Nouveau Systems, Inc. Binary Code License Agreement
READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED
SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT")
CAREFULLY BEFORE INSTALLING THE SOFTWARE. BY INTALLING
THE SOFTWARE, YOU AGREE TO THE TERMS OF THIS AGREEMENT.
IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY, YOU
MAY ALSO BE ASKED TO INDICATE YOUR ACCEPTANCE OF THESE
TERMS BY SELECTING THE "ACCEPT" BUTTON BEFORE DOWNLOADING
THE SOFTWARE. IF YOU DO NOT AGREE TO ALL THESE TERMS,
PROMPTLY RETURN THE UNUSED SOFTWARE OR, IF THE SOFTWARE
IS ACCESSED ELECTRONICALLY, SELECT THE "DECLINE" BUTTON
BEFORE INSTALLING THE SOFTWARE.
For inquiries please contact Nouveau Systems, Inc.
- 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
- 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
- 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.
- 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.
- 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
- 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.
- 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
- 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.
- 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
- 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
- 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.
- 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.