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- ACLYPSE HYPERCYCLE SOFTWARE LICENSE AGREEMENT
-
- This Software License Agreement (the "Agreement") is a legal
- agreement between you, the software user, and Aclypse Corporation for use
- of this Software ("HYPERCYCLES" and all related components). By continuing
- the installation, copying, or execution of this software on your computer
- system(s), you are agreeing to be bound by the terms of this Agreement.
-
- 1. Grant of License. Aclypse Corporation grants to you the right
- to use this software, which is the shareware version of the "HYPERCYCLES"
- software. For purposes of this section, "use" means loading the Software
- onto and/or execution of this software on a computer system.
-
- You can not sell, rent, lease, distribute for money, alter, translate,
- disassemble, reverse engineer, or create derivative works based upon this
- Software. You agree that the Software will not be shipped, transferred or
- exported into any country in violation of the U.S. Export Administration Act
- (or any other law governing such matters). and that you will not utilize, in
- any other manner, the Software in violation of any applicable law.
-
- 2. All Commercial Use is Prohibited. You can not under any circumstances
- be permitted to commercially exploit the Software.
-
- You prohibited and can not sell, rent, lease, pay-per-play, charge for
- distribution, or in any manner commercially exploit the Software for any
- commercial purpose.
-
- Aclypse Corporation reserves all rights.
-
- Any individual, company, or entity which wishes for commercial, MUST
- contact and receive expressed written permission for distribution for
- money, or other considerations.
-
- 3. Electronic Distribution is Permitted. Aclypse Corporation grants to
- you the right to distribute, royalty free and by electronic means only, the
- Software; provided, however the Software is in original form.
-
- 4. Copyrights and Trademarks of this Software are owned by Aclypse
- Corporation. This Software is protected by United States copyright laws and
- international treaty provisions. You must treat the Software like any other
- copyrighted material, except that you may make copies of the Software to give
- to other persons. You may not charge or receive any consideration from any
- other person for the receipt or use of the Software without receiving
- prior written consent from Aclypse Corporation as specified in the VENDOR.TXT
- file. You agree to use your best efforts to see that any user of this
- Software licensed hereunder complies with this Agreement.
-
- 5. ACLYPSE CORPORATION DISCLAIMS ALL OTHER WARRANTIES, EITHER
- EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
- MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE
- SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS, IF ANY. THIS LIMITED
- WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY
- FROM JURISDICTION TO JURISDICTION.
-
- IN ANY CASE, ACLYPSE CORPORATION SHALL NOT BE LIABLE FOR LOSS OF DATA,
- LOSS OF PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT
- OR OTHER SIMILAR DAMAGES ARISING FROM BREACH OF WARRANTY, NEGLIGENCE, OR OTHER
- LEGAL THEORY EVEN IF ACLYPSE CORPORATION OR ITS AGENT HAS BEEN ADVISED
- OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
- Some jurisdictions do not allow the exclusion or limitation of incidental
- or consequential damages, so the above limitation or exclusion may not apply
- to you.
-
- 8. General Provisions. Neither this Agreement nor any part or portion
- hereof shall be assigned or sublicensed, except as described herein. Should
- any provision of this Agreement be held to be void, invalid, unenforceable or
- illegal by a court, the validity and enforceability of the other provisions
- shall not be affected thereby. If any provision is determined to be
- unenforceable, you agree to a modification of such provision to provide for
- enforcement of the provision's intent, to the extent permitted by applicable
- law. Failure of a party to enforce any provision of this Agreement shall not
- constitute or be construed as a waiver of such provision or of the right to
- enforce such provision.
-
- If you fail to comply with any terms of this Agreement, your license is
- automatically terminated.
-
- YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, YOU UNDERSTAND
- THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION OF THE
- SOFTWARE, BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING OR COPYING THE
- SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, YOU AGREE TO BE BOUND BY THIS
- AGREEMENT'S TERMS AND CONDITIONS. YOU FURTHER AGREE THAT, EXCEPT FOR
- WRITTEN SEPARATE AGREEMENTS BETWEEN ACLYPSE CORPORATION AND YOU, THIS
- AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND
- LIABILITIES OF THE PARTIES. THIS AGREEMENT SUPERSEDES ALL PRIOR ORAL
- AGREEMENTS, PROPOSALS OR UNDERSTANDINGS, AND ANY OTHER COMMUNICATIONS
- FROM ACLYPSE CORPORATION.
-