SOFTWARE PRODUCT LICENSE AGREEMENT
This License Agreement (the "Agreement") is a legal agreement between you (an
individual or an entity) and Visualware Inc. for some or all of the software
products identified below (each, a SOFTWARE PRODUCT), which includes computer
software and electronic documentation. You should carefully read the following
terms and conditions before using the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is licensed, not sold. The SOFTWARE PRODUCT is protected
by copyright laws and international copyright treaties, as well as other
intellectual property laws and treaties. By installing, copying, or otherwise
using the SOFTWARE PRODUCT, you are agreeing to be bound by the terms of this
Agreement. If you do not agree to all of the terms of this Agreement, you are
not authorized to use the SOFTWARE PRODUCT.
1. GRANT OF LICENSE. Visualware grants you the non-exclusive right to install
and use the licensed SOFTWARE PRODUCT identified in this paragraph, as follows:
- MySpeed SVR Xpress: Available free of charge, limit of one license per any one individual or organization.
2. RESTRICTIONS. (A) You must comply with all applicable laws regarding the use
of the SOFTWARE PRODUCT. (B) You may not reverse engineer, decompile, or
disassemble the SOFTWARE PRODUCT. (C) You may not rent or lease the SOFTWARE
PRODUCT. (D) You may not exceed the scope of your
licensed SOFTWARE PRODUCT. (E) You may not use the private programming
3. TERMINATION. Visualware may terminate this Agreement and disable the
SOFTWARE PRODUCT for any length of time, including in perpetuity, without prior
notice if you fail to comply, or Visualware has reasonable belief that you
failed to comply, with the terms and conditions of this Agreement. In such
event, you must destroy all copies of the SOFTWARE PRODUCT.
4. NO WARRANTY. Any use of the SOFTWARE PRODUCT is at your own risk. To the
maximum extent permitted by applicable law, Visualware and its owners,
employees, agents, associates, affiliates, and suppliers disclaim all
warranties and conditions, either express or implied, including, but not
limited to, implied warranties of merchantability, fitness for a particular
purpose, and noninfringement.
5. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by
applicable law, in no event shall Visualware or its owners, employees, agents,
associates, affiliates, or suppliers be liable for any special, incidental,
indirect, or consequential damages whatsoever (including, without limitation,
damages for loss of business profits, business interruption, loss of business
information, or any other pecuniary loss) arising out of the use of or
inability to use the SOFTWARE PRODUCT (whether due to license termination or
any other reason), even if Visualware has been advised of the possibility of
such damages.
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