104 lines
6.4 KiB
Text
104 lines
6.4 KiB
Text
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LC SOFTWARE LICENSE AGREEMENT
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1. GENERAL: THIS LICENSE AGREEMENT SHALL GOVERN THE USE BY YOU (THE
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"LICENSEE") OF THE CRAY INC. ("CRAY") LC ELECTRO-MAGNETIC FIELD
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ANALYSIS SOFTWARE THAT YOU OBTAIN THROUGH THIS WEB SITE (THE
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"SOFTWARE"), AND THE ACCOMPANYING DOCUMENTATION (THE "DOCUMENTATION").
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THIS LICENSE AGREEMENT REPRESENTS THE ENTIRE AGREEMENT BETWEEN CRAY
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AND LICENSEE CONCERNING THE COPY OF THE SOFTWARE AND DOCUMENTATION
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THAT LICENSEE OBTAINS THROUGH THIS WEB SITE, AND IT SUPERSEDES ANY
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PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES
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WITH RESPECT TO THAT COPY OF THE SOFTWARE AND DOCUMENTATION. NO
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LICENSEE PURCHASE ORDER OR OTHER COMMUNICATION SHALL BE CONSTRUED AS,
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OR CONSTITUTE, A WAIVER OF THE TERMS AND CONDITIONS OF THIS LICENSE
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AGREEMENT, OR ACCEPTANCE OF ANY ADDITIONAL TERMS, CONDITIONS OR
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SPECIFICATIONS, AND CRAY HEREBY OBJECTS TO ANY SUCH ADDITIONAL OR
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CONTRARY TERMS, CONDITIONS OR SPECIFICATIONS.
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2. TERM: This License Agreement is effective upon installation of the
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Software. This License Agreement shall automatically terminate upon
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the breach by Licensee of any term hereof. In addition, Licensee may
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terminate this License Agreement at any time. Upon termination or
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expiration of this License Agreement, Licensee shall destroy all
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copies of the Software and Documentation in Licensee's possession.
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Licensee's obligations, Cray's warranty disclaimers and the
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limitations of Cray's liability under this License Agreement shall
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survive any termination of this License Agreement.
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3. LICENSE: Cray grants, and Licensee accepts, a non-transferable and
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non-exclusive license to use the Documentation, and the Software in
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object code form only, subject to all the terms and conditions of this
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License Agreement. The Software is licensed for Licensee's internal
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use only. Licensee may make one copy of the Software and any on-line
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Documentation for back-up or archival purposes. Licensee shall
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reproduce in that copy all proprietary and restrictive notices set
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forth in the Software and Documentation. No other rights to copy,
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sublicense or distribute the Software or Documentation are granted.
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All rights not specifically granted to Licensee by this License
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Agreement shall remain in Cray. Licensee acknowledges that the
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Software and Documentation are proprietary products of, and contain
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proprietary information developed by Cray, and shall remain the
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property of Cray. Licensee shall not disclose the Software,
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Documentation or any information contained in the Software or
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Documentation. Licensee shall use the same degree of care to prevent
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such disclosure as Licensee uses to protect Licensee's own information
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of like importance, but at least reasonable care. Licensee shall not
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modify the Software, or attempt to decompile, cross compile,
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disassemble, reverse engineer, or use any other means to decode the
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Software.
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4. WARRANTY AND LIMITATION OF LIABILITY: THE SOFTWARE AND THE
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DOCUMENTATION ARE PROVIDED "AS IS", AND ALL EXPRESS AND IMPLIED
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WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A
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PARTICULAR PURPOSE AND MERCHANTABILITY, AND FREEDOM FROM VIOLATION OF
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THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, ARE HEREBYEXCLUDED. CRAY
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WILL NOT BE LIABLE IN ANY EVENT FOR ANY CONSEQUENTIAL, SPECIAL,
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INCIDENTAL, OR INDIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH
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THE PERFORMANCE OF THE SOFTWARE OR ITS USE BY LICENSEE OR ANY OTHER
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PERSON, OR ANY FAILURE OF CRAY IN THE PERFORMANCE OF ITS OBLIGATIONS
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UNDER THIS LICENSE AGREEMENT (INCLUDING LIABILITY FOR NEGLIGENCE)
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EXCEPT FOR THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF CRAY.
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5. APPLICABLE LAW: This License Agreement is governed by the laws of
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the State of California, excluding the United Nations Convention of
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the International Sale of Goods, and without reference to its
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provisions on the conflicts of laws.
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6. INDEMNIFICATION: Licensee agrees to indemnify and hold Cray
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harmless in respect to any and all claims of or liability to third
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parties arising from the use of the Software or the output of the
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Software.
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7. EXPORT: Licensee shall not dispose of any software, know-how,
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technical data, documentation or other materials furnished to it
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pursuant to this License Agreement, to any party or in any manner
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which would constitute a violation of the export control laws of the
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United States.
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8. RESTRICTED RIGHTS LEGEND: If the Software is acquired for use by
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the US Government, such use shall be subject to "Restricted Rights" as
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that term is defined in the Federal Acquisition Regulations ("FAR"),
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Part 52.227-14 and the DoD FAR Supplement, Part 252.227-7013, as
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augmented by this License Agreement.
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9. GENERAL: Licensee shall not assign or otherwise transfer its rights
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or obligations under this License Agreement without the prior written
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consent of Cray. No failure by either party to take any action or
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assert any right under this License Agreement shall be deemed to be a
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waiver of such right in the event of the continuation or repetition of
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the circumstances giving rise to such right. No modification of this
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License Agreement shall be binding on either party unless it is in
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writing and signed by both parties.
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In the event that any of the terms of this License Agreement are in
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conflict with any applicable rule of law or statutory provision or are
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otherwise unenforceable under the applicable laws or regulations of
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any government or subdivision thereof, such terms shall be deemed
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stricken from this License Agreement, but such invalidity or
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unenforceability shall not invalidate any of the other terms of this
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Agreement and this Agreement shall continue in force, unless the
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invalidity or unenforceability of any such provisions hereof does
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substantial violence to, or where the invalid or unenforceable
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provisions comprise an integral part of, or are otherwise inseparable
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from, the remainder of this License Agreement.
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