AXENE END USER SOFTWARE LICENSE AGREEMENT
REDISTRIBUTION NOT PERMITTED WITHOUT PERMISSION FROM AXENE
http://www.axene.com/
ftp://ftp.axene.com
axene@axene.com
BY INSTALLING THIS SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CANCEL
THE INSTALLATION PROCESS.
Axene grants you a non-exclusive license to use the Software free
of charge.
You are
not entitled to hard-copy documentation, support or telephone assistance.
If you fit within the description above, you may use the Software in the
manner described in Part III below under "Scope of Grant."
DISCLAIMER OF WARRANTY
This Software is provided "AS IS", without warranty
of any kind, including without limitation the warranties of merchantability,
fitness for a particular purpose and noninfringement.
In no event shall Axene be liable for any claim, damages or other liability,
whether in an action of contract, tort or otherwise, arising from, out of or
in connection with the Software or the use or other dealings in the Software.
Should the Software prove defective, you and not Axene assume the entire
cost of any service and repair. In addition, the security mechanisms
implemented by Axene 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.
SCOPE OF GRANT
You may:
- use the Software;
- copy the Software for archival purposes, provided any copy
must contain all of the original Software's proprietary notices.
You may not:
- modify, translate, reverse engineer, decompile, disassemble
(except to the extent applicable laws specifically prohibit such
restriction), or create derivative works based on the Software;
- copy the Software other than as specified above;
- rent, lease, grant a security interest in, or otherwise transfer
rights to the Software; or
- remove any proprietary notices or labels on the Software.
TITLE
Title, ownership rights, and intellectual property rights in the
Software shall remain in Axene and/or its suppliers. The Software
is protected by the copyright laws and 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. On termination, you must destroy
all copies of the Software and Documentation.
EXPORT CONTROLS
None of the Software or underlying information or technology may be
downloaded or otherwise exported or reexported:
- into (or to a national or resident of) any country to which the U.S. has
embargoed goods.
- to anyone on the U.S. Treasury Department's list of Specially Designated
Nationals or the U.S. Commerce Department's Table of Denial Orders. By downloading
or using the Software, you are agreeing to the foregoing and you are representing
and warranting that you are not located in, under the control of, or a national or
resident of any such country or on any such list.
MISCELLANEOUS
This Agreement represents
the complete agreement concerning this license and may amended only by
a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE
ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO
THE TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER. 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 New Jersey law
(except for conflict of law provisions). The application the United
Nations Convention of Contracts for the International Sale of Goods is
expressly excluded.
U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication or disclosure by
the Government is subject to restrictions set forth in subparagraphs
(a) through (d) of the Commercial Computer-Restricted Rights clause at
FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the
Rights in Technical Data and Computer Software clause at DFARS
252.227-7013, or at 252.211-7015, or to Axene's standard commercial
license, as applicable, and in similar clauses in the NASA FAR
Supplement. Contractor/manufacturer is Axene Corporation,
30 Montgomery Street, Suite 604, Jersey City, NJ 07302-3821, USA.
