Specialty Gas Agreement

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SOFTWARE LICENSE AGREEMENT FOR

MESA DESKTOP SOFTWARE

 

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THIS SOFTWARE IS OWNED BY VERITECHSOFTWARE, LLC. OR ITS SUBSIDIARIES ("VERITECH") AND IS PROTECTED UNDER COPYRIGHT LAWS AND INTERNATIONAL COPYRIGHT TREATIES. THIS SOFTWARE IS LICENSED, NOT SOLD. THIS SOFTWARE IS PROVIDED UNDER THE FOLLOWING LICENSE WHICH DEFINES WHAT YOU MAY DO WITH THE PRODUCT AND CONTAINS LIMITATIONS ON WARRANTIES AND/OR REMEDIES.

IMPORTANT: CAREFULLY READ THIS LICENSE BEFORE USING THIS PRODUCT.  INSTALLING, COPYING, OR OTHERWISE USING THIS PRODUCT INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ THIS LICENSE AND AGREE TO ITS TERMS.  IF YOU DO NOT AGREE, RETURN THE COMPLETE PRODUCT WITHIN 10 DAYS OF THE DATE YOU ACQUIRED IT FOR A FULL REFUND.

 

1. LICENSE: VERITECH ("we" or "us") provides you with download instructions to access computer software or CD / DVD storage media containing computer software (the "Program") which may also include "online" or electronic documentation, and printed materials (together called the "Product") and grants you a limited non-exclusive license to use the Product in accordance with the terms of this License Agreement. The copyright and all other rights to the Product shall remain with us. You must reproduce any copyright or other notice marked on the Product on all copies you make.

 

2. YOU MAY:

a) install and use one copy of the Product on a single computer or network. This copy is to be used by only a single user at a time. If you wish to use the Product for more users, you will need an additional license for each user.

 

b) make one copy of the Product for archive or backup purposes.

 

c) use a copy of the Product on a home or portable computer if that copy is never loaded at the same time it is loaded on your primary computer.

 

3. YOU MUST NOT: 

 

a) make copies of the Product except as expressly permitted in Section 2 of this License.

b) translate, reverse engineer, decompile, or disassemble the Product except to the extent the foregoing restriction is expressly prohibited by applicable law.

 

c)  rent, lease, loan, sub-license, distribute, assign, or transfer the Product or any unlock code for the product except as set out in Section 2 above.

 

d)  modify the Product or merge all or any part of the Product with another program.

 

4. TERM:  This License shall continue for as long as you use the Product.  However, this License will terminate automatically without notice from VERITECH if you fail to comply with any of its terms or conditions.  You must agree, upon termination, to destroy all copies of the Product. The Limitations of Warranties and Liability set out below shall continue in force even after any termination.

 

5. LIMITATION OF WARRANTIES AND LIABILITY: THE PRODUCT IS PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY  WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS PRODUCT AND VERITECH DISCLAIMS ALL LIABILITY FOR ANY LOSS, INJURY OR DAMAGE RESULTING FROM USE OF THIS PRODUCT, WHETHER DIRECT OR INDIRECT, AND WHETHER OR NOT VERITECH HAS BEEN ADVISED OF OR HAS KNOWLEDGE OF THE POSSIBILITY OF SUCH LOSS, INJURY OR DAMAGE. IN NO EVENT SHALL VERITECH HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY COMPENSATORY, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE.  WE ARE ALSO NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. OUR MAXIMUM AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH. Some states do not allow the exclusion of incidental or consequential damages or the limitation of duration of an implied warranty so the above limitations may not apply to you.

 

6. EXPORT CONTROLS: You agree not to export or re-export the Product to any country in violation of the export control laws of the United States of America.

 

7. GENERAL:  This License is the entire agreement between us, superseding any other agreement or discussions, oral or written, and may not be changed except by a signed agreement. This License shall be governed by and construed in accordance with the laws of the State of Texas, United States of America. If any provision of this License is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such a provision shall be severed from the License and the other provisions shall remain in full force and effect.