General Terms
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE PROGRAM. RAI WILL LICENSE THE PROGRAM TO YOU ONLY IF YOU FIRST ACCEPT THE TERMS OF THIS AGREEMENT. BY USING THE PROGRAM YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN THE UNUSED PROGRAM TO RAI.
The Program is owned by Relational Architects Inc (RAI) and is copyrighted and licensed, not sold.
The term "Program" means the original program and all whole or partial copies of it. A Program consists of machine-readable instructions, its components, data, audio-visual content (such as images, text, recordings, or pictures), and related licensed materials.
1. License
Use of the Program
RAI grants you a nonexclusive, nontransferable license to use the Program.
You may 1) use the Program only for internal evaluation, testing or demonstration purposes, on a trial or "try-and-buy" basis and 2) make and install a reasonable number of copies of the Program in support of such use, unless RAI identifies a specific number of copies in the documentation accompanying the Program. The terms of this license apply to each copy you make. You will reproduce the copyright notice and any other legends of ownership on each copy, or partial copy, of the Program.
THE PROGRAM MAY CONTAIN A DISABLING DEVICE THAT WILL PREVENT IT FROM BEING USED UPON EXPIRATION OF THIS LICENSE. YOU WILL NOT TAMPER WITH THIS DISABLING DEVICE OR THE PROGRAM. YOU SHOULD TAKE PRECAUTIONS TO AVOID ANY LOSS OF DATA THAT MIGHT RESULT WHEN THE PROGRAM CAN NO LONGER BE USED.
You will 1) maintain a record of all copies of the Program and 2) ensure that anyone who uses the Program does so only for your authorized use and in compliance with the terms of this Agreement.
You may not 1) use, copy, modify or distribute the Program except as provided in this Agreement; 2) reverse assemble, reverse compile, or otherwise translate the Program except as specifically permitted by law without the possibility of contractual waiver; or 3) sublicense, rent, or lease the Program.
This license begins with your first use of the Program and ends 1) as of the duration or date specified in the documentation accompanying the Program or 2) when the Program automatically disables itself. Unless RAI specifies in the documentation accompanying the Program that you may retain the Program (in which case, an additional charge may apply), you will destroy the Program and all copies made of it within ten days of when this license ends.
2. No Warranty
SUBJECT TO ANY STATUTORY WARRANTIES WHICH CANNOT BE EXCLUDED, RAI MAKES NO WARRANTIES OR CONDITIONS EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE WARRANTY OF NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE PROGRAM OR TECHNICAL SUPPORT, IF ANY. RAI MAKES NO WARRANTY REGARDING THE CAPABILITY OF THE PROGRAM TO CORRECTLY PROCESS, PROVIDE AND/OR RECEIVE DATE DATA WITHIN AND BETWEEN THE 20TH AND 21ST CENTURIES.
This exclusion also applies to any of RAI's subcontractors, suppliers or program developers (collectively called "Suppliers").
Manufacturers, suppliers, or publishers of non-RAI Programs may provide their own warranties.
3. Limitation of Liability
NEITHER RAI NOR ITS SUPPLIERS ARE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, OR ANY INCIDENTAL, SPECIAL, OR OTHER ECONOMIC CONSEQUENTIAL DAMAGES, EVEN IF RAI IS INFORMED OF THEIR POSSIBILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
4. General
Nothing in this Agreement affects any statutory rights of consumers that cannot be waived or limited by contract.
RAI may terminate your license if you fail to comply with the terms of this Agreement. If RAI does so, you must immediately destroy the Program and all copies you made of it.
You may not export the Program.
Neither you nor RAI will bring a legal action under this Agreement more than two years after the cause of action arose unless otherwise provided by local law without the possibility of contractual waiver or limitation.
Neither you nor RAI is responsible for failure to fulfill any obligations due to causes beyond its control.
There is no additional charge for use of the Program for the duration of this license.
RAI does not provide program services or technical support, unless RAI specifies otherwise.
The laws of the country in which you acquire the Program govern this Agreement, in the United Kingdom, all disputes relating to this Agreement will be governed by English Law and will be submitted to the exclusive jurisdiction of the English courts; in Canada, the laws in the Province of Ontario govern this Agreement; and in the United States and Puerto Rico the laws of the State of New York govern this Agreement.
LICENSE INFORMATION
Specified Operating Environment
The Program's specifications and specified operating environment information may be found in documentation accompanying the Program, if available, such as a read-me file, or other information published by RAI, such as an announcement letter.
Evaluation Period
The license begins on the date you first use the Program and ends after 1 year after which time and can be renewed.
Program-unique Terms
THIRD PARTY CODE: The Program contains, and future updates and fixpacks to the Program may contain, certain third party components which are provided to you under terms and conditions which are different from this Agreement, or which require RAI to provide you with certain notices and/or information. For each such third party component, either RAI will identify such third party component in a Program's "README" file (or in an updated "README" file accompanying the fixpack or update), or in a file or files referenced in such "README" files (and shall include any associated license agreement, notices and other related information therein), or the third party component will contain or be accompanied by its own license agreement (for example, provided when installing or starting such component, or accompanying such component in a file entitled "README", "COPYING", "LICENSE" or a substantially similar title, or included among the Program's paper documentation, if any). Your use of each third party component which contains or is accompanied by its own license agreement, or for which RAI has identified a license agreement in one of the above "README" files (or in a file or files referenced therein), will be subject to the terms and conditions of such other license agreement, and not this Agreement. By using or not uninstalling such third party components after the initial installation of such third party components (thereby giving you access to the applicable license agreements, notices and information), you acknowledge and agree to all such license agreements, notices and information, including those provided only in the English language. You agree to review any updated "README" file which accompany updates and fixpacks to the Program."