License Agreement
Please read this license agreement carefully. Quadrivio
Corporation ("Quadrivio") is willing to license the software
accompanying this license (the "Software") to you only if
you accept all the terms in this license agreement. If you
do not agree to these terms, promptly return the unused
Software, including any packaging, media, and written
materials, to the place of purchase for a full refund. By
using this Software, you are agreeing to be bound by the
terms of this agreement.
Ownership
You own the media on which the Software is recorded, but
Quadrivio retains title to the Software and related
documentation. The Software and documentation are protected
by United States copyright and intellectual property laws,
by laws of other nations, and by international treaties.
License
You may use one copy of the Software on a single
computer. You may not copy the Software to a networked file
server or to an area of a storage device that is accessible
to other computers on a network.
You may use a single printed copy of the accompanying
written materials (the "Documentation"). You may not use or
produce additional printed copies. If you did not receive a
printed copy of the Documentation with the Software, you may
print out one copy for your own use from the files included
with the Software. If you received a printed copy with your
purchase, or if you later purchase Documentation in printed
form, you may not retain, produce or transfer any other
copies of the Documentation in printed form, in whole or in
part.
If a single person is the sole user of the Software, then
he or she may use the Software on more than one computer as
long as the Software is never used on two or more computers
at the same time.
If more than one person ever uses the Software, the
Software must only be used on a single computer.
If you have a paid-up license to the Software, you may
make backup or archival copies of the Software on removable
media for the sole purpose of protecting against loss or
damage to the original copy.
Trial version
If an unmodified copy of the Software permits operation
in a Free-trial mode (as indicated by the availability of
"Free Trial" button on the registration screen), you may use
the Software for no more than 30 days after receipt. After
30 days, you must either delete all copies of the software
in your possession or purchase a license to use the
Software. You may not transfer, make, or distribute any
copies of the Software operating in a Free-trial mode.
Restrictions on Use and Transfer
You may not reverse engineer, decompile, modify,
disassemble or create derivative works from the Software.
You may not use this software for any illegal purpose or
in violation of the license agreement of any other software
in your possession.
Due to insurance restrictions, you may not use this
software for planning, construction, maintenance, or
operation of any air traffic control system, nuclear
facility, direct life support system, or weapons system.
You may not allow anyone else to use your copy of a
previous version of the Software after you have received an
upgraded version of the Software.
If you have a paid-up license to the Software, you may
permanently transfer the Software and accompanying written
materials (including the most recent update and all prior
versions) if you retain no copies and the transferee agrees
to be bound by the terms of this Agreement. Such a transfer
terminates your license. You may not rent or lease the
Software or otherwise transfer or assign the right to use
the Software, except as stated in this paragraph.
If you do not have a paid-up license to the Software, you
may not make or transfer any copies of the Software.
Limited Warranty on Media
If you purchased the Software on prerecorded media,
Quadrivio warrants the media to be free from defects in
materials and workmanship for a period of 90 days from the
date of purchase of software. QUADRIVIO'S ENTIRE LIABILITY
AND YOUR EXCLUSIVE REMEDY SHALL BE REPLACEMENT OF THE MEDIA
THAT DO NOT MEET QUADRIVIO'S LIMITED WARRANTY AND WHICH IS
RETURNED TO QUADRIVIO WITH A COPY OF YOUR RECEIPT. THIS
LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU
MAY ALSO HAVE OTHERS, WHICH VARY FROM STATE TO STATE.
This Limited Warranty is void if failure of the media has
resulted from modification, accident, abuse, or
misapplication.
Disclaimer of Warranty on Software
THE SOFTWARE AND RELATED DOCUMENTATION ARE PROVIDED "AS
IS" AND YOU AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE
RISK. QUADRIVIO DISCLAIMS ALL OTHER WARRANTIES, EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT, WITH RESPECT TO THE SOFTWARE
AND THE ACCOMPANYING WRITTEN MATERIALS. SOME STATES DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO
THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT, INCLUDING NEGLIGENCE, WILL QUADRIVIO BE
LIABLE TO YOU FOR DAMAGES, INCLUDING ANY LOSS OF PROFITS,
BUSINESS INTERRUPTION, LOSS OF DATA, LOST SAVINGS, OR OTHER
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF
YOUR USE OR INABILITY TO USE THE SOFTWARE, EVEN IF QUADRIVIO
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. In no event shall
Quadrivio's total liability to you exceed the purchase price
for the Software.
Complete Agreement
This agreement constitutes the entire agreement between
you and Quadrivio and supersedes any prior or
contemporaneous agreements concerning the Software and
related documentation. It shall not be modified unless in
writing and signed by Quadrivio.
General
This agreement is governed by the laws of the State of
California. If for any reason a court of competent
jurisdiction finds any provision of this License, or portion
thereof, to be unenforceable, that provision shall be
enforced to the maximum extent permissible, and the
remainder of this License shall continue in full force and
effect. If you have any questions concerning this agreement
or wish to contact Quadrivio for any reason, please write:
Quadrivio Corporation, 1563 Solano Avenue, PMB 360,
Berkeley, CA 94707.
U.S. Government Restricted Rights
The Software and documentation are provided with
Restricted Rights. Use, duplication, or disclosure by the
Government is subject to restrictions set forth in
subparagraph (c)(1) of The Rights in Technical Data and
Computer Software clause at DFARS 252.227??7013 or
subparagraphs (c)(1)(ii) and (2) of Commercial Computer
Software ?? Restricted Rights at 48 CFR 52.227??19, as
applicable. Supplier is Quadrivio Corporation, 1563 Solano
Avenue, PMB 360, Berkeley, CA 94707.
Disclaimer for software developed by the Apache Software
Foundation
THIS SOFTWARE IS PROVIDED 'AS IS' AND ANY EXPRESSED OR
IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE
APACHE SOFTWARE FOUNDATION OR ITS CONTRIBUTORS BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED
AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT
LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.