BEFORE YOU USE THIS PACKAGE KNOWN AS 'PNFS', YOU SHOULD CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY USING THE PACKAGE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, PROMPTLY DESTROY ALL YOUR COPIES OF THIS PACKAGE.
License: Subject to the provisions contained herein, DESY-DMG, a subdivision of the DEUTSCHES ELEKTRONEN SYNCHROTRON (DESY), grants to you a non-exclusive, non-transferable license to use its proprietary computer software product in executable and source format and the standard documentation contained in the package.
Title: Title, ownership right , and intellectual property rights in and to the software and Documentation shall remain in DESY. The Software is provided for your own internal use under this license.
Restrictions: You may not: (1) reproduce (other than for backup purposes), distribute, rent, lend, lease or sublicense all or any portion of the Software; (2) modify or prepare derivative works of the Software; (3) reverse engineer, decompile, or disassemble the Software; or (4) remove any proprietary notices, labels, or marks on the Software.
Udates: This license does not grant you any right, or interest in, or to any improvements, modifications, enhancements, or updates to the Software. Updates, if available, may be obtained by you at DESY current standard terms and conditions, or under terms of a seperate software support agreement.
Limited Warranty: We do not warrant the contents of the software or that it will be error free. The Software is provided "AS IS" and without warranty as to the performance or results you may obtain by using the software. The entire risk as to the results and performance of the Software is assumed by you.
Disclaimer of Warranty: THE WARRANTIES IN THIS AGREEMENT REPLACE ALL OTHER WARRANTIES, AND DESY DISCLAIMS ALL OHTER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHATIABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO DESY AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY.
Limitation of liability: IN NO EVENT WILL DESY BE LIABLE FOR ANY DAMAGES, INCLUDING LOSS OF DATA, LOST PROFITS, COST OF COVER OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTAIL, OR INDIRECT DAMAGES ARISING FROM THE USE OF THE SOFTWARE, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF DESY HAS BEEN ADVISED TO THE POSSIBILITY OF SUCH DAMAGES, THE PARTIES ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK.
Notwithstanding the foregoing, DESY assumes no liability for infringement claims arising from combination of the software with other products, or the modification of the software unless usch modification was made or authorized by DESY.
Disclaimer: THE FOREGOING STATES THE ENTIRE LIABILITY AND OBLIGATIONS OF DESY AND YOUR EXCLUSIVE REMEDY, WITH RESPECT TO ANY ALLEGED OR ACTUAL INFRINGEMENT OF PATENTS, COPYRIGHTS, TRADE SECRETS, TRADEMARKS, OF OTHER INTELLECTUAL PROPERTY RIGHTS BY THE SOFTWARE.
Termination: This agreement is effective until terminated. You may terminate it at any time by destroying the Software, including all computer programs and documentation, and erasing all copies residing on computer equipment. This agreement also will terminate if you do not comply with any terms or conditions of the agreement. Upon such termination, you agree to destroy the Software and erase all copies residing on computer equipment.
Miscellaneous: This Agreement represents the entire agreement concerning this license between the parties concerning your use of the Software. This Agreement supersedes any prior verbal understandings. This agreement is made in accordance with and shall be governed and construed under the laws of Germany. This agreement is not assignable or transferable by you.
Export: You agree that neither the Software nor any part thereof is being or will be shipped, transferred or re-exported, directly or indirectly, into any country prohibited by the German Export Administration Act and the regulations thereunder or will be used for any purposes prohibited by the Act.