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MagniComp - End User License Agreement
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www.MagniComp.com
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RDist Version 6.1
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Version of This Document: 19990724
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GRANT.
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MagniComp grants you a non-exclusive license to use RDist version 6.1 and
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all subsequent versions called 6.1.X software (the "Software") free of
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charge.
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This license does not entitle you to hard-copy documentation, support or
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telephone assistance. MagniComp reserves the right at any time to alter
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prices, features, specifications, capabilities, functions, licensing terms,
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general availability of the Software.
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SCOPE OF GRANT.
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You may:
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* use the Software in any way you wish on any computer regardless of
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ownership of said computer;
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* redistribute the Software in any form, including source and binary, to
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any party with or without charging a fee;
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* copy the Software for any purpose.
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You may not:
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* remove or alter this notice;
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* remove or alter any proprietary notices or labels on the Software.
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REQUIREMENTS.
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* All advertising materials mentioning features or use of this software
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must display the following acknowledgement:
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This product includes software developed by MagniComp
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(www.MagniComp.com) and its contributors.
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* Redistributions in binary form must reproduce this copyright notice,
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this list of conditions and the following disclaimer in the
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documentation and/or other materials provided with the distribution.
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* Neither name of MagniComp nor the names of its contributors may be used
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to endorse or promote products derived from this software without
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specific prior written permission.
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TITLE.
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Title, ownership rights, and intellectual property rights in the Software
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shall remain in MagniComp and/or its suppliers. The Software is protected by
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copyright and other intellectual property laws and by international
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treaties. Title and related rights in the content accessed through the
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Software is the property of the applicable content owner and may be
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protected by applicable law. This license gives you no rights to such
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content.
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TERMINATION.
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The license will terminate automatically if you fail to comply with the
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limitations described herein. Upon termination of this license, you agree to
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destroy all copies of the Software.
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DISCLAIMER OF WARRANTY.
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The Software is provided on an "AS IS" basis, without warranty of any kind,
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including without limitation the warranties of merchantability, fitness for
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a particular purpose and non-infringement. The entire risk as to the quality
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and performance of the Software is borne by you. Should the Software prove
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defective, you and not MagniComp or its suppliers assume the entire cost of
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any service and repair. In addition, the security mechanisms implemented by
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MagniComp software have inherent limitations, and you must determine that
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the Software sufficiently meets your requirements. This disclaimer of
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warranty constitutes an essential part of the agreement. SOME JURISDICTIONS
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DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT
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APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.
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LIMITATION OF LIABILITY.
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UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR
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OTHERWISE, SHALL MAGNICOMP OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR
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ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
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DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
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GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL
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OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL MAGNICOMP BE LIABLE FOR
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ANY DAMAGES, EVEN IF MAGNICOMP SHALL HAVE BEEN INFORMED OF THE POSSIBILITY
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OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF
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LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE
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EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME
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JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
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CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO
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YOU.
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HIGH RISK ACTIVITIES.
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The Software is not fault-tolerant and is not designed, manufactured or
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intended for use or resale as on-line control equipment in hazardous
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environments requiring fail-safe performance, such as in the operation of
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nuclear facilities, aircraft navigation or communication systems, air
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traffic control, direct life support machines, or weapons systems, in which
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the failure of the Software could lead directly to death, personal injury,
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or severe physical or environmental damage ("High Risk Activities").
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MagniComp and its suppliers specifically disclaim any express or implied
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warranty of fitness for High Risk Activities.
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MISCELLANEOUS.
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This Agreement represents the complete agreement concerning this license and
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may amended only by a writing executed by both parties. If any provision of
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this Agreement is held to be unenforceable, such provision shall be reformed
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only to the extent necessary to make it enforceable. This Agreement shall be
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governed by California law (except for conflict of law provisions). The
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application the United Nations Convention of Contracts for the International
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Sale of Goods is expressly excluded.
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END
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