READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTWARE MEDIA PACKAGE. BY INSTALLING OR USING THE SOFTWARE, , YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE.
1. LICENSE TO USE. New Fire grants you a
non-exclusive and non-transferable license for the internal use
only of the accompanying software and documentation and any error
corrections provided by New Fire (collectively
"Software"), by the number of users and the class of
computer hardware for which the corresponding fee has been paid.
2. RESTRICTIONS Software is confidential and copyrighted. Title
to Software and all associated intellectual property rights is
retained by New Fire and/or its licensors. Except as specifically
authorized in any Supplemental License Terms, you may not make
copies of Software, other than a single copy of Software for
archival purposes. Unless enforcement is prohibited by applicable
law, you may not modify, decompile, reverse engineer Software.
Software is not designed or licensed 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. You warrant that you will
not use Software for these purposes. No right, title or interest
in or to any trademark, service mark, logo or trade name of New
Fire or its licensors is granted under this Agreement.
3. LIMITED WARRANTY. New Fire warrants to you that for a period
of ninety (90) days from the date of purchase, as evidenced by a
copy of the receipt, the media on which Software is furnished (if
any) will be free of defects in materials and workmanship under
normal use. Except for the foregoing, Software is provided
"AS IS". Your exclusive remedy and New Fire's entire
liability under this limited warranty will be at New Fire's
option to replace Software media or refund the fee paid for
Software.
4. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT,
ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND
WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE
DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD
TO BE LEGALLY INVALID.
5. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW,
IN NO EVENT WILL NEW FIRE OR ITS LICENSORS BE LIABLE FOR ANY LOST
REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL,
INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE
THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR
INABILITY TO USE SOFTWARE, EVEN IF NEW FIRE HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. In no event will New Fire's
liability to you, whether in contract, tort (including
negligence), or otherwise, exceed the amount paid by you for
Software under this Agreement. The foregoing limitations will
apply even if the above stated warranty fails of its essential
purpose.
6. Termination. This Agreement is effective until terminated. You
may terminate this Agreement at any time by destroying all copies
of Software. This Agreement will terminate immediately without
notice from New Fire if you fail to comply with any provision of
this Agreement. Upon Termination, you must destroy all copies of
Software.
7. Export Regulations. All Software and technical data delivered
under this Agreement are subject to US export control laws and
may be subject to export or import regulations in other
countries. You agree to comply strictly with all such laws and
regulations and acknowledge that you have the responsibility to
obtain such licenses to export, re-export, or import as may be
required after delivery to you.
8. U.S. Government Restricted Rights. Use, duplication, or
disclosure by the U.S. Government is subject to restrictions set
forth in this Agreement and as provided in DFARS 227.7202-1 (a)
and 227.7202-3(a) (1995), DFARS 252.227-7013 (c)(1)(ii)(Oct
1988), FAR 12.212 (a) (1995), FAR 52.227-19 (June 1987), or FAR
52.227-14(ALT III) (June 1987), as applicable.
9. Governing Law. Any action related to this Agreement will be
governed by California law and controlling U.S. federal law. No
choice of law rules of any jurisdiction will apply.
10. Severability. If any provision of this Agreement is held to
be unenforceable, This Agreement will remain in effect with the
provision omitted, unless omission would frustrate the intent of
the parties, in which case this Agreement will immediately
terminate.
11. Integration. This Agreement is the entire agreement between
you and New Fire relating to its subject matter. It supersedes
all prior or contemporaneous oral or written communications,
proposals, representations and warranties and prevails over any
conflicting or additional terms of any quote, order,
acknowledgment, or other communication between the parties
relating to its subject matter during the term of this Agreement.
No modification of this Agreement will be binding, unless in
writing and signed by an authorized representative of each party.
For inquiries please contact: inquiry@newfire.com
These supplemental terms ("Supplement")
add to the terms of the Software License Agreement
("Agreement"). Capitalized terms not definedherein
shall have the same meanings ascribed to them in the
Agreement.The Supplement terms shall supersede any inconsistent
or conflicting terms in the Agreement.
1. Limited License Grant. New Fire grants to you a non-exclusive,
non-transferable limited license to use the Software without fee
for evaluation of the Software provided that you: (i) may not
re-distribute the Software in whole or in part, either separately
or included with a product. (ii) may not modify or extend the
functionality of Software.
2. Trademarks and Logos. This Agreement does not authorize
Licensee to use any New Fire name, trademark or logo.
3. High Risk Activities. Notwithstanding Section 2, with respect
to high risk activities, the following language shall apply: 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. New Fire disclaims any
express or implied warranty of fitness for such uses.
4. Source Code. Software may contain source code that is provided
solely for reference purposes pursuant to the terms of this
Agreement.
These supplemental terms ("Supplement")
add to the terms of the Software License Agreement
("Agreement"). Capitalized terms not definedherein
shall have the same meanings ascribed to them in the
Agreement.The Supplement terms shall supersede any inconsistent
or conflicting terms in the Agreement.
1. Limited License Grant. New Fire grants to you a non-exclusive,
non-transferable limited license to use the Software for
evaluation or upon purchase of the Software provided that you:
(i) may not re-distribute the Software in whole or in part,
either separately or included with a product. (ii) may not modify
or extend the functionality of Software.
2. Trademarks and Logos. This Agreement does not authorize
Licensee to use any New Fire name, trademark or logo.
3. High Risk Activities. Notwithstanding Section 2, with respect
to high risk activities, the following language shall apply: 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. New Fire disclaims any
express or implied warranty of fitness for such uses.
4. Source Code. Software may contain source code that is provided
solely for reference purposes pursuant to the terms of this
Agreement.