SOFTWARE LICENSE AGREEMENT
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY. BY COPYING, INSTALLING OR USING ANY OR ALL PORTIONS OF THE SOFTWARE YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT COPY, INSTALL OR USE THE SOFTWARE AND, IF PRESENTED WITH THE OPTION TO "ACCEPT" OR "DECLINE" THE TERMS, SELECT "DECLINE", AND DELETE OR RETURN THE SOFTWARE TO THE PLACE OF PURCHASE FOR A REFUND, SUBJECT TO LIMITATION.
1. General. The Petroules software, documentation and any data accompanying this License are licensed, not sold, to you by Petroules Corporation ("Petroules") for use only under the terms of this License. Petroules and its licensors retain ownership of the Petroules Software itself and Petroules reserves all rights not expressly granted to you. The terms of this License will govern any software updates provided by Petroules that replace and/or supplement the original Petroules Software, unless such update is accompanied by a separate license in which case the terms of that license will govern.
2. License Grant and Restrictions
A. Subject to the terms and conditions of this License, unless you obtained the Petroules Software under a volume license or other written agreement from Petroules, you are granted a limited, non-exclusive license to install, use and run two (2) copies of the Petroules Software on any computers that you own or control.
B. Volume License. If you obtained the Petroules Software under a volume license program with Petroules, the terms of your volume license will determine the number of copies of the Petroules Software you are permitted to download, install, use and run on computers you own or control. Except as agreed to in writing by Petroules, all other terms and conditions of this License shall apply to your use of the Petroules Software obtained under a volume or maintenance license.
C. Other Restrictions. You may not, and you agree not to or enable others to, copy (except as expressly permitted by this License), decompile, reverse engineer, reverse assemble, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Petroules Software or any services provided by the Petroules Software or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by licensing terms governing use of Open-Sourced Components that may be included with the Petroules Software).
3. Transfer. You may not and you agree not to, or enable others to, sell, rent, lease, lend, redistribute or sublicense the Petroules Software or any portion thereof. If you sell your computer to a third party, you must remove the Petroules Software from the computer before doing so.
4. Termination. This License is effective until terminated. Your rights under this License will automatically terminate or otherwise cease to be effective without notice from Petroules if you violate or otherwise fail to comply with any term(s) of this License. Upon termination of this License, you must cease all use of the Petroules Software and destroy all copies, full or partial, of the Petroules Software in your possession or control. The provisions of sections 4, 5, 6, 8, 9 and 10 of this License shall survive any termination of this agreement.
5. Disclaimer of Warranties. THIS SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL PETROULES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
6. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL PETROULES BE LIABLE FOR PERSONAL INJURY, OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OF THE PETROULES SOFTWARE OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF PETROULES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL PETROULES' TOTAL LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, IF ANY.
7. U.S. Government End Users. The Petroules Software and documentation are "Commercial Items", as that term is defined at 48 C.F.R. Section 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", and is being licensed to U.S. Government end users (a) only as Commercial Items, and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions of this License. Unpublished-rights reserved under the copyright laws of the United States.
8. Export Regulations. The Petroules Software and technical data delivered under this License are subject to U.S. export control laws and may be subject to export or import regulations in other countries. You may not use or otherwise export or reexport the Petroules Software except as authorized by United States law and the laws of the jurisdiction(s) in which the Petroules Software was obtained. You agree to comply strictly with all such laws and regulations and acknowledge that the Petroules Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Petroules Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. You also agree that you will not use the Petroules Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.
9. Jurisdiction and Severability. This License will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. The United Nations Convention on the International Sale of Goods shall not be applicable to this License. If a provision of this License is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect (a) the validity or enforceability in that jurisdiction of any other provision of this License; or (b) the validity or enforceability in other jurisdictions of that or any other provision of this License.
10. Complete Agreement; Governing Language. This License constitutes the entire agreement between you and Petroules relating to the use of the Petroules Software and supersedes all prior or contemporaneous agreements or understandings relating to the subject matter of this License. No amendment to or modification of this License will be binding unless in writing and signed by Petroules. If there are any contradictions between the English and any non-English version(s) of this License, the English version of this License shall govern, to the extent not prohibited by local law in your jurisdiction.
11. Third Party Acknowledgements
A. Portions of the Petroules Software may utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material, if applicable, are contained in the documentation for the Petroules Software, and your use of such material is governed by their respective terms.
B. Certain software libraries and other third party software which may be included with the Petroules Software are free software licensed under the terms of the GNU Lesser General Public License (LGPL). You may obtain a complete machine-readable copy of the source code for such free software, without charge except for the cost of media, shipping, and handling, upon written request to Petroules at firstname.lastname@example.org. The LGPL software is distributed WITHOUT ANY WARRANTY, without even the implied warranty of MERCHANTABILITY or FITNESS FOR ANY PARTICULAR PURPOSE. A copy of the LGPL is included with the Petroules Software.