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THIS IS A LEGAL AGREEMENT BETWEEN YOU AND SCALABLE SOFTWARE, INC. BEFORE CONTINUING WITH THE INSTALLATION OF THE PROGRAM, YOU MUST READ, ACKNOWLEDGE AND ACCEPT THE TERMS AND CONDITIONS OF THE SOFTWARE LICENSE AGREEMENT WHICH FOLLOWS. WHEN PROMPTED, PLEASE INDICATE WHETHER YOU ACCEPT OR DO NOT ACCEPT. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THE SOFTWARE LICENSE, YOU MAY NOT USE THE SOFTWARE AND YOU DO NOT BECOME A LICENSEE UNDER THIS AGREEMENT.
SCALABLE SOFTWARE LICENSE
1. GRANT OF LICENSE. Scalable Software, Inc. ("SCALABLE") grants to you (“Licensee”), the end user, non-exclusive and non-transferable license to reproduce and use for personal or internal business purposes the executable code version of the Software Product (the “Software”), provided any copy must contain all of the original Proprietary notices.
2. PROPRIETARY RIGHTS. The Software (including any copy thereof) is owned by SCALABLE or its suppliers and is protected by United States copyright and patent laws and international treaty provisions. The Software copy is licensed and you are not an owner of any copy thereof. SCALABLE hereby reserves all rights not explicitly granted in this license agreement.
3. OTHER RESTRICTIONS. You may not rent or lease the Software, but you may transfer the Software on a permanent basis provided you retain no copies and the recipient agrees to the terms of this license agreement. Except as provided in paragraph 1, you may not modify or translate the Software. You may not reverse engineer, decompile or disassemble the Software, except to the extent expressly authorized by applicable law.
4. FEES. There is no license fee for the Software. If Licensee wishes to receive the Software on media, there may be a small charge for the media and for shipping and handling. Licensee is responsible for any and all taxes.
5. DISCLAIMER OF WARRANTY. THE SOFTWARE IS PROVIDED FREE OF CHARGE AND ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES THAT THE SOFTWARE IS FREE OF DEFECTS, VIRUS FREE, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. LICENSOR AND ITS SUPPLIERS HAVE NO LIABILITY WITH RESPECT TO USE OF THE SOFTWARE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS BORNE BY LICENSEE, WHO ASSUMES THE ENTIRE COST OF ANY SERVICE AND REPAIR. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. SCALABLE AND ITS SUPPLIERS MAKE NO OTHER CONDITIONS OR WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND EXPRESSLY DISCLAIM ALL OTHER CONDITIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT FOR THE SOFTWARE AND DOCUMENTATION, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
6. LIMITED LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO LEGAL THEORY SHALL SCALABLE OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY COSTS OF SUBSTITUTE PRODUCTS, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE LICENSE OF, USE OF, OR INABILITY TO USE ANY SCALABLE SOFTWARE OR DOCUMENTATION, EVEN IF SCALABLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SCALABLE`S OR ITS SUPPLIERS` LIABILITY EXCEED THE LICENSE FEE, IF ANY, PAID BY YOU. THIS LIMITATION OF LIABILITY IS REFLECTED IN THE PRICE OF THE SOFTWARE LICENSE AND SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY SET FORTH HEREIN.
7. TERM. This license agreement is effective until terminated. You may terminate it at any time by destroying the Software together with all copies, modifications and merged portions in any form. It will also terminate automatically upon your failure to comply with any term or condition of this license agreement. In the event of such termination, you agree to promptly destroy the Software together with all copies, modifications, merged portions and accompanying materials in any form.
8. MISCELLANEOUS. This is the entire agreement between you and SCALABLE, and supersedes any prior agreement, whether written or oral, relating to the subject matter of this license agreement. The parties disclaim the application of the United Nations Convention on the International Sale of Goods. This license agreement is governed by the laws of the State of Texas, U.S.A., without reference to conflict of laws principles. All disputes arising out of this license agreement shall be litigated or otherwise resolved exclusively in the state of Texas. You may not export or re-export the Software or documentation without the appropriate United States or foreign government licenses. If any provision of this license agreement is ruled invalid, such invalidity shall not affect the validity of the remaining portions of this license agreement.
9. U.S. GOVERNMENT RESTRICTED RIGHTS. The Software and accompanying documentation are deemed to be "commercial computer software" and "commercial computer software documentation," respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, modification, reproduction release, performance, display or disclosure of the Software and accompanying documentation by the U.S. Government shall be governed solely by the terms of this license agreement and shall be prohibited except to the extent expressly permitted by the terms of this license agreement.
You must affix the following legend to each copy of the Software:
"Use, duplication, reproduction, or transfer of this commercial software and accompanying documentation is restricted in accordance with FAR 12.212 and DFARS 227.7202 and by a license agreement. Contact Legal Department, Scalable Software, Inc., 14100 Southwest Freeway, Suite 400, Sugar Land, Texas 77478 U.S.A."