License Agreement: : \
PART I -- Grants and Limited Warranty
REDISTRIBUTION NOT PERMITTED:
This Agreement applies if you have purchased a license to the Rapid Propagation Biotechnology (known as RPB) and the Software.
Subject to payment of applicable license fees, Aeroponics International grants to you a non-exclusive license to use the Software, the RPB system and accompanying documentation ("Documentation")in the manner described in Part II below under "Scope of Grant."
Aeroponics International warrants that for a period of ninety (90) days from the date of acquisition, the Software and RPB system, if operated as directed, will substantially achieve the functionality described in the Documentation. Aeroponics International does not warrant, however, that your use of the Software will be uninterrupted or that the operation of the Software will be error-free or secure. In addition, the security mechanisms implemented by Aeroponics International software have inherent limitations, and you must determine that the Software sufficiently meets your requirements. Aeroponics International also warrants that the media containing the Software and the RPB system, if provided by Aeroponics International, is free from defects in material and workmanship and will so remain for ninety (90) days from the date you acquired the Software and the RPB system. Aeroponics International's sole liability for any breach of this warranty shall be, in Aeroponics International's sole discretion: (i) to replace your defective media and/or the RPB; or (ii) to advise you how to achieve substantially the same functionality with the Software as described in the Documentation through a procedure different from that set forth inthe Documentation; or (iii) if the above remedies are impracticable, to refund the license fee you paid for the Software. Repaired, corrected, or replaced Software and Documentation shall be covered by this limited warranty for the period remaining under the warranty that covered the original Software and the RPB system, or if longer, for thirty (30) days after the date (a) of shipment to you of the repaired or replaced Software and the RPB system, or (b) Aeroponics International advised you how to operate the Software so as to achieve the functionality described in the Documentation. Only if you inform Aeroponics International of your problem with the Software and the RPB system during the applicable warranty period and provide evidence of the date you purchased a license to the Software will Aeroponics International be obligated to honor this warranty. Aeroponics International will use reasonable commercial efforts to repair, replace, advise or, for individual consumers, refund pursuant to the foregoing warranty within 30 days of being so notified.
THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY Aeroponics International. Aeroponics International MAKES NO OTHER EXPRESS WARRANTY AND NO WARRANTY OF NONINFRINGEMENT OF THIRD PARTIES' RIGHTS. THE DURATION OF IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, IS LIMITED TOTHE 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 Aeroponics International DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY.
If any modifications
are made to the Software or RPB system by you 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.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER LEGAL
RIGHTS THAT VARY BY JURISDICTION.
PART II -- TERMS APPLICABLE TO ALL LICENSE GRANTS
SCOPE OF GRANT:
The license will terminate
automatically if you fail to comply with the limitations described herein. On
termination, you must return the Software and RPB, at your expense, to Aeroponics
None of the Software or underlying information or RPB 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.
In addition, if
the licensed Software is identified as a not-for-export product (for example,
on the box, media or in the installation process), then the following applies:
EXCEPT FOR EXPORT TO CANADA FOR USE IN CANADA BY CANADIAN CITIZENS, THE SOFTWARE
AND ANY UNDERLYING TECHNOLOGY MAY NOT BE EXPORTED OUTSIDE THE UNITED STATES
OR TO ANY FOREIGN ENTITY OR "FOREIGN PERSON" AS DEFINED BY U.S. GOVERNMENT REGULATIONS,
INCLUDING WITHOUT LIMITATION, ANYONE WHO IS NOT A CITIZEN, NATIONAL OR LAWFUL
PERMANENT RESIDENT OF THE UNITED STATES. BY DOWNLOADING OR USING THE SOFTWARE,
YOU ARE AGREEING TO THE FOREGOING AND YOU ARE WARRANTING THAT YOU ARE NOT A
"FOREIGN PERSON" OR UNDER THE CONTROL OF A FOREIGN PERSON.
LIMITATION OF LIABILITY:
UNDER NO CIRCUMSTANCES
AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL Aeroponics International
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 Aeroponics International BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT
Aeroponics International RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE AND
THE RPB SYSTEM, EVEN IF Aeroponics International 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.
HIGH RISK ACTIVITIES.
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,
in which the failure of the Software or the RPB system could lead directly to
death, personal injury, or severe physical or environmental damage ("High Risk
Activities"). Aeroponics International 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 whose terms vary from this Agreement, then the hard-copy End User License Agreement governs your use of the Software. 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 PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER. 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.
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
Aeroponics International's standard commercial license, as applicable, and in
similar clauses in the NASA FAR Supplement. Contractor/manufacturer is Aeroponics
International, , 333 Srpinghill Road, Berthoud, CO 80513.
BREACH OF LICENSE:The licensee is in violation of the license when
The licensee shall
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