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METRO, METRO SE, AND SOFTWARE RELATED COMPONENTS.

END-USER LICENSE AGREEMENT FOR SAGAN TECHNOLOGY SOFTWARE

 

IMPORTANT-READ CAREFULLY: This Sagan Technology End-User License Agreement ("ELA") is a legal agreement between you (either an individual or a single entity) and Sagan Technology  for the Sagan Technology software product(s) identified above which may include associated software components, media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this ELA. If you do not agree to the terms of this ELA, do not install or use the SOFTWARE PRODUCT. If the SOFTWARE PRODUCT was purchased by you, you may return it to your place of purchase for a full refund. The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.

 

  1. GRANT OF LICENSE. The SOFTWARE PRODUCT is licensed as follows:

• Installation and Use. Sagan Technology grants you the right to install and use copies of the SOFTWARE PRODUCT on your computers running validly licensed copies of the operating system for which the SOFTWARE PRODUCT was designed [e.g., Windows(r) 95; Windows NT(r), Windows 3.x, Macintosh, etc.].

• Backup Copies. You may also make copies of the SOFTWARE PRODUCT as may be necessary for backup and archival purposes.

• Components. Certain software components of the SOFTWARE PRODUCT are subject to the following additional provisions: For non Sagan Technology applications, you should consult the accompanying license agreement or contact the licensor to determine whether application sharing is permitted by the licensor.

 

  1. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

• Maintenance of Copyright Notices. You must not remove or alter any copyright notices on all copies of the SOFTWARE PRODUCT.

• Distribution. You may not distribute copies of the SOFTWARE PRODUCT to third parties.

• Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

• Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT.

• Transfer. You may permanently transfer all of your rights under this ELA, provided the recipient agrees to the terms of this ELA.

• Support Services. Sagan Technology may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Use of Support Services is governed by the Sagan Technology polices and programs described in the user manual, in "on line" documentation and/or other Sagan Technology-provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this ELA. With respect to technical information you provide to Sagan Technology as part of the Support Services, Sagan Technology may use such information for its business purposes, including for product support and development. Sagan Technology will not utilize such technical information in a form that personally identifies you.

• Compliance with Applicable Laws. You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.

 

  1. TERMINATION. Without prejudice to any other rights, Sagan Technology may terminate this ELA if you fail to comply with the terms and conditions of this ELA. In such event, you must destroy all copies of the SOFTWARE PRODUCT.

 

  1. COPYRIGHT. All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by Sagan Technology or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This ELA grants you no rights to use such content. All rights not expressly granted are reserved by Sagan Technology.

 

 

  1. U.S. GOVERNMENT RESTRICTED RIGHTS. All SOFTWARE PRODUCT provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial rights and restrictions described elsewhere herein. All SOFTWARE PRODUCT provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with RESTRICTED RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or FAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.

 

  1. EXPORT RESTRICTIONS. You acknowledge that Software Product is of U.S. origin. You agree to comply with all applicable international and national laws that apply to the Software Product, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments.

 

 

  1. NO WARRANTIES. To the maximum extent permitted by applicable law, SAGAN TECHNOLOGY and its suppliers provide the SOFTWARE PRODUCT and any (if any) Support Services related to the SOFTWARE PRODUCT AS IS AND WITH ALL FAULTS, and hereby disclaim all warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties or conditions of merchantability, of fitness for a particular purpose, of lack of viruses, of accuracy or completeness of responses, of results, and of lack of negligence or lack of workmanlike effort, all with regard to the SOFTWARE PRODUCT, and the provision of or failure to provide Support Services. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT. THE ENTIRE RISK AS TO THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT AND SUPPORT SERVICES, IF ANY, REMAINS WITH YOU.

 

  1. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SAGAN TECHNOLOGY OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS ELA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF SAGAN TECHNOLOGY OR ANY SUPPLIER, AND EVEN IF SAGAN TECHNOLOGY OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

  1. LIMITATION OF LIABILITY. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Sagan Technology and any of its suppliers under any provision of this ELA and your exclusive remedy for all of the foregoing shall be limited to the greater of the amount actually paid by you for the SOFTWARE PRODUCT or U.S.$1.00. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

 

  1. MISCELLANEOUS. If you acquired this SOFTWARE PRODUCT in the United States, this ELA is governed by the laws of the State of Massachusetts. If this SOFTWARE PRODUCT was acquired outside the United States, then local law may apply. Should you have any questions concerning this ELA contact the Sagan Technology via email: