"Affiliate" shall mean any entity which is controlled by, is in control of or under common control with Licensee. For purposes of this definition, "control" means the direct or indirect beneficial ownership of over fifty percent (50%) of the voting interests (representing the right to vote for the election of directors or other managing authority) in an entity.
"End User(s)" shall mean any end user of Licensee's Software as well as any combination of the types of users of Licensee's Software.
"Licensee's Software" shall mean current or future software products and software content of Licensee and Licensee's Affiliates, including a new version or release of such products that contains some or all of the Redistributables by integrating, embedding, bundling, or incorporating the Redistributables.
LIMITED LICENSE GRANT
This License applies to all versions of the software and its accompanying files, data and materials (collectively "Software"). You should carefully read the following terms and conditions before using, installing, copying, or distributing this software. Unless you have a different license agreement signed by PD4ML, your use, installation, copying, or distribution of Software indicates your acceptance of this agreement ("License").
If you do not agree to all of the terms and conditions of this License, then do not use, install, copy, or distribute any copy of Software with which this License is included.
LICENSE TO USE. PD4ML grants you ("Licensee") and Licensee's Affiliates a non-exclusive and non-transferable license for the use of the accompanying software and documentation and any error corrections provided by PD4ML, by the following conditions:
Licensed Copy of Software may be used installed on an unlimited number of Licensee's development workstations.
Licensed Copy of Software (excluding software source code) may be bundled and distributed to End User(s) as integral part of Licensee's Software.
RESTRICTIONS. Software is copyrighted. Title to Software and all associated intellectual property rights are hereby retained by PD4ML. Unless enforcement is prohibited by applicable law, you may not modify, decompile, or reverse engineer Software. You acknowledge that Software is not designed, licensed or intended for use in the design, construction, operation or maintenance of any nuclear facility.
In addition to these license terms set, PD4ML grants you a non-exclusive, non-transferable, limited license to reproduce and distribute the Software in binary code form only, provided that you:
- distribute Software (modified or not modified) only bundled as integral part of Licensee's Software,
- do not distribute Software source code with (or without) Licensee's Software,
- do not remove or alter any proprietary legends or notices contained in the Software,
- only distribute the Software subject to a license agreement that protects PD4ML interests consistent with the terms contained in license.
SOFTWARE UPDATES. Upon licensing, PD4ML grants you non-exclusive, non-transferable right to incorporate updates of the Software. You are eligible for receiving such updates under the terms of this license during one year after the date of the Software purchase.
TERMINATION. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of Software. This Agreement will terminate immediately without notice from PD4ML if you fail to comply with any provision of this Agreement. Upon Termination, you must destroy all copies of Software.
DISCLAIMER OF WARRANTY. THE SOFTWARE IS PROVIDED "AS IS," WITHOUT A WARRANTY OF ANY KIND.
ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED.
LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL PD4ML BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY ARISING OUT OF THE USE OF, INABILITY TO USE OR DOWNLOADING OF THE SOFTWARE, EVEN IF PD4ML HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF THIS LIMITATION IS NOT ALLOWED BY YOUR RESPECTIVE LAW THEN CONTACT PD4ML TO CHECK IF THE LIMITATION CAN BE RELAXED IN YOUR CASE. THE RELAXATION CAN ONLY BE GIVEN BY WRITTEN CONSENT.
