?? license.txt
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McObject EVALUATION LICENSE AGREEMENT
READ CAREFULLY BEFORE YOU INSTALL THE SOFTWARE MEDIA
If you install the software media, you agree to the terms of this McObject
Evaluation License Agreement.
McObject LLC will not grant you a license to evaluate the software in the media
package(s) unless you agree to all of the terms of this Agreement. If you do
not accept the terms of this Agreement, promptly destroy the software media
package(s). McObject does not accept contrary terms in Purchase or Sales
Orders.
1. PARTIES TO THE LICENSE. This is a legal agreement between you (the
"Development Entity" as defined below) and McObject LLC, a Washington Limited
Liability Company ("McObject").
2. SUBJECT MATTER OF THE LICENSE. This Agreement is a novation of all
prior agreements and representations between McObject and you regarding all
McObject copyrighted software in your possession for evaluation, including the
contents of the media package(s), earlier releases of the software, all
accompanying written materials, and prior written agreements whether contained
in manuals, sealed media package(s) or otherwise (hereafter referred to as
"Products").
3. NO LICENSE TO DEVELOP APPLICATION PROGRAM. McObject grants you a limited,
non-exclusive, nonassignable, nontransferable right to evaluate the
Products enclosed in the software media package(s) in source code form (if
supplied or in your possession) and object code form for a period of 60 days
beginning from the Effective Date of this Agreement.
4. LICENSE TO MODIFY SOURCE. You may modify and compile the Product
source code, if supplied for evaluation by McObject, provided you do not delete
copyright notices. All modified versions are part of the licensed Products,
subject to this Agreement and the property of McObject. You must deliver to
McObject on written request copies of all modifications of, partial replacements
of, and extensions to McObject source code. McObject does not support modified
source code. You may not compile the source code for use with an operating
system other than the target operating system for the source code package you
received from McObject.
5. NO LICENSE TO DISTRIBUTE. You may not distribute an Application Program
that includes the McObject Product. Distribute means the reproduction for
installation, whether for commercial resale, not-for-profit, internal use, or
any other use other than to evaluate the McObject software.
6. OTHER RESTRICTIONS. These licenses are personal to you, the Development
Entity. The Development Entity may be an individual or organization. It may be
a division or subsidiary of a larger organization or the affiliate of a smaller
organization. In any event, McObject grants this license only to the
Development Entity. You may not use, distribute, or transfer the Products
except as allowed by this license. You may not sell, assign, sublicense, lease,
or otherwise transfer any part of this license. A sale of a majority of your
Development Entity is deemed a transfer. You may not retain copies, even of
prior versions of the Products, on termination of this license. Your
obligations under this Agreement survive any substitution or termination of the
licenses granted by this Agreement.
7. OWNERSHIP AND COPYRIGHT. McObject LLC or its suppliers own the
Product(s). National copyright laws and international treaty provisions
protect them. The Products contain proprietary information. You must protect
the Products like any other copyrighted material and keep the source code in
strict confidence, ensuring that anyone with access to the Products refrains
from unauthorized reproduction, use or disclosure.
8. TERMS AND TERMINATION. You may terminate this license by returning or
destroying all copies of the Product in your control and notifying McObject in
writing. This license, including your right to evaluate the Products, will
terminate automatically if you infringe McObject copyrights or breach this
Agreement. McObject may suspend or terminate this license if you fail to pay
any amount due McObject or any McObject subsidiary. McObject may suspend or
terminate this license, with 30 days prior notice and opportunity to cure, if
you fail to pay any amount due any McObject distributor or dealer.
9. LIMITED WARRANTY. McObject disclaims all warranties, either expressed or
implied, including but not limited to implied warranties of merchantability and
fitness for a particular purpose, and all other remedies for breach of the above
warranty. You assume all risks with respect to accuracy, adequacy, quality,
reliability, and performance of the Products. All implied warranties which may
not be disclaimed are limited to 30 days. Some jurisdictions do not allow
limitations on duration of implied warranties, so the above limitation may not
apply to you. This limited warranty gives you specific legal rights. You may
have other rights, different from the warranty given by McObject.
10. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. In no event will McObject,
its resellers, or suppliers be liable for consequential damages (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 the Products, whether in an action based
on contract or tort, including negligence or strict liability, even if you
advise McObject of the possibility of such damages. McObject's total
liability under this Agreement is limited in the aggregate to amounts you paid
for this Product and license.
11. TECHNICAL SUPPORT. Technical support by email and telephone is available
on a first-come, first-served basis during the evaluation period.
12. U.S. GOVERNMENT RESTRICTED RIGHTS. McObject software and
documentation are provided with restricted rights. Use, duplication, or
disclosure by the Government is subject to restrictions as set forth in
FAR 52.227-14(g)(3) and subparagraph (c)(1)(ii) of The Rights in Technical
Data and Computer Software clause at DFARS 252.227-7013.
Contractor/manufacturer is McObject LLC, 22525 SE 64th Place, Suite 302,
Issaquah, WA 98027
13. SEVERABILITY. Whenever possible, each provision of this Agreement
must be interpreted so as to be valid under applicable law. If any provision
is invalid, the remaining provisions remain enforceable.
14. DISPUTES. The laws of the State of Washington, U.S.A., without regard
to its conflicts of law rules, control this Agreement, and the United Nations
Convention on the International Sale of Goods does not apply. It is
enforceable by McObject or its distributors and dealers. Disputes will be
finally resolved in arbitration, before one arbitrator, under American
Arbitration Association Commercial Arbitration Rules and conducted in Seattle,
Washington, U.S.A., or under the UNCITRAL Rules of Arbitration in Stockholm,
Sweden, at McObject's option. If conducted in Sweden, the arbitration will be
conducted in English, and administered by the Stockholm Chamber of Commerce.
The prevailing party in any action related to an alleged infringement of
McObject proprietary rights is entitled to recover its costs and expenses,
including reasonable attorneys' fees. You consent to personal jurisdiction in
the federal and state courts in the State of Washington, U.S.A. A prevailing
party may enter judgment on an arbitral award in any court having jurisdiction.
These provisions will survive the termination of this Agreement, regardless of
the cause of termination.
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