AGENTBUILDER® PRO 1.4 LICENSE AGREEMENT BEFORE YOU
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1. AGENTBUILDER PRO 1 4 LICENSE AGREEMENT BEFORE YOU INSTALL OR USE THE AGENTBUILDER SOFTWARE YOU SHOULD CAREFULLY READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT BY INSTALLING THIS SOFTWARE YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS LICENSE AGREEMENT IF YOU FIND ANY OF THE TERMS OF THIS LICENSE AGREEMENT OBJECTIONABLE PLEASE CONTACT ACRONYMICS SYSTEMS INC TO NEGOTIATE THEM IF YOU AND ACRONYMICS ARE UNABLE TO NEGOTIATE A MUTUALLY SATISFACTORY RESOLUTION OF YOUR OBJECTIONS YOUR PLACE OF PURCHASE WILL REFUND YOUR LICENSE PRICE WHEN YOU RETURN THE SOFTWARE AND YOUR SALES RECEIPT AND DOCUMENTATION WITHIN FIVE 5 DAYS OF PURCHASE DEFINITIONS The following definitions apply to the terms as they appear in this agreement e Acronymics means Acronymics Inc Software means the specified version of the computer program identified above and all updates to the computer program e g 1 0 to 1 01 or 1 0 to 1 1 The term also includes all copies of any part of the computer program e Documentation means the user s manual s and other printed materials accompanying the software e Product means the Software and Documentation e License means this Acronymics License Agreement e Use means loading the Software into RAM or installing it on a hard disk or other storage device COPYRIGHT PROPRIETARY PROTECTION The Product is owned by Acronymics or its suppliers and is protected by United States and internationa2. an such applications and Run Time Software for which you have purchased a Run Time license Run Time License You may use other software applications that require the Software to execute provided that you have purchased a Run Time License A Run Time License does not include the right to develop reproduce or distribute the Software or any software applications which use incorporate or require the Software to execute You must purchase a Development license for such development reproduction and distribution rights e Evaluation License If you are evaluating this Software and have not paid for either a Development or a Run Time license you may use the Software through the end of the evaluation period specified for the evaluation Software Use of the Software beyond the end date is prohibited During the evaluation period you may not reproduce or distribute the Software or any software applications which use incorporate or require the Software to execute e Use one copy of the Software on a single computer provided that the Software is in use on only one computer at a time If you have multiple Licenses for the Software then at any time you may use as many copies of the Software as you have Licenses If the number of persons who can access and use the Software exceeds the number of Licenses you have then you must have a reasonable mechanism or process in place to ensure that the number of persons using the Software at the same time does not ex
3. ceed the number of Licenses For the purpose of this paragraph installing a copy of the Software on a network server where it is resident for the sole purpose of distributing it to other computers is not use that requires an additional license e Use one copy of the Software on a single terminal connected to a single computer i e with a single CPU The end user may copy the Software from one single terminal to another such single terminal portable or home computer or terminal belonging to or used by the end user provided that the Software is in use on only one computer at a time and is never installed on more than two computers at any one time and is used only by the end user e Make one copy of the Software for archival purposes or copy the Software onto the hard disk of your computer and retain the original for archival purposes e After written notification to Acronymics transfer the entire Product on a permanent basis to another person or entity provided you retain no copies of the Product and the transferee agrees to the terms of this License LICENSE RESTRICTIONS You may not e Copy the Documentation except that you may make one copy of all documentation provided in soft copy form i e documentation provided on magnetic or optical media for your personal use You may not distribute these copies to others e Translate the Software e Merge the Software with another program or modify the Software except as may be specificall
4. e Documentation through a procedure different from that set forth in the Documentation or 3 at Acronymics s option Acronymics s reasonable effort to make the Product meet the warranty set forth above This limited warranty applies only if you return all copies of the Product along with a copy of your paid invoice to Acronymics within 90 days of the date you received the product If Acronymics is unable to make the Product conform to the above warranty Acronymics at its option will refund all or a fair portion of the price you paid for the product Any replacement product will be warranted for the original 90 day warranty period or for 30 days from the date you received the replacement whichever is longer These remedies are not available outside of the United States and Canada ACRONYMICS DISCLAIMS ALL OTHER WARRANTIES EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PRODUCT THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE NO LIABILITY FOR CONSEQUENTIAL DAMAGES In no event shall Acronymics or its suppliers be liable for any damages whatsoever including without limitation damages for loss of profits business interruption loss of information or other pecuniary loss arising out of the use of or inability to use the Product even if Acronymics has been advised of the poss
5. ibility of such damages Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages the above limitation may not apply to you The foregoing limitations of warranty and liability inure to the benefit of Acronymics s licensors having an interest in the Product GENERAL Acronymics product support is available to you only 1 through Acronymics s registered user warranty service and extended support services and 2 if you live in the United States and Canada To receive these services you must separately register for these services Technical support and training for the Software if available shall be provided at Acronymics s then current pricing terms and conditions This license constitutes the entire agreement between you and Acronymics concerning the Product Acronymics is not bound by any provision of any purchase order receipt acceptance confirmation correspondence or otherwise unless Acronymics specifically agrees to the provision in writing This license is governed by the laws of the State of California as such laws apply to agreements between California residents entered into and to be performed entirely within California except as required by U S Government regulations and rules to be governed by Federal law US GOVERNMENT RESTRICTED RIGHTS The Product is provided with RESTRICTED RIGHTS Use duplication or disclosure by the U S government is subject to restrictions
6. l copyright laws and international treaty provisions You must treat the Product like any other copyrighted material except to the extent that this license provides to the contrary Your right to use the Product terminates automatically if you violate any part of this License In the event of termination you must immediately destroy all copies of the Product or return them to Acronymics TITLE Title and ownership right and intellectual property rights in and to the Software and Documentation shall remain in Acronymics and or in suppliers to Acronymics of programs contained in the Software The Software is provided for your own internal use under this license This license does not include the right to sublicense and is personal to you and therefore may not be assigned by operation of law or otherwise or transferred without the prior written consent of Acronymics You acknowledge that the Software in source code form remains a confidential trade secret of Acronymics and its suppliers LICENSE GRANT This License determines your rights with respect to the Software Development License You may develop reproduce and distribute applications which use incorporate or require the Software to execute provided that you purchase a Run Time license for and distribute the Run Time Software with each copy of any such applications distributed and provided that you have paid for a Development license You may not distribute the Software in any form other th
7. set forth in subparagraph c 1 ii of the Rights in Technical Data and Computer Software clause of DFARS 48 C F R 252 227 7013 or subparagraph c 1 and 2 of the Commercial Computer Software Restricted Rights clause at FAR 48 C F R 52 227 19 as applicable and in similar clauses in the NASA FAR supplement The contractor manufacturer is Acronymics Inc 2400 Brookhaven Drive Alma AR 72921 5048 AgentBuilder is a registered trademark of Acronymics Inc
8. y described in the Documentation Any modifications to the Software are subject to this license e Reverse engineer disassemble decompile or make any attempt to discover the source code in the Software e Sublicense rent or lease any portion of the Product e Use a previous version of the Software for which you have acquired an upgrade or update except that for a period of 90 days after you receive the upgrade or update you may use the previous version solely to convert existing programs to the upgraded or updated version At the end of 90 days the previous version must be deleted from the computer and the original distribution media tapes diskettes or CD ROM must be physically destroyed LIMITED WARRANTY Acronymics represents and warrants that for a period of 90 days from your receipt of the Product 1 the diskettes or CD ROMs on which the Software is distributed will be free from defects in materials and workmanship and 2 the Software will perform substantially in accordance with the Documentation Any written or oral information or advice given by Acronymics dealers distributors agents or employees will in no way increase the scope of this warranty If the Product fails to comply with the warranty set forth above Acronymics s entire liability and your exclusive remedy will be 1 replacement of the distribution media or 2 to advise you how to achieve substantially the same functionality with the Software as described in th
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