NOTICE TO USER: THIS IS A CONTRACT. PLEASE READ IT CAREFULLY. BY INSTALLING THIS SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SOFTWARE. IF YOU DO NOT ACCEPT THIS AGREEMENT AND HAVE PROOF OF PAYMENT, YOU MAY RETURN THE UNUSED SOFTWARE TO THE LOCATION AT WHICH YOU ACQUIRED IT WITHIN THIRTY (30) DAYS FOR A REFUND OF THE LICENSE FEE OR IF PURCHASED DIRECTLY FROM AGENTSHEETS, INC., YOU SHOULD RETURN IT TO AGENTSHEETS, INC. AT 6560 GUNPARK DR., SUITE D, BOULDER, CO 80301 WITH PROOF OF PAYMENT WITHIN THIRTY (30) DAYS FOR A REFUND OF THE LICENSE FEE. 1.
Use of the Software.
1.1. You may install one copy of the Software onto a hard disk or other storage device up to the Permitted Number of Computers.
1.2. You may install one copy of the Software on a single file server for the purpose of downloading and installing the Software onto a hard disk or other storage device of up to the Permitted Number of Computers that are on the same network as the file server. No other network use is permitted.
1.3. You may make one backup copy of the Software, provided your backup copy is not installed or used on any computer.
1.4. HOME USE. The primary user of each computer on which the Software is installed may also install the Software on one home computer. However, the Software may not be used on the home computer at the same time the Software on the primary computer is being used.
1.5. APPLICATIONS AND APPLETS. Unless stated otherwise in the Documentation, you may display, modify, reproduce, and distribute any of the Applications included with the Software. However, you may not distribute the Applications on a stand-alone basis, i.e., in circumstances in which the Stock Files constitute the primary value of the product being distributed. You should review the "Read Me" files associated with the Applications that you use to ascertain what rights you have with respect to such materials. Applications may not be used in the production of libelous, defamatory, fraudulent, infringing, lewd, obscene, or pornographic material or in any otherwise illegal manner. You may not register or claim any trademark rights in the Applications or derivative works thereof.
1.6 DISTRIBUTION OF CONTENT. End-user generated projects converted through the use of the Ristretto tool into Java applets can be distributed, permitted that the AgentSheets marks and links to the AgentSheets web site are left intact. The marks include references to "AgentSheets" and "Ristretto" as well as the AgentSheets logo. If these marks are removed you need to contact AgentSheets, Inc., 6560 Gunpark Dr., Suite D, Boulder, CO 80301 to negotiate a royalty-based license agreement.
2. Copyright. The Software and any copies that you make are owned by AgentSheets Inc., and its structure, organization, and code are the valuable trade secrets of AgentSheets. The Software is also protected by Copyright Law and International Treaty provisions. You must treat the Software just as you would any other copyrighted material, such as a book. You may not copy the Software, except as set forth in the "Use of the Software" section. Any copies that you are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Software. You agree not to modify, adapt, or translate the Software. You also agree not to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Software. Trademarks shall be used in accordance with accepted trademark practice, including identifications of trademark owners' names. Trademarks can only be used to identify printed output produced by the Software and such use does not give you any right of ownership in that trademark. Except as stated above, this Agreement does not grant you any intellectual property rights in the Software. This Agreement provides the terms and conditions under which you are licensed to use the Software. It is not an agreement for the sale of the Software to you, and ownership of the Software shall be and remain in AgentSheets, Inc.
3. Transfer. You may not rent, lease, sublicense, or lend the Software. You may, however, transfer all of your rights to use the Software to another person or legal entity provided (1) that you transfer this Agreement, the Software, including all copies, updates, and prior versions, to such person or entity, (2) that you retain no copies, including copies stored on a computer, and (3) that the receiving party accepts the terms and conditions of this Agreement and such terms and conditions shall apply to and be binding upon such receiving party.
4. Multiple Environment Software/Multiple Language Software/Dual Media Software/Multiple Copies/Updates. If the Software supports multiple platforms or languages, you receive the Software on multiple media, or you otherwise receive multiple copies of the Software, the number of computers on which all versions of the Software are installed may not exceed the Permitted Number of Computers. You may not rent, lease, sublicense, lend, or transfer versions or copies of the Software you do not use. If the Software is an Update to a previous version of the Software, you must possess a valid license to such previous version to use the Update, and you may use the previous version for ninety (90) days after you receive the Update to assist you in the transition to the Update. After such time you no longer have a license to use the previous version, except for the sole purpose of enabling you to install the Update.
5. Limited Warranty. AgentSheets warrants to you that the Software will perform substantially in accordance with the Documentation for the ninety (90) day period following your receipt of the Software. To make a warranty claim, you must return the Software to the location where you obtained it along with proof of purchase with such ninety (90) day period. If the Software does not perform substantially in accordance with the Documentation, the entire liability of AgentSheets and your exclusive remedy shall be limited to either, at AgentSheets's option, the replacement of the Software or the refund of the license fee you paid for the Software. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR AGENTSHEETS' BREACH OF WARRANTY. THE LIMITED WARRANTY SET FORTH IN THIS SECTION GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION. For further warranty information, please contact AgentSheets' Customer Support Department.
6. DISCLAIMER OF WARRANTIES. EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 5, AGENTSHEETS MAKES NO WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. AGENTSHEETS DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties are limited to ninety (90) days.
7. Limitation of Liability. IN NO EVENT WILL AGENTSHEETS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A REPRESENTATIVE OF AGENTSHEETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
8. Governing Law and General Provisions. This Agreement will be governed by the laws in force in the State of Colorado excluding the application of its conflicts of law rules. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. You agree that the Software will not be shipped, transferred, or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions, or regulations. This Agreement shall automatically terminate upon failure by you to comply with its terms, in which event you must destroy all copies of the Software. This Agreement may only be modified by a writing signed by an authorized officer of AgentSheets, although AgentSheets may vary the terms of this Agreement in connection with the licensing of any Updates to you.
9. Notice to U.S. Government End Users. The Software and Documentation are "Commercial Items," as that term is defined at 48 C.F.R. ß 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 CFR. ß 12.212 or 48 C.F.R. ß 227.7202, as applicable. Consistent with 48 C.F.R. ß 12.212 or 48 C.F.R. ßß 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (A) only as Commercial Items and (B) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States. AgentSheets, Inc., 6560 Gunpark Dr., Suite D, Boulder, CO 80301.
10. Compliance with Licenses. If you are a business or organization, you agree that upon request of AgentSheets or AgentSheets' authorized representative, you will within thirty (30) days fully document and certify that your use of any and all AgentSheets software at the time of the request is in conformity with your valid licenses from AgentSheets.
11. DIGITOOL, INC. ("DIGITOOL") AND ITS LICENSOR MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING MCL. DIGITOOL AND ITS LICENSOR DO NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF MCL IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF MCL IS ASSUMED BY YOU. THE EXCLUSION OF IMPLIED WARRANTIES IS NOT PERMITTED BY SOME STATES. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
12. IN NO EVENT WILL DIGITOOL, ITS LICENSOR, THEIR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE MCL EVEN IF DIGITOOL AND/OR ITS LICENSOR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Digitool's and its licensor's liability to you for actual damages for any cause whatsoever, and regardless of the form of the action (whether in contract, tort (including negligence), product liability or otherwise), will be limited to $50
13. DIGITOOL holds the copyright to MCL. AgentSheets is built in Macintosh Common Lisp ("MCL").
14. User agrees not to use AgentSheets as general Lisp programming environment.