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			163 lines
		
	
	
		
			8.1 KiB
		
	
	
	
		
			Plaintext
		
	
	
	
	
	
| Volian Enterprises Inc. PROMS End User Licensing Agreement
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| 
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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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| 
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| 1. Rights.
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| 
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| Volian Enterprises, Inc. (Volian) hereby grants you the nonexclusive, nontransferable right to:
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| 
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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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| 
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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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| 
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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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| 
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| 2. Restrictions.
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| 
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| You agree that you may not:
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| 
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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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| 
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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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| 
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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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| 
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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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| 
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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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| 
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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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| 
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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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| 
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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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| 
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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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| 
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| 3. DISCLAIMER OF WARRANTY, LIMITATIONS OF REMEDIES AND LIABILITY.
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| 
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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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| 
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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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| 
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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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| 
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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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| 
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| 
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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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| 
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| 5. Termination/cancellation.
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| 
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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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| 
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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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| 
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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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| 
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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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| 
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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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| 
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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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| 
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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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| 
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| 6. General.
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| 
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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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| 
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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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| 
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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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