Specialty Gas Agreement
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SOFTWARE
LICENSE AGREEMENT FOR
MESA DESKTOP SOFTWARE
================================================
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.
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