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before distributing this software. Unless you have a different license
agreement signed by AlphaCom Software your use of this software
indicates your acceptance of this license agreement and
warranty. AlphaCom Software has the right to grant any licenses
for any distributors based solely on AlphaCom Software`s decision.
1. COMMON TERMS AND CONDITIONS
1.1. You may not modify the SOFTWARE or disable any licensing or
control features of the SOFTWARE except as an intended part of the
SOFTWARE`s programming features. This license is not transferable
to any other hardware product or other company, entity, or
1.2. OWNERSHIP. The SOFTWARE is owned and copyrighted by
AlphaCom Software. Your license confers no title or ownership in the
SOFTWARE and should not be construed as a sale of any right in the
1.3. COPYRIGHT. The SOFTWARE is protected by United States copyright
law and international treaty provisions. You acknowledge that no
title to the intellectual property in the SOFTWARE is transferred
to you. You further acknowledge that title and full ownership rights
to the SOFTWARE will remain the exclusive property of AlphaCom Software
and you will not acquire any rights to the SOFTWARE except as
expressly set forth in this license. You agree that any copies
of the SOFTWARE will contain the same proprietary notices which
appear on and in the SOFTWARE.
1.4. REVERSE ENGINEERING. You agree that you will not attempt to
reverse compile, modify, translate, or disassemble the SOFTWARE
in whole or in part.
1.5. UNAUTHORIZED USE. You may not use, copy, rent, lease, sell,
modify, decompile, disassemble, otherwise reverse engineer, or
transfer the SOFTWARE except as provided in this agreement. Any
such unauthorized use shall result in immediate and automatic
termination of this license.
1.6. BUNDLING. In no case may this product be bundled with
hardware or other non-evaluation copy of software without written
permission from AlphaCom Software.
1.7. DISTRIBUTION. Permission to distribute the SOFTWARE is not
transferable, assignable, saleable, or franchisable. Each entity
wishing to distribute the package must independently satisfy the
terms of the distribution license.
1.8. U.S. GOVERNMENT INFORMATION. Use, duplication, or disclosure by
the U.S. Government of the computer software and documentation in this
package shall be subject to restrictions as set forth in subparagraph
(c)(1)(ii) of the Rights in Technical Data and Computer Software clause at
DFARS 252.277-7013 (Oct 1988) and FAR 52.227-19 (Jun 1987). The
Contractor is AlphaCom Software.
1.9. NO OTHER WARRANTIES. DOES NOT WARRANT
THAT THE SOFTWARE IS ERROR FREE. AlphaCom Software DISCLAIMS ALL
OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE, EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY MAY LAST, OR THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS
WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY
ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO
1.10. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT
SHALL AlphaCom Software OR ITS SUPPLIERS BE LIABLE TO YOU FOR
ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT
DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY,
PERFORMANCE OR USE OF THE SOFTWARE, EVEN IF AlphaCom Software
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN
NO EVENT WILL AlphaCom Software`s LIABILITY FOR ANY CLAIM,
WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF
LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, IF ANY.
1.11. ENTIRE AGREEMENT. This is the entire agreement between
you and AlphaCom Software which supersedes any prior agreement or
understanding, whether written or oral, relating to the subject
matter of this license.
1.12. RESERVED RIGHTS. All rights not expressly granted here are
reserved to AlphaCom Software.
THE SOFTWARE IS PROVIDED TO LICENSEE "AS IS". ALL EXPRESS
OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES,
INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY,
SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT
THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
THIS SOFTWARE IS NOT FAULT TOLERANT AND SHOULD NOT BE
USED IN ANY ENVIRONMENT WHICH REQUIRES THIS, SUCH AS
ON-LINE CONTROL OF AIRCRAFT.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, AUTHOR`S
AGGREGATE LIABILITY TO LICENSEE OR TO ANY THIRD PARTY FOR
CLAIMS RELATING TO THIS AGREEMENT, WHETHER FOR BREACH
OR IN TORT, WILL BE LIMITED TO THE FEES PAID BY
LICENSEE FOR SOFTWARE WHICH IS THE SUBJECT MATTER OF
THE CLAIMS. IN NO EVENT WILL AUTHOR BE LIABLE FOR ANY
INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGE IN CONNECTION WITH OR ARISING OUT OF THIS
AGREEMENT (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS,
USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT
ARISES, WHETHER FOR BREACH OR IN TORT, EVEN IF AUTHOR
HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE. LIABILITY FOR DAMAGES WILL BE LIMITED AND
EXCLUDED, EVEN IF ANY EXCLUSIVE REMEDY PROVIDED FOR IN
THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.
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