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Christian Wade 2017-08-22 13:56:58 -07:00
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BismNormalizer/BismNormalizer/Resources/LicenseTerms.txt
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BY INSTALLING OR USING THIS SOFTWARE, YOU ARE BECOMING A PARTY TO, AND ARE CONSENTING TO BE BOUND BY, THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THIS SOFTWARE.
MIT License
DEFINITIONS
1. "Software" means BISM Normalizer in object code form, documentation, and updates included in software maintenance
2. "Licensee" means:
a. the individual evaluating the Software during a trial
b. the individual, company, corporation, or organization that purchased a license(s) for the Software
3. "Authorized User" means:
a. the individual evaluating the Software during a trial
b. an individual that purchased a license(s) for the Software
c. an employee or independent contractor who might at any time use the Software, of the company, corporation, or organization that purchased a license(s) for the Software
d. an entity has one Authorized User for each Single User Licnese purchased; an entity has up to six Authorized Users for each Bulk Purchase Licnese purchased
4. "Licensor" means Christian B. Wade
5. "Activation Key" means a value that identifies a Licensee, and code to activate a genuine copy of the Software
Permission is hereby granted, free of charge, to any person obtaining a copy
of this software and associated documentation files (the "Software"), to deal
in the Software without restriction, including without limitation the rights
to use, copy, modify, merge, publish, distribute, sublicense, and/or sell
copies of the Software, and to permit persons to whom the Software is
furnished to do so, subject to the following conditions:
GRANT
Subject to the terms of this Agreement, Licensor hereby grants Licensee a non-transferable, non-exclusive, non-sub-licensable, limited license that allows:
1. Authorized User(s) to install the licensed version of the Software on computer PCs where potential use of the Software is restricted exclusively to Authorized User(s)
2. Licensee to distribute an Activation Key(s) to Authorized User(s)
3. Authorized User(s) to use the Software such that the number of concurrent instances of the Software does not exceed one for a Single User License; six for a Bulk Purchase License
4. Licensee to make a copy of the Software for archival purposes, provided the copy contains all of the proprietary notices of the Software
RESTRICTIONS
Licensee will not, and will have no right to:
1. distribute, use, or transfer an Activation Key(s) that has been superseded by an Activation Key(s) provided with software maintenance or upon consolidation of Activation Keys
2. modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), create derivative works based on, or otherwise attempt to discover the source code or underlying ideas or algorithms of the Software
3. sell, rent, lease, distribute, or otherwise transfer rights to the Software without prior written consent from Licensor
4. remove any proprietary notices or labels from the Software
TITLE AND COPYRIGHT
Title, ownership rights, intellectual property rights, and copyright to the Software, and any copies or portions thereof, shall remain in Licensor. The Software is protected by United States copyright laws and international treaty provisions.
DISCLAIMER OF WARRANTY
THE SOFTWARE IS PROVIDED AS IS, WITHOUT WARRANTY OF ANY KIND. LICENSOR HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME U.S. STATES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO LICENSEE. LICENSEE MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION.
LIMITATION OF LIABILITY
LICENSEE ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. LICENSOR ASSUMES NO LIABILITY FOR THE COST OF ANY SERVICE OR REPAIR IF THE SOFTWARE IS DEFECTIVE. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL LICENSOR, OR ITS LICENSORS, SUPPLIERS OR RESELLERS, BE LIABLE TO LICENSEE OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE MONEY PAID FOR THE SOFTWARE, EVEN IF LICENSOR SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME U.S. STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO LICENSEE.
TERMINATION
The license granted herein shall be perpetual. If Licensee fails to comply with any of the terms of this Agreement, this Agreement and the rights granted herein will terminate immediately. Licensor may, at its sole discretion and at any time, terminate this Agreement. On termination, Licensee must cease using and destroy all copies of the Software.
EXPORT CONTROLS
Licensee shall comply with all export laws, restrictions and regulations of the United States. Licensee shall not export, re-export or otherwise transfer the Software to any country for which the United States maintains an embargo, or to any person or entity on the U.S. Department of Treasury List of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List. Licensee represents and warrants that licensee is not located in, under the control of, or a national or resident of any restricted country or on any such list.
U.S. GOVERNMENT RESTRICTED RIGHTS
Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause in DFARS 252.227-7013, and in similar clauses in the NASA FAR Supplement.
ENTIRE AGREEMENT
This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only in writing executed by both parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by and construed under California law as such law applies to agreements between California residents entered into and to be performed within California.
The above copyright notice and this permission notice shall be included in all
copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE
AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,
OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE
SOFTWARE.