Nouveau Systems, Inc. Binary Code License Agreement

1. LICENSE TO USE. Nouveau Systems grants you a non-exclusive and non-transferable license of the accompanying software and documentation and any error corrections provided by Nouveau Systems (collectively "Software").
   • Non-commercial Licensees may use the Personal Edition of the Software, either alone or in combination with other software, as long as the Software or combination is not distributed for commercial gain and, if distributed, recipients receive and agree to this license as regards the Software. Any distribution or redistribution for commercial gain requires a commercial license.
   • Commercial Licensees may use a single installation of whichever version for whichever platform they have licensed from Nouveau Systems, either alone or in combination with other software, as long as the Software is not copied, except for archival purposes, and the Software or combination is not distributed in any form. Any distribution of the Software or any combination requires a Distribution License.
   • Distribution Licensees may distribute whichever version(s) for whichever platform(s) they have licensed, either alone or in combination with other software, according to the terms of their individual distribution license agreements with Nouveau Systems.
2. RESTRICTIONS. Software is confidential and copyrighted. Title to Software and all associated intellectual property rights is retained by Nouveau Systems and/or its licensors. Unless enforcement is prohibited by applicable law, you may not modify, decompile, or reverse engineer Software. You acknowledge that Software is not designed, licensed or intended for use in the design, construction, operation or maintenance of any nuclear facility. Nouveau Systems disclaims any express or implied warranty of fitness for such uses. No right, title or interest in or to any trademark, service mark, logo or trade name of Nouveau Systems or its licensors is granted under this Agreement.
3. LIMITED WARRANTY. Software is provided "AS IS". Absolutely no warranty or remedies are available for Non-commercial Licensees, and Nouveau Systems assumes no liability whatsoever. For Commercial and Distribution Licensees, your exclusive remedy and Nouveau Systems's entire liability under this limited warranty will be at Nouveau Systems's option to replace Software media or refund the fee paid for Software.
4. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
5. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL NOUVEAU SYSTEMS OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF NOUVEAU SYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Nouveau Systems' liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for Software under this Agreement. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose.
6. Termination. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of Software. This Agreement will terminate immediately without notice from Nouveau Systems if you fail to comply with any provision of this Agreement. Upon Termination, you must destroy all copies of Software. Nouveau Systems may also terminate this Agreement immediately should any Software become, or in Nouveau Systems's opinion be likely to become, the subject of a claim of infringement of a patent, trade secret, copyright or other intellectual property right.
7. Export Regulations. All Software and technical data delivered under this Agreement are subject to US export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery to you.
8. U.S. Government Restricted Rights. If Software is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government's rights in Software and accompanying documentation will be only as set forth in this Agreement; this is in accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD) acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).
9. Governing Law. Any action related to this Agreement will be governed by California law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply.
10. Severability. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.
11. Integration. This Agreement is the entire agreement between you and Nouveau Systems relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.