TRAINING SOFTWARE OBJECT CODE LICENSE
FIRMWORKS IS WILLING TO LICENSE THIS SOFTWARE PRODUCT TO YOU ("Customer") ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT. READ THE TERMS AND CONDITIONS OF THIS LICENSE CAREFULLY BEFORE INSTALLING AND/OR USING THIS PRODUCT. BY INSTALLING AND/OR USING THIS PRODUCT, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THIS AGREEMENT, RETURN THE PRODUCT UNUSED WITHIN FIFTEEN (15) DAYS OF RECEIPT.
1. LICENSE TO USE
Customer is granted a non-exclusive and non-transferable license ("License") to use the accompanying software in machine-readable form, together with accompanying documentation ("Software"), on a single computer system on which the Software can be used by only one user at a time. Customer may install the Software using its standard installation procedure on only one computer system at a time. Customer may use the Software only for purposes of preparing for and participating in FirmWorks training classes. Customer may make one copy of the machine-readable portion of the Software for backup and archival purposes only, provided that Customer affixes to such copy all copyright, confidentiality and proprietary rights notices that appear in or on the original.
The Software is copyrighted and title to all copies is retained by FirmWorks and/or its licensors. Except as expressly authorized above, Customer shall not make copies of the Software. Unless enforcement of this provision is prohibited by applicable law, Customer shall not modify, decompile, disassemble, decrypt, extract, or otherwise reverse engineer the Software. The Software is not designed or licensed for use in on-line control equipment in hazardous environments such as operation of nuclear facilities, aircraft navigation or control, or direct life support machines.
The Software is confidential and proprietary information of FirmWorks and/or its licensors. Customer agrees to take adequate steps to protect the Software from unauthorized disclosure or use.
4. DISCLAIMER OF WARRANTY
THE SOFTWARE IS PROVIDED WITHOUT CHARGE FOR TRAINING PURPOSES ONLY. THE SOFTWARE IS PROVIDED "AS IS". ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. THE SOFTWARE DOES NOT CONSTITUTE "CONSUMER GOODS" FOR THE PURPOSES OF THE LAWS OR REGULATIONS OF ANY GOVERNMENTAL, REGULATORY OR SIMILAR AUTHORITY.
5. LIMITATION OF LIABILITY
IN NO EVENT WILL FIRMWORKS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF FIRMWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall FirmWorks’s liability to Customer, whether in contract, tort (including negligence), or otherwise, exceed the sum of U.S.$1,000.00.
This License is effective until one week after the last day of the class for which it was provided by FirmWorks, unless terminated earlier. Customer may terminate this License at any time by destroying all copies of the Software including any documentation. This License will terminate immediately without notice from FirmWorks if Customer fails to comply with any provisions of this License. Upon expiration or termination, Customer must destroy all copies of the Software and return the original distribution media to FirmWorks.
7. EXPORT REGULATIONS
The Software, including technical data, is subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. Customer agrees to comply with all such regulations and acknowledges that it has the responsibility to obtain licenses to export, re-export, or import the Software.
8. U.S. GOVERNMENT RESTRICTED RIGHTS
If Customer is acquiring the Software, including accompanying documentation, on behalf of the U.S. Government, the following provisions apply. If the Software is supplied to the Department of Defense ("DOD"), the Software is subject to "Restricted Rights", as that term is defined in the DOD Supplement to the Federal Acquisition Regulations ("DFAR") in paragraph 252.227-7013(c)(1). If the Software is supplied to any unit or agency of the United States Government other than DOD, the Government’s rights in the Software will be as defined in paragraph 52.227-19(c)(2) of the Federal Acquisition Regulations ("FAR"). Use, duplication, reproduction or disclosure by the Government is subject to such restrictions or successor provisions. Contractor/Manufacturer is: FirmWorks, 4568 Darcelle Drive, Union City, California 94587-4740, U.S.A.
9. GOVERNING LAW
This License is made under, shall be governed by and construed in accordance with the laws of the State of California, U.S.A., excluding its choice of law provisions.
If any of the above provisions are held to be in violation of applicable law, void, or unenforceable in any jurisdiction, then such provisions are hereby waived to the extent necessary for the License to be otherwise enforceable in such jurisdiction. However, if in FirmWorks’s opinion deletion of any provisions of the License by operation of this paragraph unreasonably compromises the rights or liabilities of FirmWorks or its licensors, FirmWorks reserves the right to terminate the License and refund the fee paid by Customer as Customer’s sole and exclusive remedy.
This Agreement is the entire agreement between Customer and FirmWorks relating to the Software and: (i) supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to its subject matter; and (ii) prevails over any conflicting or additional terms of any quote, order, acknowledgment, or similar communication between the parties during the term of this Agreement. No modification to this Agreement will be binding, unless in writing and signed by a duly authorized representative of each party.
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