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This is a license of a demonstration version of Discipulus. The purpose of this license is to permit you to evaluate Discipulus or to demonstrate Discipulus to others for the purpose of their evaluation of Discipulus (the "Purpose").
A. LICENSOR.
Register Machine Learning Technologies, Inc. is the Licensor and shall be referred to as "RML."
B. LICENSEE
In this agreement, the term "you" or "your" shall refer only to the single named person or entity to whom RML has expressly licensed the copy of the Software delivered in connection with this agreement (the "Licensee"). If the Software is licensed to a person at an entity, "you" or "your" shall refer only to the entity to whom is made.
The terms "you" or "your" shall not refer to any person or entity other than the Licensee. Without limiting the foregoing, the terms "you" or "your" do not apply to any people or business entities that are related to the Licensee (other than the Licensee it/him/herself) such as (and without limitation) subsidiaries, partners, affiliates, owners, parent corporations.
So, by way of example, if you ordered Discipulus by filling out an order form, this license shall extend only to the person named in the order form (or, if the order form is completed with a company name included, to the company named in the order form).
As a further example, if you ordered Discipulus by filling out a form on RML's website, this license shall extend only to the person named in the web form (or, if the web form is completed with a company name included, to the company named in the web form).
C. SOFTWARE
The term "the Software" shall refer to the one demonstration version of Discipulus.
D. RESULTS OF USING THE SOFTWARE
The term "Results of Using the Software" shall refer to any result of running the Software, including, without limitation:
(1) All programs and all parts of programs evolved or created in whole or in part by the Software;
(2) All copies or other decompilations of programs or parts of programs evolved or created in whole or in part by the Software such as, and by way of example only machine code, assembler code, C Code, or Open Expression decompilations;
(3) Any Project Files, Individual Files, C Files, or Snapshot Files created in whole or in part by the Software; and
(4) All derivative works prepared in whole or in part from any other Result of Using the Software.
The term "Results of Using the Software" shall in addition, refer to any information acquired from running the Software or that is contained in any other Result of Using the Software.
By accepting this license agreement, you acknowledge and agree that RML, as the creator of Discipulus, is one of the principal creative forces in the creation of Results of Using the Software and, as such, is a joint creator, with you, of the all Results of Using the Software.
Subject to payment of applicable license fees, RML grants to you a limited, non-exclusive license to use the Software and accompanying documentation ("Documentation") only in the manner and for the term described below under "Scope of Grant."
RML warrants that the media containing the Software, if provided by RML, is free from defects in material and workmanship and will so remain for ninety (90) days from the date you acquired the Software. RML's sole liability for any breach of this warranty shall be, in RML's sole discretion: (i) to use reasonable commercial efforts to replace your defective media; or (ii) if the above remedies are impracticable, to refund the license fee you paid for the Software.
Only if you inform RML of your problem with the Software during the applicable warranty period and provide evidence of the date you purchased a license to the Software will RML be obligated to honor this warranty. RML does not warrant, that your use of the Software will be uninterrupted or that the operation of the Software will be error-free or secure.
THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY RML. RML MAKES NO OTHER EXPRESS WARRANTY AND NO WARRANTY OF NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS. THE DURATION OF IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, IS LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD; SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO LIMITATIONS MAY NOT APPLY TO YOU. NO RML DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY.
If you make any modifications to the Software during the warranty period; if the media is subjected to accident, abuse, or improper use; or if you violate the terms of this Agreement, then this warranty shall immediately be terminated. This warranty shall not apply if the Software is used on or in conjunction with hardware or software other than the unmodified version of hardware and software with which the software was designed to be used as described in the Documentation.
Any license or grant made by RML with respect to the Results of Using the Software are made without any warranty of any kind or nature whatsoever.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.
This section defines the entire scope of what you are authorized to do with the Software. Any use beyond the explicit grants in this section are expressly forbidden.
If you are an individual, you may:
* use the installed version of the Software that has been sent to you by RML on any single computer for the Purpose;
* use the installed version of the Software that has been sent to you by RML on a second computer so long as only one copy is used at a time by one person for the Purpose; or
* copy the Software for archival purposes, provided any copy must contain all of the original Software's proprietary notices.
If you are an entity, you may:
* use the installed version of the Software that has been sent to you by RML on any single computer by a single employee of the entity the Purpose;
* use the installed version of the Software that has been sent to you by RML on a second computer so long as only one copy is used at a time by one employee of the entity for the Purpose; or
* copy the Software for archival purposes, provided any copy must contain all of the original Software's proprietary notices.
You may not:
* permit other individuals or entities to use the Software or any Result of Using the Software except under the terms expressly listed elsewhere in this Agreement;
* permit concurrent use of the Software;
* modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), or create derivative works based on all or any part of the Software;
* upgrade, or attempt to upgrade the demo version of Discipulus to any other version of Discipulus without expressly licensing that other version of Discipulus from RML and paying RML's license fee for the upgrade;
* reverse engineer or decode the API of AIMPARSE.DLL, CGPS.DLL or the custom fitness function feature of DISCIPULUS;
* upgrade, or attempt to upgrade the this version of Discipulus to any other version of Discipulus without expressly licensing that other version of Discipulus from RML and paying RML's license fee for the upgrade;
* use CGPS.DLL or AIMPARSE.DLL by calling either of them from any software other than DISCIPULUS.EXE;
* use the custom fitness function feature of DISCIPULUS without explicitly licensing that feature from RML;
* copy the Software or any Result of Using the Software other than as specified above;
* rent, lease, license grant a security interest in, or otherwise transfer rights to the Software;
* remove any proprietary notices or labels on the Software;
* utilize the Software or any Result of Using the Software for commercial purposes or as part of or to further any commercial enterprise in any manner
* utilize the Software or any Result of Using the Software in exchange for compensation or anything of value;
* utilize the Software or any Result of Using the Software for any purpose other than the Purpose; or
* use the Software with any project files prepared by any person or entity other than RML.
* use the Software for any purpose other than evaluation.
RML shall own all Results of Using the Software resulting from uses of the Software by you. Subject to the limitations of this agreement, RML hereby grants you a license to use such Results of Using the Software for the Purpose and only for the Purpose. This license is expressly subject to the requirement that you include the following notice on any Result of Using the Software:
"Copyright (year) Register Machine Learning Technologies, Inc."
Failure to include said notice shall void the license granted in this section with respect to the Result of Using the Software for which notice is not included.
Information regarding the API of AIMPARSE.DLL, CGPS.DLL or the API used for the interface in Discipulus to custom fitness functions is confidential, proprietary, information of Licensor. Should you come into possession of any information regarding the API of CGPS.DLL or AIMPARSE.DLL or the API used for the interface in Discipulus to custom fitness functions (or any other information you receive from RML that you are informed is confidential), you agree to keep it confidential and not to disclose it to any person or entity for any reason. Provided, nothing in this agreement entitles you to any such information.
Title, ownership rights, and intellectual property rights in the Software shall remain in RML and/or its suppliers. The Software is protected by the copyright laws and treaties. Title and related rights in the content accessed through the Software is the property of the applicable content owner and may be protected by applicable law. This License gives you no rights to such content.
The license will terminate automatically if you fail to comply with the limitations described herein. On termination, you must destroy all copies of the Software and Documentation. Provided, and without limiting Licensor's rights, the confidentiality provisions hereof shall survive the termination of the license.
None of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL RML OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL RML BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT RML RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF RML SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical, economic or environmental damage ("High Risk Activities"). RML and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
If the copy of the Software you received was accompanied by a printed or other form of "hard-copy" End User License Agreement that is expressly executed by RML whose terms vary from this Agreement, then the hard-copy End User License Agreement governs your use of the Software to the extent it differs from this agreement. Otherwise, the terms of this Agreement continue to apply.
This Agreement represents the complete agreement concerning this license and may amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER OR OTHER DOCUMENTS PROVIDED BY YOU TO US IN IN CONNECTION WITH YOUR ORDER OF THIS PRODUCT BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER OR YOUR OTHER DOCUMENTS.
If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by Colorado law (except for conflict of law provisions). The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
Any dispute arising out of, related to or in connection with this agreement shall be resolved by binding arbitration according to the commercial arbitration rules of the American Arbitration Association in Denver Colorado. Any award in such arbitration may be entered as a judgment by any Court of competent jurisdiction. You agree to submit to the jurisdiction of the Courts of the State of Colorado and the American arbitration association for the purposes of this agreement, the enforcement thereof, and the enforcement of any arbitration award.
U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or at 252.211-7015, or to RML's standard commercial license, as applicable, and in similar clauses in the NASA FAR Supplement. Contractor/manufacturer is RML
Technologies, Inc. 7606 S. Newland St., Littleton, CO 80128.
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