ROBERT J. MORRIS SOFTWARE: Calculator++
SOFTWARE LICENSE AGREEMENT
IMPORTANT! READ ALL THE TERMS OF THIS LICENSE CAREFULLY BEFORE ACCEPTING. THIS IS A LICENSE AGREEMENT.
READ CAREFULLY: This SOFTWARE License Agreement ("AGREEMENT") is a legal agreement between you (either an individual or a single entity) and Robert J. Morris ("MORRIS") for the software identified above, which includes computer software and may include associated media, printed materials, and "ONLINE" or electronic documentation ("SOFTWARE"). YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE. IF YOU DO NOT AGREE, YOU ARE NOT AUTHORIZED TO INSTALL, DOWNLOAD, UPLOAD, OR USE THE SOFTWARE.
1. GRANT OF LICENSE: MORRIS grants you a non-exclusive, non-transferable, limited license for the internal use only of the SOFTWARE and any error corrections provided by MORRIS provided that you comply with all terms and conditions of this AGREEMENT:
* Installation and use: You may install and use the SOFTWARE on a single computer, workstation, terminal, electronic device, personal digital assistant (PDA), handheld computing device, telephony device, or other device ("COMPUTER").
* Reservation of Rights: MORRIS reserves all rights not expressly granted to you in this AGREEMENT.
* No Support: MORRIS does not offer any support services in connection with the SOFTWARE.
2. UPGRADES: To use a SOFTWARE identified as an upgrade, you must first be licensed for the product identified by MORRIS as eligible for the upgrade. After upgrading, you may no longer use the product that formed the basis for your upgrade eligibility.
3. ADDITIONAL SOFTWARE: This AGREEMENT applies to updates or supplements to the original SOFTWARE provided by MORRIS, unless MORRIS provides other terms along with the update or supplement.
4. REGISTRATION: If the SOFTWARE requires registration, the SOFTWARE may be used for a trial or evaluation period of thirty (30) days after which registration is required for continued use of the SOFTWARE. Failure to register the SOFTWARE through MORRIS or one of his authorized resellers will constitute termination of this License Agreement. Upon such termination you agree to destroy the SOFTWARE and documentation, together will all copies and merged portions in any form. Registration does not apply to freeware versions of the SOFTWARE.
5. TRANSFER: Transfer to another COMPUTER. Provided that, at the same time, you delete the SOFTWARE from the original COMPUTER, you may move the SOFTWARE to a different COMPUTER owned by you only one time. Transfer may only be from the original COMPUTER.
* Transfer to Third Party: The SOFTWARE and license are non-transferable.
6. REDISTRIBUTION AND SUBLICENSING: You are not permitted to lease, lend, rent, distribute, redistribute, or sublicense the SOFTWARE or any work based upon the SOFTWARE, or to use the SOFTWARE or any work based upon the SOFTWARE in a time-sharing arrangement or in any other unauthorized manner.
7. LIMITATION ON REVERSE ENGINEERING, DECOMPILATION, DISASSEMBLY, AND MODIFICATION: You may not reverse engineer, decompile, disassemble, or modify the SOFTWARE, except and only to the extent that it is expressly permitted by applicable law notwithstanding this limitation.
8. TRADE SECRETS; TITLE: You acknowledge and agree that the structure, sequence and organization of the SOFTWARE are the valuable trade secrets of MORRIS. You agree to hold such trade secrets in confidence. You further acknowledge and agree the ownership of, and title to, the SOFTWARE and all subsequent copies thereof, regardless of the form or media, are held by MORRIS.
9. TERMINATION: Without prejudice to any other rights, MORRIS may cancel this AGREEMENT if you do not abide by the terms and conditions of this AGREEMENT, in which case you must destroy all copies of the SOFTWARE and all of its component parts.
10. NOT FOR RESALE SOFTWARE: SOFTWARE may not be resold, transferred or used for any purpose other than demonstration, test, or evaluation.
11. EXPORT RESTRICTIONS: You acknowledge that the SOFTWARE is of U.S. origin. You agree to comply with all applicable international and national laws that apply to these products, including the U.S. Export Administration Regulations, as well as end-user, end-use and country destination restrictions issued by U.S. and other governments.
12. DISCLAIMER OF WARRANTIES: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ROBERT J. MORRIS AND HIS SUPPLIERS PROVIDE TO YOU THE SOFTWARE, AND ANY (IF ANY) SUPPORT SERVICES RELATED TO THE SOFTWARE ("SUPPORT SERVICES") AS IS AND WITH ALL FAULTS; AND ROBERT J. MORRIS AND HIS SUPPLIERS HEREBY DISCLAIM WITH RESPECT TO THE SOFTWARE AND SUPPORT SERVICES ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) WARRANTIES, DUTIES OR CONDITIONS OF OR RELATED TO: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, WORKMANLIKE EFFORT AND LACK OF NEGLIGENCE. ALSO THERE IS NO WARRANTY, DUTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE AND ANY SUPPORT SERVICES REMAINS WITH YOU.
13. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ROBERT J. MORRIS OR HIS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF ROBERT J. MORRIS OR ANY SUPPLIER, AND EVEN IF ROBERT J. MORRIS OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14. LIMITATION OF LIABILITY AND REMEDIES: NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF ROBERT J. MORRIS AND ANY OF HIS SUPPLIERS UNDER ANY PROVISION OF THIS AGREEMENT AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO ACTUAL DAMAGES INCURRED BY YOU BASED ON REASONABLE RELIANCE UP TO THE LESSER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR U.S.$5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
15. U.S. GOVERNMENT LICENSE RIGHTS: All SOFTWARE provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein. All SOFTWARE provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with "Restricted Rights" as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
16. APPLICABLE LAW: This License Agreement shall be governed by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents and by the laws of the United States. You agree that the United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded.
17. SEVERABILITY: In the event any provision of this AGREEMENT is found the be invalid, illegal or unenforceable, the validity, legality and enforceability of any of the remaining provisions shall not in any way be affected or impaired, and a valid, legal and enforceable provision of similar intent and economic impact shall be substituted therefore. The headings used in this AGREEMENT are for convenience only and shall not be considered part of the AGREEMENT.
18. ENTIRE AGREEMENT: This AGREEMENT (including any addendum or amendment to this AGREEMENT which is included with the SOFTWARE) are the entire agreement between you and MORRIS relating to the SOFTWARE and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals, and representations with respect to the SOFTWARE or any other subject matter covered by this AGREEMENT. To the extent the terms of any MORRIS policies or programs for support services conflict with the terms of this AGREEMENT, the terms of this AGREEMENT shall control.
19. The SOFTWARE is protected by copyright and other intellectual property laws and treaties. MORRIS own the title, copyright, and other intellectual property rights in the SOFTWARE. The SOFTWARE is licensed, not sold.