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