MicrobeMS Wiki:General disclaimer
MicrobeMS - A Matlab Toolbox for Analysis of Microbial MALDI-TOF Mass Spectra
License Agreement
MicrobeMS is willing to license this software to you only upon the condition that you accept all of the terms and conditions contained in the following license agreement. Please read the terms and conditions carefully as continuing with the setup procedure will indicate your acceptance of all of the terms and conditions of the license agreement ("agreement"). If you do not agree to the terms and conditions, MicrobeMS is unwilling to license the software to you.
Definitions "Software" shall be taken as referring to the files supplied either on CD-ROM, USB drive, or via email, and to any and all copies, updates, modifications, functionally-equivalent derivatives, or any parts or portions thereof.
Licensor shall be taken as referring to MicrobeMS
Licensee shall be taken as referring to the person, institution, or business entity who purchased this License to use this Software or for whom such License was purchased.
Grant of License Upon acceptance of the Agreement, as evidenced by continuing the setup procedure or using the Software. MicrobeMS grants Licensee a non-transferable, non-exclusive, non-sublicensable license to use one copy of the enclosed software program (the "Software")
Other Restrictions You may not use, copy, modify, or transfer the software or any copy, modification, or merged portion, in whole or in part, except as expressly provided for in this Agreement. Licensee shall not decompile, disassemble, or reverse engineer any of the Software or attempt to do so. Licensee shall not rent, lease, sublicense, or transfer the Software.
Proprietary Rights Other than any license granted herein, Licensor retains exclusive proprietary rights (including all rights, title, and interest) in the Software. Licensee agrees not to represent that the Licensor is affiliated with or approves of Licensee's application software in any way.
Termination This license is effective until terminated. Licensee may terminate it at any time by destroying all copies of the Software covered by this Agreement and all support files generated by the Software. It will also terminate if Licensee fails to comply with any term or condition of this Agreement. Licensee agrees that upon such termination to destroy this Software, including all copies, functionally-equivalent derivatives, and all portions and modifications thereof in any form.
Warranties: Disclaimers THIS SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU.
MicrobeMS does not warrant that the functions contained in this Software will meet your requirements or that the operation of this Software will be uninterrupted or error-free.
Remedies: Limitations
IN NO EVENT WILL MicrobeMS BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SALES, INJURY TO PERSON OR PROPERTY OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THIS SOFTWARE EVEN IF MicrobeMS OR ITS AUTHORIZED REPRESENTATIVE(S) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
This Agreement will be governed by and constructed in accordance with the laws of the Federal Republic of Germany.
By continuing with the setup procedure, licensee acknowledges that licensee has read this agreement, understands it, and agrees to be bound by its terms and conditions. Licensee further agrees that this is the complete and exclusive statement of the agreement between us, which supersedes any proposal or prior agreement, oral or written, and any other communications between us relating to the subject matter of this agreement.