1. GRANT OF LICENSE
NetComputing grants to you the non-exclusive and non-transferrable right to use one copy of AnyJ (the “PROGRAM”) exclusively for Non-commercial and evaluation Purposes (as hereafter defined). NetComputing shall have no obligation to make the PROGRAM available on any other operating system. "Non-commercial Purposes" means use other than for commercial or business purposes. Educational institution use and non-profit entity use of the PROGRAM are each deemed to be for commercial or business purposes. However, use of a single-person home office is not deemed to be for commercial or business purposes. This license does not entitle you to receive from NetComputing hard-copy documentation, technical support, telephone assistance, or enhancements or updates to the PROGRAM, except in the case of technical support to the limited extent set forth in Section 6 below. However, NetComputing may in its sole discretion furnish enhancements or updates to the PROGRAM through its Web site or any other distribution channel with or without charge. NetComputing intends to bring to market new versions of the PROGRAM approximately every 12 months and interim releases approximately every 4 months. Whether and when NetComputing brings new versions or interim releases to market shall be determined by NetComputing in its sole discretion.
2. COPYRIGHT
The PROGRAM is owned by NetComputing or its suppliers or licensors and is protected by copyright laws and international treaty provisions. Therefore, you may not use, copy, or distribute the PROGRAM without authorization. You may not print copies of any user documentation provided in "online" or electronic form; provided, however, that you may print one copy exclusively for your personal reference of any or all such documentation.
3. OTHER RESTRICTIONS; INDEMNIFICATION
You may not rent, lease or otherwise transfer or encumber the PROGRAM in any way, even on a permanent basis retaining no copies and with the recipient agreeing to the terms of this Agreement. You may not sublicense all or any portion of the PROGRAM. You may not reverse engineer, decompile, disassemble or otherwise attempt to derive the source code for the PROGRAM. You may not modify, or create derivative works based upon the PROGRAM in whole or in part, including translation or localization. You may not remove or alter any trademark, logo, copyright or other proprietary notice, legend, symbol or labels in the PROGRAM, or publish any results of benchmark tests run on the PROGRAM to a third party without NetComputing's prior written consent. You hereby agree to indemnify NetComputing against and hold harmless NetComputing from any claims, lawsuits or other losses that arise out of your breach of this Section 3 or of any other provision of this Agreement.
4. NO WARRANTY
You acknowledge that you have not paid for this license granted hereby. Accordingly, the PROGRAM is supplied on an "as is" basis, and you will bear all risks as to quality and performance of the program. Without limiting the generality of the foregoing, (i) you assume the entire cost of any service or repair and of any damage resulting from the information contained in or compiled by the program, and (ii) you assume all responsibilities for selection of the program to achieve your intended results, and for the installation of, use of, and results obtained from the program. to the maximum extent permitted by applicable law, NetComputing disclaims all other warranties, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and noninfringement with respect to the program.
5. NO LIABILITY FOR CONSEQUENTIAL DAMAGES
To the maximum extent permitted by applicable law, in no event shall licensor or its suppliers or licensors be liable for any damages whatsoever arising out of the use or inability to use the program, even if NetComputing has been advised of the possibility of such damages. You acknowledge that the license granted hereby is limited to non-commercial purposes, and accordingly that you cannot suffer damages for loss of business profits, business interruption or loss of business information unless you yourself have breached this agreement. In no event shall NetComputing's total liability to you for all damages in any one or more causes of action exceed the amount paid by you, if any, for the program. this limitation shall apply regardless of the failure of any essential remedy. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
6. SERVICE AND SUPPORT
You acknowledge that NetComputing has made the PROGRAM available at no cost, and accordingly that the service and support that NetComputing offers the PROGRAM is limited to the following: the service or support, if any, that is freely available on NetComputing's Web site. You acknowledge the usefulness and value to you of an "issue list" or other service identifying known problems in use of the PROGRAM, if such a list were to be made available on such site at any time or from time to time. Accordingly, you agree not to use the existence or contents of any such list to support any claim of any nature against NetComputing.
7. TERMINATION
Without prejudice to any other rights, NetComputing may terminate this Agreement if you breach any of its terms and conditions. Upon termination, you shall immediately destroy all copies of the PROGRAM.
8. HIGH RISK ACTIVITIES
The PROGRAM is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the PROGRAM could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Accordingly, NetComputing and its suppliers and licensors specifically disclaim any express or implied warranty of fitness for High Risk Activities. You agree that NetComputing and its suppliers and licensors will not be liable for any claims or damages arising from the use of the PROGRAM in such applications.
9. GENERAL
This Agreement is the entire agreement between you and NetComputing and supersedes any other communications or advertising with respect to the PROGRAM or related documentation. This Agreement may be amended only by a writing signed by both parties. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof.