MBA/Basic 2.0


EULA - End User License Agreement



MICROBASE USE LICENSE

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS.

YOU AGREE THAT ALL OF THE TERMS AND CONDITIONS BELOW APPLY
TO YOU AND ANYONE ELSE WHO USES THIS SOFTWARE, IF EITHER:

· YOU CLICK THE "ACCEPT" BUTTON, OR
· YOU COPY, INSTALL, OR USE THIS COPY OF MICROBASE SOFTWARE, OR
· YOU PERMIT OR ENABLE OTHERS TO COPY, INSTALL OR USE THIS
Microbase SOFTWARE.

IF YOU DO NOT AGREE, PLEASE TERMINATE INSTALLATION
IMMEDIATELY, AND DO NOT USE THIS SOFTWARE.
1. SOFTWARE COVERED BY THIS LICENSE

This license agreement ("Agreement") applies only to the version of
the Microbase software package ("Microbase") with which this Agreement is
included by the Catalytic Data Systems.
Different license terms may apply to other software packages or other
materials from CDSA, and license terms for later versions of Microbase may
also be changed.
2. USE LICENSE.

(a) You may not:
· modify, translate, reverse engineer, decompile, disassemble, or
create derivative works based on, this Microbase program.

· copy Microbase.

· sell or license copies of Microbase to others.

· remove any proprietary notices or labels on Microbase or any other CDSA
software.

· use Microbase in or for High Risk Activities (defined below)

(d) All rights not expressly granted by CDSA in this Agreement are
entirely and exclusively reserved to CDSA.
4. SUPPORT. Microbase contains online help files. However, hard-copy
documentation, telephone assistance and other support are not
available under this shareware license.
5. PAD FILE FORMAT AND OTHER LICENSES.

(a) The Microbase file formats are data file formats that are owned by
solely by CDSA, and specified and changed from time to time solely by
CDSA.

(b) This Microbase program, as distributed in this Original Distribution
Package and when properly used as designated solely by CDSA, is
intended to create data files in Microbase file format(s) endorsed by CDSA at
the time this Original Distribution Package was first made publicly
available by CDSA. CDSA reserves the right to change any file
format at any time at its sole discretion.

(c) You acknowledge and agree that it may become necessary to use
software other than this version of Microbase to create files that may be
referred to publicly by you or others as "Microbase"
Application" files in the future.

(d) If you wish to create Microbase format files without using this Microbase
software, there are other ways to do so. For instance, you may build
your own data files in conformance with the then-current Microbase file
format specification(s) published by CDSA, and distribute those files.

(e) All use and distribution of Microbase format files is subject to
license from the CDSA. If you have any questions as to current
specifications or license terms for Microbase file format(s), you may
contact CDSA via the contact information included in this Original
Distribution Package.
6. DISCLAIMER OF WARRANTY. CDSA DISCLAIMS ANY AND ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE
AND AGREE THAT YOU HAD FULL OPPORTUNITY TO TEST Microbase BEFORE ANY
LIVE, PUBLIC OR PRODUCTION USE, THAT YOU ASSUME FULL RESPONSIBILITY
FOR SELECTING AND USING Microbase AND DISTRIBUTING FILES CREATED THROUGH
USE OF Microbase, AND THAT IF YOU USE Microbase IMPROPERLY OR AGAINST
INSTRUCTIONS, YOU CAN CAUSE DAMAGE TO YOUR FILES, SOFTWARE, DATA OR
BUSINESS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF PADGEN
IS BORNE BY YOU. 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.
7. LIMITATION OF LIABILITY. IN NO EVENT SHALL CDSA, OR ITS MEMBERS,
OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR PARENT
ORGANIZATIONS, BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR
PUNITIVE DAMAGES WHATSOEVER RELATING TO THE USE OF Microbase, FILES
CREATED USING Microbase, OR YOUR RELATIONSHIP WITH CDSA. Some
jurisdictions do not allow exclusion or limitation of liability for
incidental or consequential damages, therefore the above limitation
may not apply to you.
8. RESTRICTED RIGHTS LEGEND. Use, duplication, or disclosure by the
U.S. Government is subject to the 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, as applicable, and
in similar clauses in the NASA FAR Supplement.
9. TITLE. CDSA or its licensors own the Microbase software, all other
materials in this Microbase Original Distribution Package, the Microbase File
Format, and the names and marks "CDSA", under the copyright, trademark, and trade
secret laws and all other laws that may apply.
10. TERMINATION. The license will terminate automatically if you
fail to comply with any of the limitations, conditions or obligations
described herein. On termination, you must destroy all copies of the
PADGen software and all other materials in this Microbase Original
Distribution Package and, at CDSAs sole discretion, any or all of the
files created by you using Microbase and distributed to others.
11. HIGH RISK ACTIVITIES. Microbase 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 Microbase
could lead directly to death, personal injury, or severe physical or
environmental damage ("High Risk Activities"). CDSA and its suppliers
specifically disclaim any express or implied warranty of fitness for
High Risk Activities.
12. GENERAL. This Agreement constitutes the entire Agreement between
the parties with respect to the subject matter herein and supersedes
all previous and contemporaneous agreements, proposals and
communications, written or oral between you and CDSA. Waiver by CDSA of
any violation of any provision of this Agreement shall not be deemed
to waive any further or future violation of the same or any other
provision. This Agreement and any dispute relating to CDSA or to
this Agreement shall be governed by the laws of the United States and
the laws of the State of Washington, without regard to U.S. or
Washington choice of law rules. You agree and consent that
jurisdiction and proper venue for all claims, actions and proceedings
of any kind relating to CDSA or the matters in this Agreement shall be
exclusively in courts located in Washington. If any part or provision
of this Agreement is held to be unenforceable for any purpose,
including but not limited to public policy grounds, then you agree
that the remainder of the Agreement shall be fully enforceable as if
the unenforceable part or provision never existed. There are no third
party beneficiaries of any promises, obligations or representations
made by CDSA herein.



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Downloads: 50
Updated At: 2024-03-19
Publisher: catalytic-data-systems-analysts
Operating System: windows
License Type: Free Trial