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MICROWIND SOFTWARE LICENSE


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PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING THE SOFTWARE. BY USING
THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE.
IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, PROMPTLY RETURN THE
SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT AND YOUR MONEY WILL BE
REFUNDED.

IF YOU HAVE OBTAINED THIS SOFTWARE AS AN UPDATE TO SOFTWARE FOR WHICH


YOU HAVE PREVIOUSLY OBTAINED A LICENSE, THE TERMS OF THAT PRIOR LICENSE
WILL CONTINUE TO CONTROL YOUR USE OF THE SOFTWARE. IF YOU ARE A
QUALIFIED UNIVERSITY USER, YOU MAY OBTAIN AN EXTENSION OF THIS LICENSE
BY REGISTERING WITH THE MICROWIND UNIVERSITY PROGRAM.

LIMITED WARRANTY AND DISCLAIMER

MICROWIND WARRANTS THAT, FOR A PERIOD OF SIXTY(60) DAYS FROM THE DATE OF
DELIVERY TO YOU OF THE SOFTWARE AS EVIDENCED BY A COPY OF YOUR RECEIPT,
THE MEDIA ON WHICH THE SOFTWARE IS FURNISHED WILL, UNDER NORMAL USE, BE
FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP.

SUBJECT TO APPLICABLE LAWS: (1) MICROWIND'S AND ITS LICENSORS' ENTIRE


LIABILITY TO YOU AND YOUR EXCLUSIVE REMEDY UNDER THIS WARRANTY WILL BE
FOR MICROWIND, AT ITS OPTION, AFTER RETURN OF THE DEFECTIVE SOFTWARE
MEDIA, TO EITHER REPLACE SUCH MEDIA OR TO REFUND THE PURCHASE PRICE PAID
THEREFORE AND TERMINATE THIS LICENSE; (2) EXCEPT FOR THE ABOVE EXPRESS
LIMITED WARRANTY, THE SOFTWARE IS PROVIDED TO YOU "AS IS"; (3) MICROWIND
AND ITS LICENSORS MAKE AND YOU RECEIVE NO OTHER WARRANTIES OR
CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND MICROWIND
SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-
INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. MICROWIND DOES NOT
WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR
REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE
UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE
CORRECTED. FURTHERMORE, MICROWIND DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING USE OR THE RESULTS OF THE USE OF THE SOFTWARE
IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.

LIMITATION OF LIABILITY

SUBJECT TO APPLICABLE LAWS: (1) IN NO EVENT WILL MICROWIND OR ITS


LICENSORS BE LIABLE FOR ANY LOSS OF DATA, LOST PROFITS, COST OF
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY SPECIAL,
INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING FROM THE USE OR
OPERATION OF THE SOFTWARE OR ACCOMPANYING DOCUMENTATION, HOWEVER CAUSED
AND ON ANY THEORY OF LIABILITY; (2) THIS LIMITATION WILL APPLY EVEN IF
MICROWIND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; (3) THIS
LIMITATION SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL
PURPOSE OF ANY LIMITED REMEDIES HEREIN. THE LIMITATIONS OF REMEDIES AND
DAMAGES IN THIS SOFTWARE LICENSE SHALL NOT APPLY TO PERSONAL INJURY
(INCLUDING DEATH) TO ANY PERSON CAUSED BY MICROWIND'S NEGLIGENCE AND ARE
SUBJECT TO THE PROVISION SET OUT BELOW UNDER THE HEADING "GOVERNING
LAW".

1. LICENSE. MICROWIND, INSA. ("MICROWIND") HEREBY GRANTS YOU A


NONEXCLUSIVE LICENSE TO USE THE APPLICATION, DEMONSTRATION, AND SYSTEM
SOFTWARE INCLUDED ON THIS DISK, DISKETTE, TAPE OR CD ROM, AND RELATED
DOCUMENTATION (THE "SOFTWARE") SOLELY FOR YOUR USE. YOU OWN THE MEDIA
ON WHICH THE SOFTWARE IS RECORDED, BUT MICROWIND AND ITS LICENSORS
RETAIN TITLE TO THE SOFTWARE AND TO ANY PATENTS, COPYRIGHTS, TRADE
SECRETS AND OTHER INTELLECTUAL PROPERTY RIGHTS THEREIN.

2. REGISTRATION AND TRANSFER. EACH LICENSED USER MUST REGISTER


WITH MICROWIND, AND THE SOFTWARE MAY BE USED SOLELY BY SUCH LICENSED
USER, PROVIDED THAT ANY LICENSED USER MAY INSTALL A COPY OF THE SOFTWARE
ON MULTIPLE COMPUTERS, NONE OF WHICH WILL BE USED SIMULTANEOUSLY BY SUCH
USER. YOU MAY TRANSFER THE SOFTWARE, INCLUDING ANY BACKUP COPY OF THE
SOFTWARE YOU MAY HAVE MADE, THE RELATED DOCUMENTATION, AND A COPY OF
THIS LICENSE TO ANOTHER USER ONLY WITH MICROWIND'S CONSENT (WHICH SHALL
NOT BE UNREASONABLY WITHHELD), AND PROVIDED (I) THE SUBSEQUENT USER
READS AND AGREES TO ACCEPT THE TERMS AND CONDITIONS OF THIS LICENSE AND
REGISTERS WITH MICROWIND, AND (II) YOU RETAIN NO COPIES OF THE SOFTWARE
YOURSELF.

3. RESTRICTIONS. THE SOFTWARE CONTAINS COPYRIGHTED MATERIAL, TRADE


SECRETS, AND OTHER PROPRIETARY INFORMATION. IN ORDER TO PROTECT THEM
YOU MAY NOT DECOMPILE, REVERSE ENGINEER, DISASSEMBLE, OR OTHERWISE
REDUCE THE SOFTWARE TO A HUMAN-PERCEIVABLE FORM. YOU AGREE NOT FOR ANY
PURPOSE TO TRANSMIT THE SOFTWARE OR DISPLAY THE SOFTWARE'S OBJECT CODE
ON ANY COMPUTER SCREEN OR TO MAKE ANY HARD COPY MEMORY DUMPS OF THE
SOFTWARE'S OBJECT CODE. YOU MAY NOT MODIFY OR PREPARE DERIVATIVE WORKS
OF THE SOFTWARE IN WHOLE OR IN PART. YOU MAY NOT PUBLISH OR DISCLOSE THE
RESULTS OF ANY BENCHMARKING OF THE SOFTWARE, OR USE SUCH RESULTS FOR
YOUR OWN COMPETING SOFTWARE DEVELOPMENT ACTIVITIES, WITHOUT THE PRIOR
WRITTEN PERMISSION OF MICROWIND. YOU MAY NOT MAKE ANY COPIES OF THE
SOFTWARE, EXCEPT TO THE EXTENT NECESSARY TO BE USED ON SEPARATE NON-
SIMULTANEOUS COMPUTERS AS PERMITTED HEREIN, AND ONE COPY OF THE SOFTWARE
IN MACHINE-READABLE FORM FOR BACKUP PURPOSES ONLY. YOU MUST REPRODUCE ON
EACH COPY OF THE SOFTWARE THE COPYRIGHT AND ANY OTHER PROPRIETARY
LEGENDS THAT WERE ON THE ORIGINAL COPY OF THE SOFTWARE.

4. TERM; TERMINATION. THIS LICENSE IS EFFECTIVE FOR GETTING


UPDATES AND UPGRADES FOR ONE (1) YEAR FROM YOUR PURCHASE OF THE
SOFTWARE. IF YOU WISH TO EXTEND THIS LICENSE UPDATES, YOU MUST CONTACT
MICROWIND OR ITS AUTHORIZED SALES AND/OR DISTRIBUTION REPRESENTATIVES TO
DETERMINE THE ADDITIONAL FEES, TERMS AND CONDITIONS WHICH MAY BE
APPLICABLE TO SUCH AN EXTENDED TERM. YOU MAY TERMINATE THIS LICENSE AT
ANY TIME BY DESTROYING THE SOFTWARE AND ALL COPIES THEREOF. THIS
LICENSE WILL TERMINATE IMMEDIATELY WITHOUT NOTICE FROM MICROWIND IF YOU
FAIL TO COMPLY WITH ANY PROVISION OF THIS LICENSE.

5. GOVERNMENTAL USE. THE SOFTWARE IS COMMERCIAL COMPUTER SOFTWARE


DEVELOPED EXCLUSIVELY AT MICROWIND'S EXPENSE WITH YOUR USAGE
RESTRICTIONS. MANUFACTURER IS MICROWIND, INSA, ON ITS REGISTERED
ADDRESS.

6. EXPORT RESTRICTION. YOU AGREE THAT YOU WILL NOT EXPORT OR RE-
EXPORT THE SOFTWARE, REFERENCE IMAGES OR ACCOMPANYING DOCUMENTATION IN
ANY FORM WITHOUT THE APPROPRIATE GOVERNMENT LICENSES. YOUR FAILURE TO
COMPLY WITH THIS PROVISION IS A MATERIAL BREACH OF THIS LICENSE.

7. THIRD PARTY BENEFICIARY. YOU UNDERSTAND THAT PORTIONS OF THE


SOFTWARE AND RELATED DOCUMENTATION HAVE BEEN LICENSED TO MICROWIND FROM
THIRD PARTIES AND THAT SUCH THIRD PARTIES ARE INTENDED THIRD PARTY
BENEFICIARIES OF THE PROVISIONS OF THIS LICENSE.

8. INTEROPERABILITY. EVEN IF YOU BELIEVE YOU REQUIRE INFORMATION


RELATED TO THE INTEROPERABILITY OF THE SOFTWARE WITH OTHER PROGRAMS, YOU
SHALL NOT DECOMPILE OR DISASSEMBLE THE SOFTWARE TO OBTAIN SUCH
INFORMATION, AND YOU AGREE TO REQUEST SUCH INFORMATION FROM MICROWIND AT
THE ADDRESS LISTED ABOVE. UPON RECEIVING SUCH A REQUEST, MICROWIND SHALL
DETERMINE WHETHER YOU REQUIRE SUCH INFORMATION FOR A LEGITIMATE PURPOSE
AND, IF SO, MICROWIND WILL PROVIDE SUCH INFORMATION TO YOU WITHIN A
REASONABLE TIME AND ON REASONABLE CONDITIONS.

9. GENERAL. IF FOR ANY REASON A COURT OF COMPETENT JURISDICTION


FINDS ANY PROVISION OF THIS LICENSE, OR PORTION THEREOF, TO BE
UNENFORCEABLE, THAT PROVISION OF THE LICENSE SHALL BE ENFORCED TO THE
MAXIMUM EXTENT PERMISSIBLE SO AS TO EFFECT THE INTENT OF THE PARTIES,
AND THE REMAINDER OF THIS LICENSE SHALL CONTINUE IN FULL FORCE AND
EFFECT. THIS LICENSE CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE
PARTIES WITH RESPECT TO THE USE OF THIS SOFTWARE AND RELATED
DOCUMENTATION, AND SUPERSEDES ALL PRIOR OR CONTEMPORANEOUS
UNDERSTANDINGS OR AGREEMENTS, WRITTEN OR ORAL, REGARDING SUCH SUBJECT
MATTER.

MICROWIND,
135, Avenue of Rangueil
31077 TOULOUSE Cedex- 4, France.
Such : +33 5 61 55 98 42
Fax : +33 5 61 55 98 00
www.microwind.net
sales@microwind.net

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