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- Evaluation Software License Agreement and Warranty Disclaimer
-
-
- THIS IS A LEGAL AGREEMENT BETWEEN YOU, THE END USER, AND
- FARALLON COMPUTING, INC. ("FARALLON"). CLICKING THE
- "ACCEPT" BUTTON OR USING THE ACCOMPANYING COMPUTER
- SOFTWARE (THE "SOFTWARE") INDICATES THAT YOU AGREE TO
- BE LEGALLY BOUND BY THIS AGREEMENT AND COMPLY WITH ITS
- TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE CLICK
- THE "DO NOT ACCEPT" BUTTON AND DO NOT USE THE SOFTWARE.
-
- * GRANT OF LICENSE. Farallon grants to you a non-exclusive, personal
- license to use the Software as provided in this License for evaluation and trial
- use purposes only. This Software will cease to function after a pre-determined
- time interval.
-
- * COPYRIGHT. The Software is owned by Farallon or its suppliers and is
- protected by United States copyright laws and international treaty provisions.
-
- * OTHER RESTRICTIONS. You may not attempt to defeat the "time-out"
- nature of the Software. You may not modify, reverse engineer, decompile,
- disassemble, or create derivative works from the Software or accompanying
- documentation (the "Documentation").
-
- * TERM. This License is effective until terminated. You may terminate
- the license at any time by returning the Software and all Documentation to
- Farallon and by removing the Software from the memory of the computer into
- which the Software has been transferred. This License may be terminated by
- Farallon immediately and without notice in the event that you fail to comply
- with any term or condition hereof. Upon any termination, you will return to
- Farallon, at your expense, the Software and Documentation and any copies
- whether or not the copying was authorized.
-
- * GOVERNMENT LICENSEE. The Software and Documentation are provided
- with Restricted Rights. Use, duplication, or disclosure by the U.S.
- Government is subject to restrictions as set forth in the Rights in Technical
- Data and Computer Software clause at DFARS 252.227-7013 and the Commercial
- Software-Restricted Rights Clause at 48 CFR 52.227-19. Manufacturer is
- Farallon Computing, Inc. 2470 Mariner Square Loop, Alameda, California 94501.
-
- * EXPORT LAW ASSURANCES. You agree that neither the Software nor any
- direct product thereof is being or will be acquired, shipped, transferred,
- or reexported, directly or indirectly, into any country prohibited by the
- United States Export Administration Act and the regulations thereunder or
- will be used for any purpose prohibited by the same.
-
- * SEVERABILITY. If for any reason, any provision or partial
- provision of this License is held invalid, such invalidity shall not
- affect the remainder of such provision or this License, and this License
- shall, to the full extent consistent with law, continue in full force and
- effect.
-
- * THIRD PARTY BENEFICIARIES. If any portion of the Software has been
- licensed to Farallon by a third party for redistribution, Licensee is
- hereby notified that such third party is an intended third party
- beneficiary of this License with full rights of enforcement.
-
- * GENERAL. The validity and performance of this License shall be
- governed by California law, except for that body of law dealing with
- conflict of laws and except as to copyrights, which are governed by
- United States laws and international treaties. This License constitutes
- the entire agreement between the parties concerning the subject matter
- hereof. Any waiver or amendment of any provision of this License shall
- be effective only if in writing and signed by you and an officer of
- Farallon. No distributor, dealer, or employee (other than an officer)
- of Farallon is authorized to change or amend any terms of this License.
- In the event of any conflict between the terms of this License and the
- terms of any license bound into any manual packaged with the Software,
- this License shall govern.
-
- * DISCLAIMER OF WARRANTY.
- THIS SOFTWARE IS PROVIDED GRATUITOUSLY BY FARALLON.
- ACCORDINGLY IT IS PROVIDED TO YOU "AS-IS" WITHOUT EXPRESS
- OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING WARRANTIES
- OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR
- NONINFRINGEMENT. FARALLON DOES NOT REPRESENT OR WARRANT
- THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT
- OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR
- ERROR-FREE.
-
- * LIMITATION OF REMEDIES.
- BECAUSE THIS SOFTWARE IS PROVIDED TO YOU GRATUITOUSLY,
- IN NO EVENT WILL FARALLON, ITS LICENSOR(S) AND THE
- DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS OF ANY OF THEM
- BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND UNDER ANY
- THEORY OF LIABILITY SUFFERED BY YOU OR ANYONE ELSE
- ARISING OUT THE USE OR INABILITY TO USE THE SOFTWARE
- EVEN IF FARALLON OR ITS LICENSOR(S) HAVE BEEN ADVISED
- OF THE POSSIBILITY OF SUCH DAMAGES. FARALLON WILL NOT
- SUPPORT THIS SOFTWARE AND WILL NOT ISSUE UPDATES TO
- THIS SOFTWARE.
-
- V.595
-