecuniary loss) arising out of the use of or inability to use MESA
\b0 , even if Athena has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability for
\pard\tx520\tx1060\tx1600\tx2120\tx2660\tx3200\tx3720\tx4260\tx4800\tx5320\fc1\cf1 or incidental damages, the above limitation may not apply to you.\
\b U.S. Government Restricted Rights
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MESA and documentation are provided with
\b Restricted Rights
\b0 . Use, duplication, or disclosure by the Government is subject to restrictions set forth is subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software -Restricted Rights at 48 CFR 52.227-19, as applicable. Contractor/manufacturer is Athena Design, Inc., 17 Saint Mary's Court, Brookline, MA 02146.\
This Agreement is governed by the laws of the Commonwealth of Massachusetts.\
Should you have any questions concerning this Agreement, or if you desire to contact Athena for any reason, please write: Athena Design, Inc., 17 Saint Mary's Court, Brookline, MA 02146.\
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