b6a7975081
Ch is the most complete C interpreter in existence. Ch is embeddable in other application programs and hardware. Ch supports ISO C standard (C90), major new features in C99, classes in C++, POSIX, X/Motif, Windows, OpenGL, ODBC, GTK+, C LAPACK, CGI, 2D/3D graphical plotting, advanced numerical computing, and shell programming. Moreover, Ch has many salient features from other languages and software packages.
243 lines
12 KiB
Text
243 lines
12 KiB
Text
SoftIntegration Ch Professional Edition End-User License Agreement
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Redistribution Or Rental Not Permitted Unless Permission Is Granted
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From SoftIntegration, Inc.
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The undersigned ("You," "Licensee" or "End User") and
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SoftIntegration, Inc. ("SoftIntegration") regarding the
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SoftIntegration Ch Professional Edition version 4.0 in both binary and
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source code form and related user documentation ("Licensed Software")
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agree as follows:
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SOFTINTEGRATION IS PROVIDING THE LICENSED SOFTWARE FOR YOUR USE
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ON A NONEXCLUSIVE BASIS UPON THE CONDITION THAT YOU ACCEPT ALL
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OF THE TERMS SET FORTH BELOW. IF YOU ARE NOT WILLING TO ACCEPT
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THESE TERMS AND CONDITIONS, DO NOT INSTALL THE LICENSED SOFTWARE
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OR RETURN THE LICENSED SOFTWARE UNUSED WITHIN THIRTY DAYS OF
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PURCHASE FOR A REFUND OF THE PAID LICENSE FEE.
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Legel Agreement. This is a legal agreement between You
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(the End User, either an individual or an entity) and SoftIntegration.
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This Agreement has 3 parts. Part I applies if you have not purchased
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a license to the Licensed Software. Part II applies if you have
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purchased a license to the Licensed Software. Part III applies to
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all license grants. If you initially acquired a copy of the Licensed
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Software without purchasing a license and you wish to purchase a license,
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contact SoftIntegration on the Internet at http://www.softintegration.com.
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By installing this Licensed Software, You
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indicate Your acceptance of this Agreement. If You do not agree
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to all of the terms of this Agreement, do not install the software
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or promptly return the Licensed Software and all related materials
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to SoftIntegration at the address written below for a refund of the
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paid license fee. If You are accessing the Licensed
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Software electronically, indicate Your acceptance of these terms
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by selecting the "Yes" in response to the question "Do You
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accept all the terms of the preceding License Agreement?" during
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the installation. If You do not agree all of these terms, select
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"No" in response to the same question.
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Part I -- Terms Applicable When License Fees Not (yet) Paid
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(Limited to Evaluation and Educational Use).
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Grant. SoftIntegration grants you a non-exclusive license to use the Software
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free of charge if (a) you are a student, faculty member or staff member of
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an educational institution (K-12, junior college, college);
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or (b) your use of the Licensed Software
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is for the purpose of evaluating whether to purchase an ongoing
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license to the Licensed Software. The evaluation period for use by or on
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behalf of a commercial entity is limited to 30 days; evaluation use by
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others is not subject to this 30 day limit.
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If you are using the Software free of charge, you are not entitled to
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any technical support. If you fit within the description above,
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you may use the Licensed Software in the manner described in Part III.
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Part II -- Terms Applicable When License Fees Paid
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Grant. Subject to payment of applicable license fees,
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SoftIntegration grants to you a non-exclusive license to use the
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Licensed Software in the manner described in Part III.
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Limited Warranty. Licensee recognizes that
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SoftIntegration and its suppliers make no warranty of any kind
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with respect to the Licensed Software. The sole obligation of
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SoftIntegration or its suppliers with respect to the Licensed
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Software shall be, in SoftIntegration's discretion, (a) to
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replace free of charge any defective recording media or (b) to
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refund the license fees paid for the affected media, provided
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that the media is returned to SoftIntegration by Licensee within
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30 days after the date of this License Agreement. The preceding
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obligation of SoftIntegration does not cover damage or defects
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caused by or related to improper installation or configuration,
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misuse, accident, negligence or misapplication. SoftIntegration
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does not warrant that the software is error-free or will operate
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without interruption. THIS IS A LIMITED WARRANTY AND IT IS THE
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ONLY WARRANTY MADE BY SOFTINTEGRATION.
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Part III -- Terms Applicable to All License Grants
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1. Grant of License. Subject to the terms and conditions of
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this Agreement, SoftIntegration grants You (Licensee) the right,
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as an End User, to install and use the Licensed Software on
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machines residing on Licensee's premises at the address
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identified in this Agreement. The Licensed Software includes all
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other computer software and documentation delivered to Licensee
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pursuant to this License Agreement or SoftIntegration software
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support. Each copy may be installed in a single PC, workstation
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or server accessed by multiple users at the same time. The
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Licensed Software shall not be exported to different computers
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by file sharing. Licensee agrees not to make simultaneous use of
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the Licensed Software on multiple computing machines without
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payment of the applicable license fees.
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2. No Modification of Licensed Software. Licensee shall not
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modify, reverse engineer, decompile, disassemble or translate
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the Licensed Software or related documentation, or apply any
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other procedure or technology to the Licensed Software so as to
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determine the source listings for the Licensed Software.
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3. No Assignment, Transfer or Disclosure. Licensee shall
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not transfer, disclose, disseminate, provide or otherwise make
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available all or any part of the Licensed Software or
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documentation to a third party without the prior written consent
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of SoftIntegration. Licensee shall not disclose the results of
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any benchmark tests of the Licensed Software to any third party
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without SoftIntegration's prior written approval. Neither the
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Licensed Software nor this Agreement may be assigned or
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otherwise transferred by Licensee.
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4. No Right to Sublicense. Licensee shall not distribute,
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rent, sell, lease or sublicense all or part of the Licensed
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Software or documentation to any person. Licensee agrees it
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will not use or grant any right to use the Licensed Software or
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any portion thereof except as authorized herein, and that it
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will not make or have made, or permit to be made, any copies of
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the Licensed Software, other than a single copy of the Licensed
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Software for archival purposes only. Any such archival copy
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shall contain the same proprietary notices or legends which are
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applicable to such portions thereof. The software may contain
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open source components identified and governed by licenses
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in the directory CHHOME/license or CHHOME/toolkit/license
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where CHHOME is the home directory in which Ch will be installed.
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Those open source components are governed by their licenses
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in the above directories.
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5. Disclaimer of Warranty. THE SOFTWARE IS PROVIDED "AS IS"
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WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY
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APPLICABLE LAW, SOFTINTEGRATION FURTHER DISCLAIMS ALL WARRANTIES,
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INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF
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MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
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NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR
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PERFORMANCE OF THE SOFTWARE REMAINS WITH RECIPIENT.
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TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
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SOFTINTEGRATION OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL,
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INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES
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WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
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BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION,
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OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE
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THE SOFTWARE, EVEN IF SOFTINTEGRATION HAS BEEN ADVISED OF THE
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POSSIBILITY OF SUCH DAMAGES.
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6. High-Risk Activities. The Licensed Software is not fault
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tolerant and is not designed, manufactured or intended for use
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in hazardous environments requiring fail-safe performance
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(including, without limitation, the operation of nuclear
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facilities, aircraft navigation or communication systems, air
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traffic control, direct life support machines, or weapons
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system), in which the failure of the Licensed Software could
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lead directly or indirectly to death, personal injury, or server
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physical or environment damage. SoftIntegration and its
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suppliers specifically disclaim any express or implied warranty
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of fitness for any high-risk uses specified above.
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7. Ownership. Licensee agrees it has no rights with respect
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to the Licensed Software other than those rights granted by this
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Agreement. SoftIntegration has retained and will retain all
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ownership rights to the Licensed Software and documentation,
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including all patent rights, copyrights, trademarks, service
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marks, related goodwill, and confidential and proprietary
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information relating thereto.
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8. Termination. The license will terminate automatically
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if you fail to comply with the limitations described herein.
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On termination, you must destroy all copies of the
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Licensed Software and Documentation.
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9. Return of Licensed Software Upon Termination. In the
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event this License Agreement is terminated, Licensee agrees to
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return to SoftIntegration the Licensed Software and to provide
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SoftIntegration with a signed and dated written certification
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that Licensee has destroyed all of its copies of the Licensed
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Software. Such return and notice must be received by
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SoftIntegration within fifteen (15) days following notice of
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termination.
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10. Export Regulations. Licensee acknowledges that the
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Licensed Software is subject to United States export control
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laws and regulations. None of the Software or underlying
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information or technology may be downloaded or otherwise exported
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or reexported (i) into (or to a national or resident of) Cuba,
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Iraq, Libya, North Korea, Iran, Syria or any other country to which
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the U.S. has embargoed goods; or (ii) to anyone on the U.S.
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Treasury Department's list of Specially Designated Nationals or
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the U.S. Commerce Department's Table of Denial Orders.
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By downloading or using the Software, you are agreeing to the
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foregoing and you are representing and warranting that you are
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not located in, under the control of, or a national or resident
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of any such country or on any such list.
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11. Attorneys' Fees. If SoftIntegration is required to
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engage in any suit or proceedings, legal or otherwise, including
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arbitration, to enforce its rights under this Agreement,
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SoftIntegration shall be entitled to recover from Licensee, in
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addition to any other sums due, the reasonable attorneys' fees,
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costs, and necessary disbursements involved in said suit or
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proceedings. In addition, Licensee shall pay SoftIntegration its
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reasonable attorneys' fees and costs incurred in enforcing any
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judgment, order or decree issued by a court, arbitrator or other
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authority in such proceedings, or in collecting any monetary
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award made to SoftIntegration in such proceedings.
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12. No Modification or Waiver. This Agreement may be
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amended, modified or supplemented only by a written instrument
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executed by the parties hereto. SoftIntegration shall be deemed
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not to have assented to any variations in the terms of this
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Agreement or to different terms unless such assent is express,
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includes an express waiver of the applicable terms of this
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Agreement, and is in writing and signed. Moreover, any waiver is
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only for the particular matter specified therein, and shall not
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affect or impair the right of SoftIntegration to require
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observance, performance or satisfaction either of that term or
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condition as it applies on a subsequent occasion or of any other
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term or condition.
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13. Compliance with Laws. Use, duplication or disclosure of
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the programs and documentation by the United States Government
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is subject to restrictions as set forth in subparagraph
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(c)(1)(ii) at DOD Supplement to the Federal Acquisition
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Regulations ("DFAR") or subparagraphs (c)(1) and (2) of
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Commercial Computer Software-Restricted Rights at 48 CFR
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52.227-19.
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14. Governing Law; Venue The rights and obligations of the
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parties and the interpretation and enforcement of this Agreement
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shall be governed by and construed in accordance with the laws
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of the State of California, excluding its conflict of laws
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rules. The exclusive venue of any action arising out of this
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Agreement shall be the State or federal courts located in
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Sacramento, California. The application of the United Nations
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Convention on Contracts for the International Sale of Goods to
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this Agreement is expressly excluded.
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15. Contact. Should you have any questions concerning this
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Agreement, or if you desire to contact SoftIntegration for any
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reason, please write: SoftIntegration, Inc., 216 F Street,
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#68, Davis, CA 95616, USA; www.softintegration.com.
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SoftIntegration Ch Professional Edition EULA (Revision 080703)
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