THE FOLLOWING TERMS AND CONDITIONS ("AGREEMENT") SHALL GOVERN YOUR INSTALLATION AND USE OF THE ACCOMPANYING MEC SDN UTILITY AND ANY RELATED MATERIALS (THE "PROGRAM"). IF YOU DO NOT ACCEPT OR AGREE WITH THESE TERMS, YOU MAY NOT INSTALL OR USE THE PROGRAM AND YOU SHOULD IMMEDIATELY DEINSTALL AND DELETE THE PROGRAM FROM YOUR MACHINE.
UPON YOUR ACCEPTANCE OF THIS AGREEMENT, SYBASE GRANTS YOU A LIMITED, NON-EXCLUSIVE, NON-TRANSFERABLE, LICENSE, WITHOUT RIGHT OF SUBLICENSE, TO USE THE PROGRAM AS FOLLOWS:
- USE. You may install and use the Program internally in your organization on a single computer system solely for your internal business purposes. The Program may not be transferred, sold, assigned, sublicensed or otherwise conveyed (whether by operation of law or otherwise) to another party without Sybase's prior written consent. This Agreement does not obligate Sybase to provide You with any maintenance services or any updates or new versions of the Program. Any updates or new versions provided by Sybase shall be subject to the terms of this Agreement.
- LICENSE RESTRICTIONS. You may not copy the Program, except as reasonably necessary for installation of the Program and inactive back-up and archival purposes. You may not modify, adapt, reverse engineer, decompile or disassemble the Program (except solely to the extent applicable laws specifically prohibit such restriction). You may not use the Program for timesharing, rental or service bureau purposes. You agree not to remove any copyright or proprietary notices from the Program and to reproduce such notices on all full or partial copies of the Program. Results of benchmark or other performance tests run on the Program may not be disclosed to any third party without Sybase's prior written consent.
- COPYRIGHT AND OWNERSHIP. The Program is owned by Sybase or its suppliers and is protected by copyright laws and international treaty provisions. The Program is and shall remain at all times the property of Sybase or its suppliers, and You shall have no right, title or interest therein except as expressly set forth in this Agreement. You agree that you will protect the Program and will take all steps reasonably necessary to prevent the disclosure of the Program to any other person, firm or corporation. This paragraph shall survive expiration of this Agreement.
- U.S. GOVERNMENT RESTRICTED RIGHTS. The Program is Commercial Computer Software. Use, duplication and disclosure of the Program and Documentation by the U.S. Government is subject to restrictions set forth in this license or in a written agreement specifying the Government's right to use the Program. Sybase reserves all unpublished rights under U.S. copyright laws.
- WARRANTY DISCLAIMER AND LIMITATION ON LIABILITY. The Program is provided AS IS, without any warranty whatsoever. SYBASE DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT NEITHER SYBASE, ITS SUBSIDIARIES NOR ANY OF ITS SUPPLIERS SHALL BE LIABLE FOR ANY LOSS OR DAMAGE HEREUNDER, INCLUDING, WITHOUT LIMITATION, ANY INACCURACY OF DATA, LOSS OF PROFITS OR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. All disclaimers of warranties and limitations of liability shall survive any termination of this Agreement.
- TERMINATION. You may terminate this Agreement at any time by denstalling the Program and destroying all copies of the Program in any form. Sybase may terminate this Agreement upon notice to you. Upon termination of this Agreement, You shall immediately cease use of the Program and destroy all copies of the Program in any form.
- EXPORT. You agree to fully comply with all laws and regulations of the United States and other countries ("Export Laws") to assure that neither the Program or any direct products thereof are (1) exported, directly or indirectly, in violation of Export Laws, or (2) are used for any purpose prohibited by Export Laws, including, without limitation, nuclear, chemical or biological weapons production.
- COMPLETE AGREEMENT; GOVERNING LAW. THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES WITH RESPECT TO THE SUBJECT MATTER HEREOF AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA OTHER THAN THE CONFLICT OF LAW PROVISIONS. It shall not be governed by the United Nations Convention on the International Sale of Goods, the application of which is expressly excluded.
BY SELECTING BELOW "YES I AGREE TO THE ABOVE CONDITIONS", YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THE SOFTWARE LICENSE AGREEMENT, THAT YOU ARE DULY AUTHORIZED TO DO SO AND THAT YOU REPRESENT AND WARRANT YOUR COMPLIANCE WITH EACH OF THE FOLLOWING STATEMENTS:
1. You are not a citizen, national or resident of, or under the control of the government of Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, Yugoslavia or any other country to which the United States has prohibited export.
2. You will not export or re-export the Programs, directly or indirectly, to the above mentioned countries nor to citizens, nationals or residents of those countries.
3. You are not listed on the U.S Department of Commerce Table of Denial Orders and you agree not export or re-export the Programs, directly or indirectly, to persons on this list.
4. You agree not to use, or permit the use of, the Programs for any purposes prohibited by U.S. law, including, without limitation, for the development, design or production of nuclear, chemical or biological weapons.