MagniComp - End User License Agreement

GRANT. MagniComp grants you a non-exclusive license to use SysInfo version 4.0 and all subsequent versions called 4.0.X software (the "Software") free of charge for sixty (60) days for evaluation (the "Evaluation") and trial purposes only. After this period you agree to pay for this license as indicated in our catalog or you must cease use of the Software and remove (uninstall) it from any and all systems on which it was installed. If you are a full-time, non-profit educational institution or have non-profit, tax exempt status from the US government, this does not apply and you may use the Software free of charge.

This license does not entitle you to hard-copy documentation, support or telephone assistance. MagniComp reserves the right at any time to alter prices, features, specifications, capabilities, functions, licensing terms, general availability of the Software.

SCOPE OF GRANT:

You may:

• use the Software only on the number of computers you have indicated in your license request;
• use the Software on a network, provided the total number of computers which has access to the Software does not exceed the number of computers you have indicated in your license request;
• copy the Software for archival purposes, provided any copy must contain all of the original Software's proprietary notices.

You may not:

• modify or in any way disable any part of the Software which deals with enforcement of this License;
• permit other individuals to use the Software except under the terms listed above;
• use the Software on more than the licensed number of hosts indicated in your license request;
• modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), or create derivative works based on the Software;
• redistribute the Software as part of any for-profit product or service provided to a customer without prior written agreement;
• rent, lease, grant a security interest in, or otherwise transfer rights to the Software; or
• remove any proprietary notices or labels on the Software.

TITLE. Title, ownership rights, and intellectual property rights in the Software shall remain in MagniComp and/or its suppliers. The Software is protected by copyright and other intellectual property laws and by international treaties. Title and related rights in the content accessed through the Software is the property of the applicable content owner and may be protected by applicable law. This license gives you no rights to such content.

TERMINATION. The license will terminate automatically if you fail to comply with the limitations described herein. Upon termination of this license, you agree to destroy all copies of the Software.

DISCLAIMER OF WARRANTY. The Software is provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the Software is borne by you. Should the Software prove defective, you and not MagniComp or its suppliers assume the entire cost of any service and repair. In addition, the security mechanisms implemented by MagniComp software have inherent limitations, and you must determine that the Software sufficiently meets your requirements. This disclaimer of warranty constitutes an essential part of the agreement. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.

LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL MAGNICOMP OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL MAGNICOMP BE LIABLE FOR ANY DAMAGES, EVEN IF MAGNICOMP SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

HIGH RISK ACTIVITIES. The Software 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 Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). MagniComp and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.

MISCELLANEOUS. This Agreement represents the complete agreement concerning this license and may be amended only by a written agreement executed by both parties. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by California law (except for conflict of law provisions).