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Sendai Systems: GroupVille 2.x Software License Agreement

Document Revision: 3.1.1 - August 15, 2005


Sendai Software License Agreement

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY. BY CLICKING "YES, I AGREE," YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, CLICK "NO, I DO NOT AGREE" AND / OR CLOSE THIS WINDOW AND (IF APPLICABLE) RETURN THIS SOFTWARE OR DISPOSE OF IT.


1. License. The software and documentation accompanying this License whether on disk, on any other media or in any other form (the "Sendai (Server and Client) Software" or "Sendai Software and Bundled Software" (if applicable)) are licensed to you by Sendai Systems ("Sendai") or its licensers. The Software in this package and any copies which this License authorizes you to make are subject to this License.

2a. Sendai Software 'Previews' and 'Betas' : Permitted Use and Restrictions
This License allows you to install and use Sendai Preview and Beta software on an unlimited number of clients and servers . Sendai Preview software and later previews ("Previews", "Beta(s)", ) denoted by a change in version number to the left or right of the decimal point (Preview/Beta Releases 1, 2 ,3...and Preview/Beta Releases xy.b, xy.c, ... respectively ) may be installed and used on an unlimited number of clients and servers at a time.
The Sendai Software PREVIEW releases are provided "AS IS " for TESTING AND EVALUATION PURPOSES ONLY. All other permitted use and restrictions of use are identical to those of regular releases as outlined in section 2b. of this license.

2b. Sendai Software 'Releases', 'Release Candidates' and 'Demos' ('Server Software' and 'Client Software'): Permitted Use and Restrictions
This License allows you to install and use the Sendai Server Software on a single network at a time. This License does not allow the Sendai Server Software to exist on more than one server computer at a time.
The Sendai Client Software may only be installed on the number of server and client machines specified and paid for with the appropriate software license key from Sendai. You are not allowed to use expiring releases ('demos') beyond the specified built-in deadlines.

You may make one copy of the Sendai Server and Client Software in machine-readable form for backup purposes only. The backup copy must include all copyright information contained on the original. Except as expressly permitted in this License, you may not decompile, reverse engineer, disassemble, modify, rent, lease, loan, sublicense, distribute or create derivative works based upon the Sendai Software in whole or part, transmit the Sendai Server Software over a network or install or transmit the Sendai Client Software other than to the number of client and server machines specified and paid for with the appropriate software license key from Sendai.

THE SENDAI SOFTWARE AND BUNDLED SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION SYSTEMS, OR AIR TRAFFIC CONTROL MACHINES IN WHICH CASE THE FAILURE OF THE SENDAI SOFTWARE OR BUNDLED SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

2c. Your rights under this License will terminate automatically without notice from Sendai if you fail to comply with any term(s) of this License.

3. Disclaimer of Warranty on Sendai Software. You expressly acknowledge and agree that use of the Sendai Software and all Bundled Software is at your sole risk.
The Sendai Software and all Bundled Software is provided "AS IS" and without warranty of any kind. SENDAI and SENDAI'S LICENSORS (S)

(for the purposes of provisions 3 and 4, Sendai and Sendai's licensor(s) shall be collectively referred to as "Sendai ")

EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS AND OPERATION IN COMBINATION WITH LICENSEE OR BUNDLED PROGRAMS.
SENDAI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SENDAI SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SENDAI SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SENDAI SOFTWARE OR BUNDLED SOFTWARE WILL BE CORRECTED. FURTHERMORE, SENDAI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SENDAI SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SENDAI OR AN AUTHORIZED SENDAI REPRESENTATIVE OR RESELLER SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
SHOULD THE SENDAI SOFTWARE PROVE DEFECTIVE, YOU (AND NOT SENDAI OR AN AUTHORIZED REPRESENTATIVE OR RESELLER ) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

4. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL SENDAI BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE.

5. Export Law Assurances. You may not use or otherwise export or reexport the Sendai Software and Bundled Software except as authorized by laws of the jurisdiction in which the Sendai Software was obtained.
In particular, but without limitation, the Sendai Software AND ANY BUNDLED SOFTWARE may not be reexported
(i) into (or to a national or resident of) any U.S. embargoed country or
(ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders.
By using the Sendai Software and Bundled Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.

6. Severability. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.

7. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the Sendai Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Sendai. The parties hereto confirm that they have requested that this Agreement and all related documents be drafted in English.

8. Les parties présentes ont expressément exigé que la présente convention soit rédigée en langue anglaise.


Sendai Systems - Bern, Switzerland

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