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- ELECTRIC ARC LLC ("Electric Arc") IS WILLING TO LICENSE
- THE SOFTWARE PROGRAM KNOWN AS "TELEFFECT" (the
- "Software") TO YOU ONLY UPON THE CONDITION THAT
- YOU ACCEPT ALL OF THE LICENSE TERMS ("License Terms")
- CONTAINED IN THIS LICENSE AGREEMENT ("Agreement").
- INSTALLING OR OTHERWISE USING THE SOFTWARE
- INDICATES YOUR ACCEPTANCE OF THE LICENSE TERMS.
- READ THE LICENSE TERMS CAREFULLY. IF YOU DO NOT
- AGREE TO BE BOUND BY THE TERMS OF THIS
- AGREEMENT, DO NOT INSTALL THE SOFTWARE ON YOUR
- SYSTEM, AND DESTROY THIS COPY OF THE SOFTWARE,
- AND CONTACT YOUR VENDOR.
-
- Applicability. The terms of this Agreement govern your
- use of the Software, unless you received the Software
- from an authorized third-party vendor that provided you
- with a separate end-user license agreement governing
- the use of the Software. In such case, the terms of
- that end-user license agreement govern your use of the
- Software.
-
- License Grant. You may use one (1) copy of the
- Software as a Master for each unexpired license of the
- Software that you have purchased. You may use an
- unlimited number of copies of the Software as Slaves.
- Use as a "Master" means storing, loading, installing,
- executing, or displaying a copy of the Software
- configured as a Master as that term is defined in the
- User's Guide. Use as a "Slave" means storing, loading,
- installing, executing, or displaying a copy of the
- Software configured as a Slave as that term is defined
- in the User's Guide. The User's Guide is installed
- with the Software and available on the Electric Arc Web
- site at: http://www.electricarc.com
-
- Ownership. The Software is owned and copyrighted by
- Electric Arc. Your license confers no title to, or
- ownership in, the Software and is not a sale of any
- rights in the Software.
-
- Disclaimer of Warranty. ELECTRIC ARC EXPRESSLY
- DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND,
- EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF
- MERCHANTABILITY, FITNESS FOR A PARTICULAR
- PURPOSE, AND NON-INFRINGEMENT. ELECTRIC ARC
- DOES NOT WARRANT THAT THE SOFTWARE WILL BE
- ERROR-FREE OR OPERATE WITHOUT INTERRUPTION.
- UNDER NO CIRCUMSTANCE SHALL ELECTRIC ARC BE
- LIABLE FOR ANY INCIDENTAL, SPECIAL, OR
- CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING,
- BUT NOT LIMITED TO, LOST PROFITS OR LOSS OF
- BUSINESS, FOR BREACH OF WARRANTY, EVEN IF
- ELECTRIC ARC HAS BEEN ADVISED ABOUT THE
- POSSIBILITY OF SUCH DAMAGE.
-
- Copies. You may copy the Software for archival
- purposes or when copying is an essential step in the
- authorized use of the Software as a Master or Slave.
-
- No Reverse Engineering. You may not reverse engineer,
- decompile, or disassemble the Software.
-
- Transfer. Your license will automatically terminate
- upon any transfer of the software. Upon transfer, you
- must deliver the Software and all copies of the
- Software and related documenation to the transferee.
- The transferee must accept these License Terms as a
- condition of the transfer.
-
- Termination. Your license will automatically terminate
- upon your failure to comply with any of the License
- Terms. Upon termination, you must immediately destroy
- the Software, together with all copies and related
- documenation.
-
- Export Requirements. You may not export or re-export
- the Software or any copy of the Software in violation
- of any applicable laws or regulations.
-
- U.S. Government Restricted Rights. The Software and
- related documentation have been developed entirely at
- private expense. If you are a purchasing the Software
- for use by a U.S. Government agency or for use by a
- contractor operating under a U.S. Government contract,
- in accordance with FAR 12.212 you acknowledge that your
- use and duplication the Software are governed by, and
- subject to, this Agreement. If for any reason, FAR
- 12.212 is not applicable, you acknowledge that use and
- duplication of the Software are subject to the
- Commercial Computer Software Restricted Rights clause,
- FAR 52.227-19. You have only those rights provided for
- the Software and related documentation by the
- applicable FAR or agency FAR supplement clause or this
- Agreement.
-
- Miscellaneous. This Agreement is governed by the laws
- of the State of California, excluding its choice of law
- provisions. Venue is proper in the County of Santa
- Clara, California. This Agreement is the entire
- agreement between you and Electric Arc; any
- modification of this Agreement must be in writing
- signed by you and an authorized representative of
- Electric Arc. If Electric Arc fails to enforce any
- provision of this Agreement, or any right in respect
- thereto, such failure shall not be a waiver of such
- right. If any part of this Agreement is found to be
- invalid or unenforceable, that part shall be enforced
- to the maximum extent permitted by law, and the
- remainder of this Agreement shall remain intact and in
- full force. All headings of the sections and
- paragraphs of this Agreement are for reference purposes
- only and do not form a part hereof.
-
- Copyright 1998, Electric Arc LLC
-