Quadrivio Corporation

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.

 

 

 

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© 2004 Quadrivio Corporation. All Rights Reserved. Last updated: 7 Sep 2004