source: trunk/third/sysinfo/LICENSE.txt @ 15832

                   MagniComp - End User License Agreement

                            SysInfo Version 4.0

GRANT. MagniComp grants you a non-exclusive license to use SysInfo version
4.0 and all subsequent versions called 4.0.X software (the "Software") free
of charge for sixty (60) days for evaluation (the "Evaluation") and trial
purposes only. After this period you agree to pay for this license as
indicated in our catalog or you must cease use of the Software and remove
(uninstall) it from any and all systems on which it was installed. If you
are a full-time, non-profit educational institution or have non-profit, tax
exempt status from the US government, this does not apply and you may use
the Software free of charge.

This license does not entitle you to hard-copy documentation, support or
telephone assistance. MagniComp reserves the right at any time to alter
prices, features, specifications, capabilities, functions, licensing terms,
general availability of the Software.

SCOPE OF GRANT:

You may:

   * use the Software only on the number of computers you have indicated in
     your license request;
   * use the Software on a network, provided the total number of computers
     which has access to the Software does not exceed the number of
     computers you have indicated in your license request;
   * copy the Software for archival purposes, provided any copy must contain
     all of the original Software's proprietary notices.

You may not:

   * modify or in any way disable any part of the Software which deals with
     enforcement of this License;
   * permit other individuals to use the Software except under the terms
     listed above;
   * use the Software on more than the licensed number of hosts indicated in
     your license request;
   * modify, translate, reverse engineer, decompile, disassemble (except to
     the extent applicable laws specifically prohibit such restriction), or
     create derivative works based on the Software;
   * redistribute the Software as part of any for-profit product or service
     provided to a customer without prior written agreement;
   * rent, lease, grant a security interest in, or otherwise transfer rights
     to the Software; or
   * remove any proprietary notices or labels on the Software.

TITLE. Title, ownership rights, and intellectual property rights in the
Software shall remain in MagniComp and/or its suppliers. The Software is
protected by copyright and other intellectual property laws and by
international 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.

TERMINATION. The license will terminate automatically if you fail to comply
with the limitations described herein. Upon termination of this license, you
agree to destroy all copies of the Software.

DISCLAIMER OF WARRANTY. The Software is provided on an "AS IS" basis,
without warranty of any kind, including without limitation the warranties of
merchantability, fitness for a particular purpose and non-infringement. The
entire risk as to the quality and performance of the Software is borne by
you. Should the Software prove defective, you and not MagniComp or its
suppliers assume the entire cost of any service and repair. In addition, the
security mechanisms implemented by MagniComp software have inherent
limitations, and you must determine that the Software sufficiently meets
your requirements. This disclaimer of warranty constitutes an essential part
of the agreement. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED
WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER
LEGAL RIGHTS THAT VARY BY JURISDICTION.

LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY,
TORT, CONTRACT, OR OTHERWISE, SHALL MAGNICOMP 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 MAGNICOMP BE LIABLE FOR ANY DAMAGES, EVEN IF MAGNICOMP 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, 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 or environmental damage ("High Risk
Activities"). MagniComp and its suppliers specifically disclaim any express
or implied warranty of fitness for High Risk Activities.

MISCELLANEOUS. This Agreement represents the complete agreement concerning
this license and may be amended only by a written agreement executed by both
parties. 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 California law (except for
conflict of law provisions).

                                    END