License Agreement
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DJBinder Basic version 1.0
READ THE TERMS OF THIS AGREEMENT CAREFULLY BEFORE INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING THE "AGREE" TEXT AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THESE TERMS EXIT FROM THIS PAGE. Limited License Grant --------------------- Amslib grants to you a non-exclusive, non-transferable limited license to use the accompanying DJBinder software and documentation (collectively "Software") without fee for evaluation of the Software and for development of applications provided that you may not re-distribute the Software in whole or in part, either separately or included with a product. Ownership of the Software ------------------------- All ownership rights to the Software and all associated intellectual property rights is retained by Amslib. Unless enforcement is prohibited by applicable law, you may not reverse engineer, modify or decompile Software. No right, title or interest in or to Software is granted under this Agreement. This Agreement does not authorize you to use any Amslib name, trademark or logo. You acknowledge that Amslib owns the DJBinder trademark and all DJBinder-related trademarks, logos and icons. Warranty and Disclaimer ----------------------- THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. AMSLIB MAKES NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AND HEREBY DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT, WITH RESPECT TO THE SOFTWARE. AMSLIB DOES NOT GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY OR RELIABILITY, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. Some of these disclaimers can be legally invalid, so the above limitation may not apply to you. Limitation of Liability ----------------------- TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL AMSLIB BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR COST OF OBTAINING SUBSTITUTE GOODS, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA AND EQUIPMENT, AND OTHER SUCH DAMAGE OR LOSS), HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, WHETHER USED IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, EVEN IF AMSLIB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose. Restrictions for High Risk Activities ------------------------------------- SOFTWARE IS NOT DESIGNED OR INTENDED FOR USE IN ON-LINE CONTROL OF AIRCRAFT, AIR TRAFFIC, AIRCRAFT NAVIGATION OR AIRCRAFT COMMUNICATIONS; OR IN THE DESIGN, CONSTRUCTION, OPERATION OR MAINTENANCE OF ANY NUCLEAR FACILITY. YOU WARRANT THAT YOU WILL NOT USE SOFTWARE FOR THESE PURPOSES. Amslib disclaims any express or implied warranty of fitness for such uses. You acknowledge and agree that the Software is not specifically developed or intended for use with systems that are not fault tolerant. Amslib shall not be liable for any claims or damages arising from such use of the Software. Termination ----------- This Agreement is effective until terminated. This Agreement will terminate without notice from Amslib automatically and immediately if you fail to comply with the provisions of this Agreement. Upon termination, you must immediately stop using the Software and destroy all copies (and partial copies) of the Software. You may terminate this Agreement at any time by destroying all copies of the Software. Source Code ----------- Software may contain source code that is provided solely for reference purposes pursuant to the terms of this Agreement. Miscellaneous ------------- If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate. This Agreement is the entire agreement between you and Amslib relating to its subject matter and supersedes all prior or contemporaneous agreements and representations between the parties. No modification of this Agreement will be binding, unless such change is written and signed by an authorized Amslib representative. Amslib may transfer, assign sublicense or pledge any of its rights and obligations under this agreement to any third party, without notice to you and without your consent.
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