2 Orglab EULA

OrglabEULA

ENGLISH

ORIGINLAB CORPORATION
SOFTWARE LICENSE AGREEMENT FOR ORGLAB

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING
THE DEVELOPER SOFTWARE (DEFINED BELOW). BY USING THE DEVELOPER SOFTWARE, YOU
ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO
THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE. IF YOU DO NOT AGREE TO THE
TERMS OF THE LICENSE, YOU MAY RETURN THE DEVELOPER SOFTWARE TO THE PLACE WHERE
YOU OBTAINED IT FOR A REFUND. IF THE DEVELOPER SOFTWARE WAS ACCESSED
ELECTRONICALLY, CLICK "DISAGREE/DECLINE". FOR DEVELOPER SOFTWARE INCLUDED WITH
YOUR PURCHASE OF HARDWARE, YOU MUST RETURN THE ENTIRE HARDWARE/SOFTWARE
PACKAGE IN ORDER TO OBTAIN A REFUND.

IMPORTANT NOTE:  This software may be used to reproduce, modify, publish and
distribute materials.  It is licensed to you only for reproduction,
modification, publication and distribution of non-copyrighted materials,
materials in which you own the copyright, or materials you are authorized or
legally permitted to reproduce, modify, publish and distribute.  If you are
uncertain about your right to copy, modify, publish and distribute any
material you should contact your legal advisor.

1. General. The software tools, utilities, sample or example code,
documentation, fonts and other materials accompanying this License, whether on
disk, print or electronic documentation, in read only memory, or any other
media, (collectively, the "Developer Software") are licensed, not sold, to you
by OriginLab Corporation ("OriginLab") and/or OriginLab's licensors. The
rights granted herein are limited to OriginLab's and/or OriginLab's licensor's
respective intellectual property rights in the Developer Software and do not
include any other patents or intellectual property rights. You own the media
on which the Developer Software is recorded but OriginLab and/or OriginLab's
licensor(s) retain ownership of their respective portions of the Developer
Software itself.  The terms of this License will govern any software upgrades
provided by OriginLab that replace and/or supplement the original Developer
Software, unless such upgrade is accompanied by a separate license in which
case the terms of that license will govern.

2. Permitted License Uses and Restrictions.
A. Developer Software. You may make only as many internal use copies of the
Developer Software as reasonably necessary to use the Developer Software as
permitted under this License and distribute such copies only to your employees
whose job duties require them to so use the Developer Software; provided that
you reproduce on each copy of the Developer Software or portion thereof, all
copyright or other proprietary notices contained on the original.

B. Distribution.  Licensee may not resell, rent, lease, distribute or
otherwise use the Developer Software in any way that would compete with
OriginLab's Origin and OriginPro products.

C. Other Restrictions. Except as and only to the extent expressly permitted
by this License, by applicable licensing terms governing use of the Sample
Code, or to the extent that the following restrictions are prohibited by
applicable law, you may not copy, decompile, reverse engineer, disassemble,
attempt to derive the source code of the Developer Software, modify, decrypt,
create derivative works of, incorporate into or compile in combination with
your own programs, sublicenses or otherwise redistribute the Developer
Software.

NFR (Not for Resale) and Evaluation Copies: Notwithstanding other sections of
this License, Developer Software labeled or otherwise provided to you on a
promotional basis may only be used for demonstration, testing and evaluation
purposes and may not be resold or transferred.

3. Termination. This License is effective until terminated. Your rights under
this License will terminate automatically without notice from OriginLab if you
fail to comply with any term(s) of this License. In addition, OriginLab
reserves the right to terminate this License if a new version of the Developer
Software is released which is incompatible with this version of the Developer
Software. Upon the termination of this license, you shall cease all use of the
Developer Software and destroy all copies, full or partial, of the Developer
Software.

4. Limited Warranty on Media (if any). OriginLab warrants the media on which
the Developer Software is recorded and delivered by OriginLab to be free from
defects in materials and workmanship under normal use for a period of ninety
(90) days from the date of original retail purchase. Your exclusive remedy
under this Section shall be, at OriginLab's option, a refund of the purchase
price of the product containing the Developer Software or replacement of the
Developer Software which is returned to OriginLab or an OriginLab authorized
representative with a copy of the receipt. THIS LIMITED WARRANTY AND ANY
IMPLIED WARRANTIES ON THE MEDIA INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, AND OF FITNESS FOR A
PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO (90) DAYS FROM THE DATE OF
ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW
LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THE LIMITED WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY MADE TO YOU AND IS
PROVIDED IN LIEU OF ANY OTHER WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION,
PACKAGING OR OTHERWISE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS,
AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.

5. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF
THE DEVELOPER SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO
SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR
THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, THE DEVELOPER SOFTWARE IS PROVIDED "AS IS", WITH
ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ORIGINLAB AND ORIGINLAB'S
LICENSORS (COLLECTIVELY REFERRED TO AS "ORIGINLAB" FOR THE PURPOSES OF SECTIONS
6 AND 7) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE
DEVELOPER SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF
SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF
QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ORIGINLAB DOES NOT
WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE DEVELOPER SOFTWARE,
THAT THE FUNCTION CONTAINED IN THE DEVELOPER SOFTWARE WILL MEET YOUR
REQUIREMENTS, THAT THE OPERATION FO THE DEVELOPER SOFTWARE WILL BE
UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE DEVELOPER SOFTWARE WILL BE
CORRECTED. YOU FURTHER ACKNOWLEDGE THAT THE DEVELOPER SOFTWARE IS NOT INTENDED
OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OF, OR
ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE
DEVELOPER SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVER PHYSICAL OR
ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR
FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL,
LIFE SUPPORT OR WEAPONS SYSTEMS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN
BY ORIGINLAB OR AN ORIGINLAB AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
SHOULD THE DEVELOPER SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF
ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY
RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO
YOU.

6. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT
SHALL ORIGINLAB BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, BUSINESS INTERRUPTION
OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR
USE OR INABILITY TO USE THE DEVELOPER SOFTWARE, HOWEVER CAUSED, REGARDLESS OF
THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF ORIGINLAB
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT
ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event
shall OriginLab's total liability to you for all damages (other than as may be
required by applicable law in cases involving personal injury) exceed the
amount of fifty dollars ($50.00). The foregoing limitations will apply even if
the above stated remedy fails of its essential purpose.

7. Export Control. You may not use or otherwise export or reexport the
Developer Software except as authorized by United States law and the laws of
the jurisdiction(s) in which the Developer Software was obtained. In
particular, but without limitation, the Developer Software may not be exported
or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the
U.S. Treasury Department's list of Specially Designated Nationals or the U.S.
Department of Commerce Denied Person's List or Entity List. By using the
Developer Software, you represent and warrant that you are not located in any
such country or on any such list. You also agree that you will not use the
Developer Software for any purposes prohibited by United States law, including,
without limitation, the development, design, manufacture or production of
nuclear, chemical or biological weapons.