GB-OS System Software License|
GTA-LIC-GB2008 READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE USING THIS SOFTWARE OR THE ACCOMPANYING USER DOCUMENTATION (THE "PROGRAM"). THE PROGRAM IS COPYRIGHTED AND LICENSED (NOT SOLD). BY USING THE PROGRAM, YOU ARE ACCEPTING AND AGREEING TO THE TERMS OF THIS LICENSE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, PROMPTLY RETURN THE UNUSED PROGRAM WITHIN TEN (10) DAYS AND YOU WILL RECEIVE A FULL REFUND OF THE AMOUNTS YOU PAID FOR THE USE OF THE PROGRAM. Global Technology Associates, Inc. License Agreement for GB-OS 16 February 2009 The enclosed Licensed Program ("Software") from Global Technology Associates, Inc. ("GTA") contains modules contributed by or licensed from other third parties. Copyrights in the Software are claimed by GTA, The Regents of the University of California (the "Regents") and other contributors as indicated by proprietary notices located within their respective modules. Copyright 1996-2009 Global Technology Associates, Inc. All rights reserved. 1. License Grant. Under the terms of this license, you are hereby granted and you accept a non-exclusive license to use the Software and the accompanying user documentation ("User's Guide") only as authorized in this license agreement. This license agreement allows you to run one copy of the Software on a single system (the "System") only. In addition, you may make copies of the Software in machine- readable form for backup purposes only in the event that the supplied Media are damaged or destroyed. All copies of the Software must be kept in your possession and are the property of GTA. Any such copies of the Software and the User's Guide shall include the GTA copyright notice and other proprietary notices as contained in the original materials licensed to you. Except as authorized under this paragraph, no copies of the Software or User's Guide or any portions thereof may be made by you or any person under your authority or control. 2. Restrictions. You agree that you will not assign, sublicense, transfer, pledge, lease, rent, or share your rights under this License Agreement. You agree that you may not reverse engineer, reverse assemble, reverse compile, or otherwise translate the Software. You may not modify, distribute or create derivative works based on the Software in whole or part. You agree that you may not reverse engineer, reverse assemble or attempt to duplicate any copy protection mechanism. 3. Licensor's Rights. You acknowledge and agree that the Software and the User's Guide are proprietary products of GTA and/or GTA's licensors protected under U.S. Copyright law. You further agree that all right, title and interest in and to the Software, including associated intellectual property rights, are and shall remain with GTA and/or GTA's licensors. 4. Term. This license will terminate immediately without notice from GTA if you fail to comply with any provision of this license agreement. Upon such termination, you agree to return to GTA or destroy all copies of the Software and User's Guide, along with any backup or other copies in your possession and a signed statement to the effect that no other customer-made copies are in existence. 5. Limited Warranty. 5.1. GTA warrants, for your benefit alone, that the Media on which the Software is contained is free from defects in material and workmanship under normal use for a period of thirty (30) days from the date of delivery (referred to as the "Warranty Period"). GTA's entire liability and your exclusive remedy if the Media is defective, and which is returned to GTA, shall be the replacement of the Software during the warranty period. 5.2. GTA warrants, for your benefit alone, that during the Warranty Period the Software shall operate substantially in accordance with the functional specifications in the User's Guide. If during the Warranty Period, a defect in the Software appears, GTA's sole obligation under this warranty shall be limited to either replacement of the Software or using reasonable efforts to correct such defects and provide you with a corrected version of such Software as soon as practicable after you have notified GTA of such defects. GTA does not warrant that operation of any of the Software shall be error-free or uninterrupted or the Software will meet your requirements. 5.3. This Limited Warranty is void, if failure of the Software or Media is the result of accident, abuse or misapplication. 5.4. Except for the warranties set forth above, the Software is licensed "as is" and GTA specifically disclaims any and all other warranties, whether express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. 6. Limitation of Liability. In no event shall GTA's cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement exceed the amount paid by you for use of the Software. IN NO EVENT SHALL GTA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR LOST PROFITS, EVEN IF GTA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 7. Trademark. GNAT Box is a registered trademark of GTA. No right, license, or interest to such trademark is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to such trademark. 8. U.S. Government Restricted Rights. The Licensed Program is "Restricted Computer Software" as that term is defined in Clause 55.227-19 of the Federal Acquisition Regulations ("FAR") and is "Commercial Computer Software" as that term is defined in Subpart 227.401 of the Department of Defense Federal Acquisition Regulation Supplemental ("DFARS"). If the Licensed Program is supplied to the Department of Defense ("DoD"), it is classified as "Commercial Computer Software" and the Government is acquiring only "restricted rights" in the Licensed Program and its documentation as that term is defined in Clause 252.227-7013 of the DFARS. If the Licensed Program is supplied to any unit or agency of the United States Government other than the DoD, the Government's rights in it and its documentation will be as defined in Clause 55.227-7013. Where the terms and conditions of this Software License Agreement conflict in any manner with the FAR or DFARS, the terms and conditions specified herein shall take precedence. Under the terms of this license, you are required to include the foregoing restrictions in all license agreements with the United Stated government or any subdivision thereof and in all sublicense agreements with other third parties which permit further sublicense of the Licensed Program for eventual end-use by the United States government or any subdivision thereof. 9. Governing Law and Severability. This license agreement shall be governed by and construed in accordance with the laws of the State of Florida. Should any term of this license agreement, or portion thereof, be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms thereof. 10. Compliance with Law; Export. You agree not to export or re-export the Software and other technical data received from GTA (i) into (or to a national or resident of) Cuba, Iraq, Libya, Sudan, 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 Denial Orders. By 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. 11. Complete Agreement. You acknowledge that you have read this agreement and understand it and agree to be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the agreement between GTA and you which supersedes any proposal or prior written agreement, oral or written, and any other communications between us relating to the subject matter of this agreement. No amendment to or modification of this agreement will be binding unless in writing and signed by a duly authorized representative of GTA. 12. The Regents Copyright and Disclaimer. © Copyright 1979, 1980, 1983, 1986, 1988, 1989, 1991, 1992, 1993, 1994 The Regents of the University of California. All rights reserved. This product includes software developed by the University of California, Berkeley and its contributors. THIS SOFTWARE IS PROVIDED BY THE REGENTS AND CONTRIBUTORS ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE REGENTS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. The views and conclusions contained in the software and documentation are those of the authors and should not be interpreted as representing official policies, either expressed or implied, of the Regents of the University of California.