orglab8eula

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ENGLISH ORIGINLAB CORPORATION SOFTWARE LICENSE AGREEMENT FOR ORGLAB PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE DEVELOPER SOFTWARE (DEFINED BELOW). BY USING THE DEVELOPER SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, YOU MAY RETURN THE DEVELOPER SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT FOR A REFUND. IF THE DEVELOPER SOFTWARE WAS ACCESSED ELECTRONICALLY, CLICK "DISAGREE/DECLINE". FOR DEVELOPER SOFTWARE INCLUDED WITH YOUR PURCHASE OF HARDWARE, YOU MUST RETURN THE ENTIRE HARDWARE/SOFTWARE PACKAGE IN ORDER TO OBTAIN A REFUND. IMPORTANT NOTE: This software may be used to reproduce, modify, publish and distribute materials. It is licensed to you only for reproduction, modification, publication and distribution of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce, modify, publish and distribute. If you are uncertain about your right to copy, modify, publish and distribute any material you should contact your legal advisor. 1. General. The software tools, utilities, sample or example code, documentation, fonts and other materials accompanying this License, whether on disk, print or electronic documentation, in read only memory, or any other media, (collectively, the "Developer Software") are licensed, not sold, to you by OriginLab Corporation ("OriginLab") and/or OriginLab's licensors. The rights granted herin are limited to OriginLab's and/or OriginLab's licensor's respective intellectual property rights in the Developer Software and do not include any other patents or intellectual property rights. You own the media on which the Developer Software is recorded but OriginLab and/or OriginLab's licensor(s) retian ownership of their respective portions of the Developer Software itself. The terms of this License will govern any software upgrades provided by OriginLab that replace and/or supplement the original Developer Software, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. 2. Permitted License Uses and Restrictions. A. Developer Software. You may make only as many internal use copies of the Developer Software as reasonably necessary to use the Developer Software as permitted under this License and distribute such copies only to your employees whose job duties require them to so use the Developer Software; provided that you reproduce on each copy of the Developer Software or portion thereof, all copyright or other proprietary notices contained on the original. B. Distribution. Licensee may not resell, rent, lease, distribute or otherwise use the Developer Software in any way that would compete with OriginLab's Origin and OriginPro products. C. Other Restrictions. Except as and only to the extent expressly permitted by this License, by applicable licensing terms governing use of the Sample Code, or to the extent that the following restrictions are prohibited by applicable law, you may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of the Developer Software, modify, decrypt, create derivative works of, incorporate into or compile in combination with your own programs, sublicenses or otherwise redistribute the Developer Software. NFR (Not for Resale) and Evaluation Copies: Notwithstanding other sections of

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Page 1: Orglab8EULA

ENGLISH

ORIGINLAB CORPORATIONSOFTWARE LICENSE AGREEMENT FOR ORGLAB

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USINGTHE DEVELOPER SOFTWARE (DEFINED BELOW). BY USING THE DEVELOPER SOFTWARE, YOUARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TOTHE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE. IF YOU DO NOT AGREE TO THETERMS OF THE LICENSE, YOU MAY RETURN THE DEVELOPER SOFTWARE TO THE PLACE WHEREYOU OBTAINED IT FOR A REFUND. IF THE DEVELOPER SOFTWARE WAS ACCESSEDELECTRONICALLY, CLICK "DISAGREE/DECLINE". FOR DEVELOPER SOFTWARE INCLUDED WITHYOUR PURCHASE OF HARDWARE, YOU MUST RETURN THE ENTIRE HARDWARE/SOFTWAREPACKAGE IN ORDER TO OBTAIN A REFUND.

IMPORTANT NOTE: This software may be used to reproduce, modify, publish anddistribute materials. It is licensed to you only for reproduction,modification, publication and distribution of non-copyrighted materials,materials in which you own the copyright, or materials you are authorized orlegally permitted to reproduce, modify, publish and distribute. If you areuncertain about your right to copy, modify, publish and distribute anymaterial you should contact your legal advisor.

1. General. The software tools, utilities, sample or example code,documentation, fonts and other materials accompanying this License, whether ondisk, print or electronic documentation, in read only memory, or any othermedia, (collectively, the "Developer Software") are licensed, not sold, to youby OriginLab Corporation ("OriginLab") and/or OriginLab's licensors. Therights granted herin are limited to OriginLab's and/or OriginLab's licensor'srespective intellectual property rights in the Developer Software and do notinclude any other patents or intellectual property rights. You own the mediaon which the Developer Software is recorded but OriginLab and/or OriginLab'slicensor(s) retian ownership of their respective portions of the DeveloperSoftware itself. The terms of this License will govern any software upgradesprovided by OriginLab that replace and/or supplement the original DeveloperSoftware, unless such upgrade is accompanied by a separate license in whichcase the terms of that license will govern.

2. Permitted License Uses and Restrictions.A. Developer Software. You may make only as many internal use copies of theDeveloper Software as reasonably necessary to use the Developer Software aspermitted under this License and distribute such copies only to your employeeswhose job duties require them to so use the Developer Software; provided thatyou reproduce on each copy of the Developer Software or portion thereof, allcopyright or other proprietary notices contained on the original.

B. Distribution. Licensee may not resell, rent, lease, distribute orotherwise use the Developer Software in any way that would compete withOriginLab's Origin and OriginPro products.

C. Other Restrictions. Except as and only to the extent expressly permittedby this License, by applicable licensing terms governing use of the SampleCode, or to the extent that the following restrictions are prohibited byapplicable law, you may not copy, decompile, reverse engineer, disassemble,attempt to derive the source code of the Developer Software, modify, decrypt,create derivative works of, incorporate into or compile in combination withyour own programs, sublicenses or otherwise redistribute the DeveloperSoftware.

NFR (Not for Resale) and Evaluation Copies: Notwithstanding other sections of

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this License, Developer Software labeled or otherwise provided to you on apromotional basis may only be used for demonstration, testing and evaluationpurposes and may not be resold or transferred.

3. Termination. This License is effective until terminated. Your rights underthis License will terminate automatically without notice from OriginLab if youfail to comply with any term(s) of this License. In addition, OriginLabreserves the right to terminate this License if a new version of the DeveloperSoftware is released which is incompatible with this version of the DeveloperSoftware. Upon the termination of this license, you shall cease all use of theDeveloper Software and destroy all copies, full or partial, of the DeveloperSoftware.

4. Limited Warranty on Media (if any). OriginLab warrants the media on whichthe Developer Software is recorded and delivered by OriginLab to be free fromdefects in materials and workmanship under normal use for a period of ninety(90) days from the date of original retail purchase. Your exclusive remedyunder this Section shall be, at OriginLab's option, a refund of the purchaseprice of the product containing the Developer Software or replacement of theDeveloper Software which is returned to OriginLab or an OriginLab authorizedrepresentative with a copy of the receipt. THIS LIMITED WARRANTY AND ANYIMPLIED WARRANTIES ON THE MEDIA INCLUDING, BUT NOT LIMITED TO, THE IMPLIEDWARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, AND OF FITNESS FOR APARTICULAR PURPOSE, ARE LIMITED IN DURATION TO (90) DAYS FROM THE DATE OFORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOWLONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.THE LIMITED WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY MADE TO YOU AND ISPROVIDED IN LIEU OF ANY OTHER WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION,PACKAGING OR OTHERWISE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS,AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.

5. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OFTHE DEVELOPER SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TOSATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FORTHE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE MAXIMUM EXTENTPERMITTED BY APPLICABLE LAW, THE DEVELOPER SOFTWARE IS PROVIDED "AS IS", WITHALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ORIGINLAB AND ORIGINLAB'SLICENSORS (COLLECTIVELY REFERRED TO AS "ORIGINLAB" FOR THE PURPOSES OF SECTIONS6 AND 7) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THEDEVELOPER SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOTLIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OFSATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OFQUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ORIGINLAB DOES NOTWARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE DEVELOPER SOFTWARE,THAT THE FUNCTION CONTAINED IN THE DEVELOPER SOFTWARE WILL MEET YOURREQUIREMENTS, THAT THE OPERATION FO THE DEVELOPER SOFTWARE WILL BEUNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE DEVELOPER SOFTWARE WILL BECORRECTED. YOU FURTHER ACKNOWLEDGE THAT THE DEVELOPER SOFTWARE IS NOT INTENDEDOR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OF, ORERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THEDEVELOPER SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVER PHYSICAL ORENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEARFACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL,LIFE SUPPORT OR WEAPONS SYSTEMS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVENBY ORIGINALB OR AN ORIGINLAB AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.SHOULD THE DEVELOPER SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OFALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOWTHE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORYRIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TOYOU.

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6. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENTSHALL ORIGINLAB BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL,INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION,DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, BUSINESS INTERRUPTIONOR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOURUSE OR INABILITY TO USE THE DEVELOPER SOFTWARE, HOWEVER CAUSED, REGARDLESS OFTHE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF ORIGINLABHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOTALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL ORCONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no eventshall OriginLab's total liability to you for all damages (other than as may berequired by applicable law in cases involving personal injury) exceed theamount of fifty dollars ($50.00). The foregoing limitations will apply even ifthe above stated remedy fails of its essential purpose.

7. Export Control. You may not use or otherwise export or reexport theDeveloper Software except as authorized by United States law and the laws ofthe jurisdiction(s) in which the Developer Software was obtained. Inparticular, but without limitation, the Developer Software may not be exportedor re-exported (a) into any U.S. embargoed countries or (b) to anyone on theU.S. Treasury Department's list of Specially Designated Nationals or the U.S.Department of Commerce Denied Person's List or Entity List. By using theDeveloper Software, you represent and warrant that you are not located in anysuch country or on any such list. You also agree that you will not use theDeveloper Software for any purposes prohibited by United States law, including,without limitation, the development, design, manufacture or production ofnuclear, chemical or biological weapons.