IMPORTANT NOTICE: THIS IS A LEGAL CONTRACT. BY TYPING "YES" WHERE ASKED TO DO SO ON THE INSTALLATION SCREEN YOU ARE SIGNALING YOUR AGREEMENT TO ABIDE BY ALL OF THE TERMS AND CONDITIONS APPEARING BELOW. DO NOT TYPE "YES" ON THE INSTALLATION SCREEN IF YOU DO NOT AGREE TO ALL OF THE TERMS. RATHER, RETURN THE SOFTWARE TO YOUR PLACE OF PURCHASE FOR A FULL REFUND.
1. License and Restrictions on Use.
1.1 Magic grants you a personal, non-exclusive license to use the enclosed software (the "Software") to create and maintain one Telescript engine )as that term is defined in the accompanying documentation) at any given time. You may transfer the Software to a single PC or workstation hard disk so to create and maintain the Telescript engine. You may also make one copy of the Software for your own back-up and archival needs. You may transfer the Software to another person or company on a permanent basis provided that you (i) you retain no copies of the Software, (ii) the recipient agrees in a signed writing to the terms and conditions in this Contract and (iii) you forward the signed writing to the Magic Legal Department at the address listed below.
1.2 Except as expressly stated above, you may not use, reproduce, modify, or transfer the Software or documentation in any form for any purpose. You may not reverse compile, disassemble or otherwise reverse engineer the Software (except to the extent applicable laws specifically prohibit such restriction). Except as expressly granted above, Magic and its suppliers retain all right, title and interest in the Software and documentation, including all copies of the Software made by you. You must reproduce on all copies of the Software and documentation created by you, Magic's copyright notice and any other proprietary rights notices that were on the original copy of the enclosed Software.
2. Limited Warranty. Magic represents to you (and not to any transferee) that for the ninety days after your receipt of the Software (the "Warranty Period"), the media on which the Software is stored is free from physical defect. General Magic's entire obligation and your entire remedy under the above warranty is, at General Magic's option, to replace the media or to refund your purchase price and terminate this Agreement. The above warranty is void if the failure of the media resulted from accident, abuse or misapplication. The content of the Software is provided "AS-IS." Magic does not warrant that the Software is error free or will operate without interruption of loss of data. MAGIC AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. Any surviving implied warranties on the Software are limited to the Warranty Period. This limited warranty gives you specific legal rights. You may have other rights, the existence of which varies from jurisdiction to jurisdiction.
3. Support. Magic will provide you with thirty days of free end user support regarding the Software. The thirty days starts on the day you first register your software with Magic. This support consists of (i) access to Magic's Tabriz Web page, which contains FAQs, tech. notes, links to user news groups, etc. (ii) access to Magic's support web page (Magic will use reasonable efforts to provide you with support for questions within twenty-four hours of submission to Magic via e-mail) and (iii) access to upgrades and patches via Magic's support web page. Upon the expiration of the free thirty day support period Magic will continue to provide you for free with the support listed under item (i) above. Additional support is available for a fee.
4. Export Control. You agree to not export the Software or documentation to any country in violation of the United States Export Administration Act and regulations thereunder. None of the Software or documentation, or any underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.
5. Disclaimer of Liability. IN NO EVENT SHALL MAGIC OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT, WHETHER THE CLAIM IS BASED IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
6. Term and Termination. This Agreement and the licenses granted herein are effective until terminated. You may terminate this Agreement and all of the licenses granted herein by destroying all copies of the Software in your possession. This Agreement will terminate automatically and immediately if you violate any of its terms or conditions.
7. High Risk Activities. The Software is not designed or intended for use in on-line control of aircraft, air traffic, aircraft navigation or aircraft communications; or in the design, construction, operation or maintenance of any nuclear facility. Magic disclaims any express or implied warranty of fitness for such use. You agree that you will not knowing use or transfer to any third party to use the Software for such purposes.
8. Miscellaneous. This Agreement constitutes the entire Agreement with respect to the subject matter hereof and supersedes all prior or contemporaneous oral or written Agreements concerning such subject matter. This Agreement will be governed by and construed in accordance with the laws of the State of California, as applied to Agreements entered into and to be performed entirely within California by California residents.
9. U.S. Government Restricted Rights. For defense agencies: The Software is classified as "Commercial Computer Software" and the Government is acquiring only "restricted rights" in the Software and the documentation as that term is defined in Clause (c)(1) of DFAR section 2.52.227-7013 and its successors. For all other Governmental agencies: The Government's rights to the Software and accompanying documentation will be as defined in Clause 52.227-19 (c)(2) of the FAR and its successors, or, in the case of NASA, in Clause 18-52.227-86(d) of the NASA Supplement to the FAR and its successors.
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Patent Pending: Several novel aspects of the Software are subject to pending patent protection
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