C2018-037 Added Barakah specific EULA to PROMS
This commit is contained in:
parent
14abfda0aa
commit
dcefdc8754
162
PROMS/VEPROMS User Interface/BarakahEULA.txt
Normal file
162
PROMS/VEPROMS User Interface/BarakahEULA.txt
Normal file
@ -0,0 +1,162 @@
|
|||||||
|
Volian Enterprises Inc. PROMS End User Licensing Agreement
|
||||||
|
|
||||||
|
IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a
|
||||||
|
legal agreement between you (either an individual or a single entity) and Volian
|
||||||
|
Enterprises Inc. for the Volian software product identified above, which includes
|
||||||
|
computer software and may include associated media, printed materials, "online"
|
||||||
|
or electronic documentation, and Internet-based services ("Product"). The
|
||||||
|
Software also includes any software updates, add-on components, web services
|
||||||
|
and/or supplements that the Licensor may provide to You or make available to You
|
||||||
|
after the day You obtain Your initial copy of the Software to the extent that such
|
||||||
|
items are not accompanied by a separate license agreement or terms of use. An
|
||||||
|
amendment or addendum to this EULA may accompany the Product. YOU AGREE
|
||||||
|
TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR
|
||||||
|
OTHERWISE USING THE PRODUCT. IF YOU DO NOT AGREE, DO NOT INSTALL
|
||||||
|
OR USE THE PRODUCT AND CONTACT VOLIAN ENTERPRISES IMMEDIATELY.
|
||||||
|
|
||||||
|
1. Rights.
|
||||||
|
|
||||||
|
Volian Enterprises, Inc. (Volian) hereby grants you the nonexclusive, nontransferable right to:
|
||||||
|
|
||||||
|
(a) Use the software contained in this package (software) called PROMS, during the
|
||||||
|
term of this Agreement to support the designated facilities, Barakah NPP Units 1,
|
||||||
|
2, 3 and 4, in the original contract (or purchase order) between your company
|
||||||
|
(hereafter termed "Designated Sites") and Volian.
|
||||||
|
|
||||||
|
(b) Use the documentation contained in this package (documentation) at the
|
||||||
|
designated sites and another corporate facility supporting the licensed site(s)
|
||||||
|
during the term of this Agreement.
|
||||||
|
|
||||||
|
(c) Make one copy of the software and the documentation for archival or backup
|
||||||
|
purposes, provided that such copies contains all of the restrictive and proprietary
|
||||||
|
legends of Volian and others that are contained in or appear on the software and
|
||||||
|
documentation.
|
||||||
|
|
||||||
|
2. Restrictions.
|
||||||
|
|
||||||
|
You agree that you may not:
|
||||||
|
|
||||||
|
(a) Remove, alter or destroy any restrictive or proprietary markings or legends of
|
||||||
|
Volian or of others that are contained in or appear on the software or
|
||||||
|
documentation.
|
||||||
|
|
||||||
|
(b) Use the software or documentation at sites other than those designated in
|
||||||
|
Paragraph 1.(a) or at other corporate facilities in support of operations at sites
|
||||||
|
other than those so designated.
|
||||||
|
|
||||||
|
(c) Use the software, or permit it to be used, in any computer service, business,
|
||||||
|
timesharing, or other multiple user arrangement for or with users who are not
|
||||||
|
licensed by Volian to use the same software.
|
||||||
|
|
||||||
|
(d) Copy the software or documentation, except and to the extent provided in
|
||||||
|
Paragraph 1(c).
|
||||||
|
|
||||||
|
(e) Loan, sublicense, distribute, lease, disclose or transfer the software or the
|
||||||
|
documentation, in whole or in part, to any third party without prior written consent
|
||||||
|
of Volian.
|
||||||
|
|
||||||
|
(f) Include the software or documentation or any part or parts thereof in any
|
||||||
|
software or documentation developed by or for you without prior written consent
|
||||||
|
of Volian.
|
||||||
|
|
||||||
|
(g) Reverse engineer or otherwise reduce the software to human-perceivable form.
|
||||||
|
(h) Use the software, documentation or any portion thereof after any expiration,
|
||||||
|
termination or cancellation of this Agreement or any license granted hereunder.
|
||||||
|
|
||||||
|
(i) Use a Product identified as an upgrade unless you are licensed for the product
|
||||||
|
identified by Volian as eligible for the upgrade. After upgrading, you may no longer
|
||||||
|
use the product that formed the basis for your upgrade eligibility. You may use the
|
||||||
|
resulting upgraded product only in accordance with the terms of this EULA.
|
||||||
|
|
||||||
|
(j) Use the software at new or non-designated facilities unless authorized my
|
||||||
|
Volian.
|
||||||
|
|
||||||
|
3. DISCLAIMER OF WARRANTY, LIMITATIONS OF REMEDIES AND LIABILITY.
|
||||||
|
|
||||||
|
(a) Volian has attempted to provide software which will perform as described in the
|
||||||
|
associated documentation. Volian, however, does not warrant the software or the
|
||||||
|
associated documentation. THE SOFTWARE AND DOCUMENTATION CONTAINED
|
||||||
|
IN THIS PACKAGE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY
|
||||||
|
OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
|
||||||
|
LIMITATION, ANY WARRANTY WITH RESPECT TO ITS MERCHANTABILITY OR ITS
|
||||||
|
FITNESS FOR ANY PARTICULAR PURPOSE. You assume the entire risk arising
|
||||||
|
from the selection and use of the software, and Volian shall have no liability for any
|
||||||
|
errors, malfunctions, defects, or loss of data resulting from or related to the use of
|
||||||
|
the software and/or the associated documentation.
|
||||||
|
|
||||||
|
(b) Volian shall not be liable to you for any indirect, special or consequential
|
||||||
|
damages or lost profits, interruptions or delays, loss of information and the like,
|
||||||
|
arising out of or related to the use of or the inability to use the software or the
|
||||||
|
associated documentation for any reason whatsoever, even if the possibility of
|
||||||
|
such damages were reasonably foreseeable or within the knowledge of Volian. In
|
||||||
|
no event shall Volian's liability hereunder extend beyond replacing the software
|
||||||
|
and/or the associated documentation or exceed the purchase price paid for same.
|
||||||
|
|
||||||
|
(c) Some states may not recognize the foregoing limited warranty, limitation of
|
||||||
|
remedies and/or limitation of liability and, if you qualify, you may have different
|
||||||
|
and/or additional rights and remedies. You should consult the applicable law in
|
||||||
|
your state in this regard.
|
||||||
|
|
||||||
|
(d) This software is NOT CONSIDERED TO BE SAFETY RELATED IN ANY WAY. It
|
||||||
|
is the end user's responsibility to verify the correctness of the documents
|
||||||
|
generated with software.
|
||||||
|
4. Term.
|
||||||
|
|
||||||
|
|
||||||
|
The term of this Agreement and the license granted to you, pursuant to Paragraph
|
||||||
|
1, shall commence upon your acceptance of this EULA and shall terminate upon
|
||||||
|
termination/cancellation by Volian or the end-user.
|
||||||
|
|
||||||
|
5. Termination/cancellation.
|
||||||
|
|
||||||
|
This Agreement and the license granted herein may be terminated/cancelled by
|
||||||
|
Volian in the event you are in breach of any material provision of this Agreement.
|
||||||
|
In addition, Volian may terminate/cancel this Agreement and any license granted
|
||||||
|
to Licensee hereunder if:
|
||||||
|
|
||||||
|
(a) Licensee fails to pay Licensor any license fee or monetary charge associated
|
||||||
|
with this software package;
|
||||||
|
|
||||||
|
(b) Licensee is in default of any other provision hereof and such default is not cured
|
||||||
|
within ten days after Licensor gives Licensee written notice thereof; or
|
||||||
|
|
||||||
|
(c) Licensee becomes insolvent or seeks protection, voluntarily or involuntarily,
|
||||||
|
under any bankruptcy law.
|
||||||
|
In the event of any termination/cancellation of this Agreement or of any license
|
||||||
|
granted hereunder, Licensor may:
|
||||||
|
|
||||||
|
(a) Require that Licensee cease any further Use of the licensed Product or any
|
||||||
|
portion thereof and immediately return the same and all copies thereof, in whole or
|
||||||
|
in part, to Licensor; and
|
||||||
|
|
||||||
|
(b) Cease performance of all Licensor's obligations hereunder, without liability to
|
||||||
|
Licensee.
|
||||||
|
|
||||||
|
Licensor's foregoing rights and remedies shall be cumulative and in addition to all
|
||||||
|
other rights and remedies available to Licensor in law and in equity.
|
||||||
|
Volian or the end-user must communicate its intent to terminate via written media
|
||||||
|
to the other party. Upon termination or cancellation of the PROMS license, the
|
||||||
|
Licensee agrees to return all copies of the latest version of the software and
|
||||||
|
documentation to Volian within ten days of termination. The Licensee will confirm
|
||||||
|
in writing that all previous versions of the software and documentation have been
|
||||||
|
destroyed.
|
||||||
|
|
||||||
|
6. General.
|
||||||
|
|
||||||
|
(a) This Agreement is the entire agreement and understanding of the parties with
|
||||||
|
respect to the software and documentation, and supersedes all prior oral, written
|
||||||
|
or other representations and agreements. This Agreement may only be amended
|
||||||
|
in writing by an authorized officer of Volian, and Volian expressly rejects all other
|
||||||
|
modifications to this Agreement and all additional terms and conditions.
|
||||||
|
|
||||||
|
(b) Title in and to the software and documentation remain exclusively in Volian,
|
||||||
|
subject to the express, limited and nonexclusive license granted to you pursuant
|
||||||
|
to Paragraph 1.
|
||||||
|
|
||||||
|
(c) The software and documentation may not be exported outside of the United
|
||||||
|
States without Volian's prior written permission and, if Volian gives such
|
||||||
|
permission, the exportation of the software and documentation shall be subject to
|
||||||
|
the National Nuclear Security Administration’s Office of Nonproliferation and Arms
|
||||||
|
Control (NPAC) of the United States Department of Energy.
|
||||||
|
(d) This Agreement shall be governed by the laws of the Commonwealth of
|
||||||
|
Pennsylvania.
|
||||||
@ -234,6 +234,9 @@ namespace Volian.Base.Library
|
|||||||
case "WESTINGHOUSE":
|
case "WESTINGHOUSE":
|
||||||
_EULAfile = "WestinghouseEULA.txt";
|
_EULAfile = "WestinghouseEULA.txt";
|
||||||
break;
|
break;
|
||||||
|
case "BARAKAH":
|
||||||
|
_EULAfile = "BarakahEULA.txt"; // C2018-037
|
||||||
|
break;
|
||||||
default:
|
default:
|
||||||
_EULAfile = "EULA.txt";
|
_EULAfile = "EULA.txt";
|
||||||
break;
|
break;
|
||||||
|
|||||||
Loading…
x
Reference in New Issue
Block a user