END USER LICENSE AGREEMENT
GRANT. Trout Software ("Trout") hereby grants
to you a non-exclusive license to use its accompanying software product
("Software") and accompanying documentation ("Documentation") on the
following terms:
You may: use the Software on any single computer; use the Software on a
second computer so long as the first and second computers are not used
simultaneously; or copy the Software for archival purposes, provided
any copy must contain all of the original Software's proprietary
notices.
You may not: permit other individuals to use the Software except under
the terms listed above; modify, translate, reverse engineer, decompile,
disassemble (except to the extent applicable laws specifically prohibit
such restriction), or create derivative works based on the Software or
Documentation; copy the Software or Documentation (except for back-up
purposes); rent, lease, transfer or otherwise transfer rights to the
Software or Documentation; or remove any proprietary notices or labels
on the Software or Documentation.
SOFTWARE. This license does not grant you any right
to any enhancement or update.
TITLE. Title, ownership rights, and intellectual property rights in and
to the Software and Documentation shall remain in Trout and/or its
suppliers. The Software is protected by the copyright laws of the
United States and international copyright treaties. Title, ownership
rights, and intellectual property rights in and to the content accessed
through the Software is the property of the applicable content owner
and may be protected by applicable copyright or other law. This License
gives you no rights to such content.
LIMITED WARRANTY. Trout does not warrant that your use of
the Software will be uninterrupted or that the operation of the
Software will be error-free or secure
THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY
TROUT. TROUT MAKES NO OTHER EXPRESS WARRANTY AND NO WARRANTY OF
NONINFRINGEMENT OF THIRD PARTIES' RIGHTS. THE DURATION OF IMPLIED
WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY
AND OF FITNESS FOR A PARTICULAR PURPOSE, IS LIMITED; SOME STATES DO NOT ALLOW LIMITATIONS ON HOW
LONG AN IMPLIED WARRANTY LASTS, SO LIMITATIONS MAY NOT APPLY TO YOU. NO
TROUT DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY
MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY. If any
modifications are made to the Software by you during the warranty
period; if the media is subjected to accident, abuse, or improper use;
or if you violate the terms of this Agreement, then this warranty shall
immediately be terminated. This warranty shall not apply if the
Software is used on or in conjunction with hardware or Software other
than the unmodified version of hardware and Software with which the
Software was designed to be used as described in the Documentation.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER
LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL TROUT OR ITS SUPPLIERS
OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK
STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
COMMERCIAL DAMAGES OR LOSSES, OR FOR ANY DAMAGES IN EXCESS OF
TROUT'S LIST PRICE FOR A LICENSE TO THE SOFTWARE AND DOCUMENTATION,
EVEN IF TROUT 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
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY
TO YOU.
TERMINATION. This license will terminate automatically if you fail to
comply with the limitations described above. On termination, you must
destroy all copies of the Software and Documentation.
EXPORT CONTROLS. None of the Software or underlying information or
technology may be downloaded or otherwise exported or reexported (i)
into (or to a national or resident of) Cuba, Iraq, Libya, Yugoslavia,
North Korea, Iran, Syria or any other country to which the U.S. has
embargoed goods; or (ii) to anyone on the U.S. Treasury Department's
list of Specially Designated Nationals or the U.S. Commerce
Department's Table of Deny Orders. By downloading or using the
Software, you are agreeing to the foregoing and you are representing
and warranting that you are not located in, under the control of, or a
national or resident of any such country or on any such list.
In addition, if the licensed Software is identified as a
not-for-export product (for example, on the box, media or in the
installation process), then the following applies: EXCEPT FOR EXPORT
TO CANADA FOR USE IN CANADA BY CANADIAN CITIZENS, THE SOFTWARE AND ANY
UNDERLYING TECHNOLOGY MAY NOT BE EXPORTED OUTSIDE THE UNITED STATES OR
TO ANY FOREIGN ENTITY OR "FOREIGN PERSON" AS DEFINED BY U.S.
GOVERNMENT REGULATIONS, INCLUDING WITHOUT LIMITATION, ANYONE WHO IS NOT
A CITIZEN, NATIONAL OR LAWFUL PERMANENT RESIDENT OF THE UNITED
STATES. BY DOWNLOADING OR USING THE SOFTWARE, YOU ARE AGREEING TO THE
FOREGOING AND YOU ARE WARRANTING THAT YOU ARE NOT A "FOREIGN PERSON" OR
UNDER THE CONTROL OF A FOREIGN PERSON.
MISCELLANEOUS. 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 by
a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE
ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE
TERMS SET FORTH HEREIN, AND NOT THOSE CONTAINED IN YOUR PURCHASE ORDER.
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, except as governed by Federal law. The application the
United Nations Convention of Contracts for the International Sale of
Goods is expressly excluded.
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 at DFARS
252.227-7013.
Manufacturer is Trout Software, 200
Ingleside Drive, Stamford, CT 06903.
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