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