eula.txt

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12. U.S. GOVERNMENT RESTRICTED RIGHTS LEGEND.  The Software and Documentation have been developed entirely at private expense.  Use, duplication or disclosure of the Software by the U.S. Government is subject to restrictions as set forth in FAR 52.227-19(c) or subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 52.227-7013 and/or in similar or successor clauses in the FAR, or the DOD or NASA FAR supplement.  Unpublished-rights reserved under the Copyright Laws of the United States.  
 
END OF LICENSE AGREEMENT

 
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LUMIGENT TECHNOLOGIES 
LOG EXPLORER(R) GUIDED TOUR
SOFTWARE LICENSE AGREEMENT
 
**IMPORTANT**
 
Please read this document carefully.  This is a legal agreement between you, as either an individual or an employee or authorized agent of a legal entity ("Licensee"), and Lumigent Technologies, Inc. ("Lumigent"), for the use of a software program known as Log Explorer(R) Guided Tour (the "Software").

BY CLICKING THE ACCEPTANCE BUTTON, YOU REPRESENT AND AGREE THAT (i) YOU ARE AT LEAST 18 YEARS OF AGE, (ii) YOU ARE AUTHORIZED TO CONSENT TO THESE TERMS ON BEHALF OF LICENSEE, AND (iii) LICENSEE CONSENTS TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS LICENSE AGREEMENT, YOU MUST NOT USE THE SOFTWARE AND MUST IMMEDIATELY IRREVOCABLY DESTROY THE SOFTWARE AND DOCUMENTATION.

THE SOFTWARE IS PROTECTED BY COPYRIGHT LAWS AND INTERNATIONAL COPYRIGHT TREATIES, AS WELL AS OTHER INTELLECTUAL PROPERTY LAWS AND TREATIES.  THE SOFTWARE IS LICENSED, NOT SOLD.
 
TERMS AND CONDITIONS OF SOFTWARE LICENSE AGREEMENT
 
1. GRANT OF LICENSE; USE RESTRICTIONS; OBLIGATIONS OF LICENSEE.
    Lumigent shall provide Licensee with a noncommercial copy ("Free Version") of the Software and any necessary documentation and instructions on how to use the Software. Lumigent shall furnish Licensee with free use of the Software during the term of this License Agreement, as defined in Section 6. Software may only be used with properly licensed Lumigent(R) Log Explorer(R) software (in evaluation mode or full mode).
    
    Subject to the terms and conditions of this License Agreement, Lumigent grants Licensee a nonexclusive, nontransferable license to use the Software. Licensee's rights and license hereunder shall apply only to the Free Version of the Software; Licensee shall have no right or license hereunder to use any commercial version of the Software.
 
    For Licensee's internal corporate use only, Licensee may distribute, use, or permit the distribution or use of the Software or any accompanying installation program(s) via an internal website, electronic bulletin board or other remote access arrangement. Licensee agrees that it shall not modify, port, adapt, translate, localize, reverse compile, decrypt, extract, disassemble, or otherwise reverse engineer or attempt to discover the source code of any portion of the Software, including any HTML or SQL text or files accompanying or incorporated into the Software. Licensee agrees that it shall not prepare derivative works of the Software.
 
Licensee shall not use the Software for any purpose except as expressly authorized in this Section 1.
 
2. COPY RESTRICTIONS.
    Licensee may only make copies of the Software and any accompanying installation program(s) to support the right to use licensed herein. Licensee agrees that all copies of the Software shall be owned by Lumigent, shall be considered Software subject to this License Agreement, and shall include the same proprietary and copyright notices and legends as supplied by Lumigent and its licensors.
 
3. OWNERSHIP OF SOFTWARE.
    Licensee agrees that no title to the Software, or the intellectual property in any of the Software, or in any Software copy, is transferred to Licensee, and that all rights not expressly granted to Licensee hereunder are reserved by Lumigent. This License Agreement is not a sale of the original Software or any copy or portion thereof.
 
4. TRANSFER RESTRICTIONS.
    Neither this License Agreement, nor any part thereof, may be transferred to a third party without the prior written consent of Lumigent. Except as provided above, or with Lumigent's prior written consent, neither this License Agreement nor any rights or obligations under this License Agreement, in whole or in part, shall be sublicensed, assigned or otherwise transferred and any attempt to sublicense, assign or transfer this License Agreement or any rights or obligation under this License Agreement shall be null and void.
 
5. EXPORT RESTRICTIONS.
    You may not export or re-export the Software or any copy or adaptation in violation of any applicable laws or regulations. Licensee agrees that Licensee does not intend to, and will not, without the prior written approval, if required, of the Office of Export Administration of the U.S. Department of Commerce, Washington, D.C. 20230, transmit either directly or indirectly, any portion of the Software to any country for which such approval is required. This software is subject to the U.S. Export Administration Regulations and other U.S. law, and may not be exported or re-exported to certain countries (currently Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria) or to persons or entities prohibited from receiving U.S. exports (including Denied Parties, Specially Designated Nationals, and entities on the Bureau of Export Administration Entity List or involved with missile technology or nuclear, chemical, or biological weapons).
 
6. TERM AND TERMINATION.
Lumigent may terminate your Grant of License (under Section 1) and/or this License Agreement upon notice for failure to comply with any of these License Agreement terms.  Upon termination, you must immediately destroy the Software, together with all copies, in any form.  Licensee may terminate this License Agreement by destroying the Software, together with all copies in any form. The restrictions and obligations contained in Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, and 11 shall survive any expiration or termination of this License Agreement
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7. GOVERNING LAW; DISPUTES.
    This License Agreement shall be governed by and interpreted in accordance with the laws of The Commonwealth of Massachusetts, excluding its choice of law rules. Lumigent and Licensee hereby agree that any dispute regarding the interpretation or validity of, or otherwise arising out of, this License Agreement, or relating to the Software licensed hereunder shall be subject to the exclusive jurisdiction of the state courts in Suffolk County, Massachusetts (or, if there is federal jurisdiction, the United States District Court for the Commonwealth of Massachusetts), and Lumigent and Licensee agree to submit to the personal and exclusive jurisdiction and venue of these courts.
 
8. INTEGRATION.
    This License Agreement is the entire agreement between Licensee and Lumigent relating to Software and: (i) supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to its subject matter; and (ii) prevails over any conflicting or additional terms of any quote, order, acknowledgment, or similar communication between parties during the term of this License Agreement. No modification to this License Agreement will be binding, unless in writing and signed by a duly authorized representative of Lumigent and Licensee.
 
9. SEVERABILITY.
    If any provision of this contract is found, by a court of competent jurisdiction, to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and all other provisions shall remain in effect.
 
10.  DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
    Disclaimer of Warranty: Licensee understands and acknowledges that the Software is noncommercial software and its accuracy, reliability, and compatibility with Log Explorer are not guaranteed. Owing to the Software's noncommercial nature, Licensee is advised not to rely exclusively on the Software for any reason. Licensee waives any and all claims it may have against Lumigent arising out of the performance or nonperformance of the Software. 
 
    THE SOFTWARE IS PROVIDED AS IS, AND LUMIGENT DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
 
    Lumigent shall not be responsible for any loss or damage to Licensee or any third parties caused by the Software or by Lumigent's performance of this License Agreement.
 
    LUMIGENT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, WHETHER BASED ON CONTRACT OR TORT OR ANY OTHER LEGAL THEORY, ARISING OUT OF ANY USE OF THE SOFTWARE OR ANY PERFORMANCE OF THIS LICENSE AGREEMENT.
 
11.  U.S. GOVERNMENT RESTRICTED RIGHTS LEGEND
    The Software and Documentation have been developed entirely at private expense. Use, duplication or disclosure of the Software by the Government is subject to restrictions as set forth in FAR 52.227-19(c) or subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 52.227-7013 and/or in similar or successor clauses in the FAR, or the DOD or NASA FAR supplement. Unpublished-rights reserved under the Copyright Laws of the United States.
 
END OF LICENSE AGREEMENT
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