LIMITED LICENSE GRANT
This License applies to all versions of the PD4ML software source code and its accompanying files, data and materials (collectively “Sources”). You should carefully read the following terms and conditions before using, installing, copying, or distributing this sources. Unless you have a different license agreement signed by PD4ML, your use, installation, copying, or distribution of Sources 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 or copy of Sources with which this License is included.
LICENSE TO USE. PD4ML grants you a non-exclusive and non-transferable license for the use of the accompanying Sources and documentation and any error corrections provided by PD4ML, by the following conditions:
Licensed Copy of Sources may be used installed on an unlimited number of your development workstations.
RESTRICTIONS. Sources are confidential and copyrighted. Title to Sources and all associated intellectual property rights are hereby retained by PD4ML. You acknowledge that Sources are 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 compile Sources (changed or not changed by you) to binary form, provided that you:
- do not remove or alter any proprietary legends or notices contained in the Sources,
- do not distribute Sources with (or without) your Program,
- distribute the resulting binary code only under conditions of PD4ML SOFTWARE SITE LICENSE AGREEMENT (at no extra cost)
SOURCE CODE UPDATES. Upon licensing, PD4ML grants you non-exclusive, non-transferable right to get updates of the Sources. You are eligible for receiving such updates under the terms of this license during two years after the date of the Software purchase.
ASSIGNMENT. This agreement may not be assigned or delegated by either party without prior written consent of the other party, which consent shall not be unreasonably withheld, except that either party may, with notice to the other, make such an assignment or delegation if it is incidental to a corporate reorganization, or the sale of substantially all of it’s assets or stock or a major segment of its business.
TERMINATION. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of Sources. 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 Sources.
DISCLAIMER OF WARRANTY. THE SOFTWARE SOURCES ARE 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 SOURCES, 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.