License agreement 6/15/99
Software License Agreement
This is a legal agreement between you, the end user, and Model Technology Incorporated (MTI). By clicking the accept button below you are agreeing to be bound by the terms of this agreement. If you do not agree to the terms of this agreement, click the abort button below and permanently delete the ModelTech software and accompanying items from your hard drive.
1. License. MTI grants to you the nontransferable, nonexclusive right to use one copy of the enclosed software program (the “SOFTWARE”) for each license or hardware security key you have purchased. The SOFTWARE must be used on the computer hardware server equipment that you identified in writing by make, model, and workstation or host identification number and the equipment served, in machine-readable form only, as allowed by the authorization code provided to you by MTI or its agents. All authorized systems must remain in the same country, and at the same geographic site, for which the evaluation was originally requested.
2. Copyright. The SOFTWARE is owned by MTI (or its licensors) and is protected by United States copyright laws and international treaty provisions. You may not copy the written materials accompanying the SOFTWARE.
3. Use of Software. The SOFTWARE is licensed to you for evaluation purposes only. You shall not publish or otherwise communicate your evaluation and/or benchmark results outside of your business without the advance written consent of MTI. You shall not sub-license, assign or otherwise transfer the license granted or the rights under it without the prior written consent of MTI or its applicable licensor. You shall keep the SOFTWARE in a restricted and secured area and shall grant access only to authorized persons. You shall not make software available in any form to any person other than your employees whose job performance requires access and who are specified in writing to MTI. MTI may enter your business premises during normal business hours to inspect the SOFTWARE, subject to your normal security.
4. Permission to Copy Licensed Software. You may copy the SOFTWARE only as reasonably necessary to support an authorized use. You may not make copies, in whole or in part, of the SOFTWARE or other material provided by MTI without the prior written consent of MTI. For such permitted copies, you will include all notices and legends embedded in the SOFTWARE and affixed to its medium and container as received from MTI. All copies of the SOFTWARE, whether provided by MTI or made by you, shall remain the property of MTI or its licensors.
You will maintain a record of the number and location of all copies of the SOFTWARE made, including copes that have been merged with other software, and will make those records available to MTI or its applicable licensor upon request.
5. Trade Secret. The source code of the SOFTWARE is trade secret or confidential information of MTI or its licensors. You shall take appropriate action to protect the confidentiality of the SOFTWARE and to ensure that any user permitted access to the SOFTWARE does not provide it to others. You shall take appropriate action to protect the confidentiality of the source code of the SOFTWARE. You shall not reverse-assemble, reverse-compile or otherwise reverse-engineer the SOFTWARE in whole or in part. The provisions of this section shall survive the termination of this Agreement.
6. Title. Title to the SOFTWARE licensed to you or copies thereof are retained by MTI or third parties from whom MTI has obtained a licensing right.
7. Other Restrictions. You may not rent or lease the SOFTWARE. You shall not mortgage, pledge or encumber the SOFTWARE in any way. You shall ensure that all support service is performed by MTI or its designated agents. You shall notify MTI of any loss of the SOFTWARE.
8. Termination. MTI may terminate this Agreement, or any license granted under it, in the event of breach or default by you. In the event of such termination, all applicable SOFTWARE shall be returned to MTI or destroyed.
9. Export. You agree not to allow the MTI SOFTWARE to be sent or used in any other country except in compliance with this license and applicable U.S. laws and regulations. If you need advice on export laws and regulations, you should contact the U.S. Department of Commerce, Export Division, Washington, DC 20230, USA for clarification.
Any provision of Model Technology Incorporated SOFTWARE to the U.S. Government is with “Restricted Rights” as follows: Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 2.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clauses in the NASA FAR Supplement. Any provision of Model Technology documentation to the U.S. Government is with Limited Rights. Contractor/manufacturer is Model Technology Incorporated, Suite 150, 8905 SW Nimbus Avenue, Beaverton, Oregon 97008 USA.
Limited Warranty. MTI warrants that the SOFTWARE will perform substantially in accordance with the accompanying written materials for a period of 30 days from the date of receipt. Any implied warranties on the SOFTWARE are limited to 30 days. Some states do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.
Customer Remedies. MTI’s entire liability and your exclusive remedy shall be, at MTI’s option, either (a) return of the price paid or (b) repair or replacement of the SOFTWARE that does not meet MTI’s Limited Warranty and which is returned to MTI. This Limited Warranty is void if failure of the SOFTWARE has resulted from accident, abuse or misapplication. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period or 30 days, whichever is longer.
No Other Warranties. MTI 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 SOFTWARE and the accompanying written materials. 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 MTI or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use of or inability to use these MTI products, even if MTI has been advised of the possibility 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.