This is the license for Beelucid software products. It is a single installation license.
You must agree to the license in order to download any Beelucid products.
Beelucid Software, LLC. END-USER SOFTWARE LICENSE AGREEMENT READ THIS BEFORE YOU CLICK ON THE "I AGREE" BUTTON AT THE BOTTOM OF THIS PAGE TO INSTALL THE BEELUCID SOFTWARE. BEFORE YOU CLICK ON THE "I AGREE" BUTTON AT THE END OF THIS DOCUMENT, PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY. BY CLICKING ON THE "I AGREE" BUTTON, YOU ARE AGREEING TO BECOME A PARTY TO AND BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO BECOME A PARTY TO AND BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, CLICK ON THE "CANCEL" BUTTON. NOTE THIS LICENSE APPLIES SEPARATELY TO EACH BEELUCID SOFTWARE PRODUCT YOU HAVE PURCHASED. 1.Grant of License. Subject to your compliance with the terms and conditions contained in this End-User Software License Agreement ("Agreement"), BEELUCID SOFTWARE, LLC. ("Supplier") grants to you a royalty-free, non-exclusive, non-transferable license (the "License") to use its accompanying proprietary software and any accompanying electronic documentation (collectively, the "Software") solely for your own lawful use. The Software may be installed only on one computer controlled by you. If you wish to use the Software on more than one computer then you must purchase additional licenses. The Software will be downloaded to you electronically upon your acceptance of this Agreement. If you are downloading the Free Trial version of the Software, the Beelucid Software License applies in full to the Free Trial version of the Software, with one additional term: the Free Trial version grants you the right to run the Software only on input programs of 250 lines of source code or less. Each input program provided to the Software must contain no more than 250 lines of source code. Licenses to run the Software on larger input programs you must purchase a Beelucid software license. 2.Ownership of the Software/Restricted Use. Supplier and/or its suppliers or licensors own all title and proprietary rights in and to the Software and all copies thereof, all of which contain valuable trade secrets of Supplier and/or its suppliers or licensors. This License is NOT a sale of the Software or any copy of it, nor a waiver of the rights of Supplier under the U.S. copyright laws or any other Federal, State or other applicable laws. This License does not include the right to sublicense the Software and is personal to you, and therefore may not be assigned (by operation of law or otherwise) or otherwise transferred by you without the prior written consent of Supplier. Without limiting the foregoing, you may not sell, license, sublicense, lend, rent, lease or otherwise transfer the Software. You acknowledge that the Software in source code form remains a confidential trade secret of Supplier and/or its suppliers or licensors, and you understand and agree that in no event shall you make unauthorized copies of, reverse engineer, decipher, decompile, modify, disassemble, or otherwise reduce the Software or any portion thereof to human-perceivable form, or disclose to any third person any portion of the Software in human-perceivable form (except to the extent that the foregoing restriction is expressly prohibited by applicable law), incorporate the Software in whole or in part in any other software or product, or develop derivative works of the Software or allow others to do so, or to attempt to do any of the foregoing, without the express prior written consent of Supplier. 3.Restriction on Copying. You may not copy the Software or permit others to copy the Software, except for backup or archival purposes. Any such copy(ies) made by you shall be subject to this Agreement and shall contain all of Supplier's notices regarding copyrights, trademarks and other proprietary rights as contained in the Software originally provided to you. You may not remove any copyright, trademark, proprietary rights, disclaimer or warning notices included in or embedded in any part of the Software or in any copy you make of the Software. 4.Ownership of Accessed Content. All title, ownership rights, and proprietary rights in and to the information and other content accessed, indexed and/or downloaded from the Internet and World Wide Web ("Web") sites by operation of the Software (collectively, "Content") is the property of the applicable Content owner, including, without limitation, Supplier, its affiliates, and any Internet or Web site Content providers ("Content Providers"). This License gives you no ownership or similar rights with respect to any such Content. 5.No Warranties. THE SOFTWARE IS LICENSED TO YOU FOR NO CHARGE ON AN "AS IS" BASIS AND WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE AND WARRANTIES AS TO ACCURACY, COMPLETENESS OR CURRENTNESS, WITH RESPECT TO THE SOFTWARE AND/OR ANY RELATED SERVICES OR ITEMS OFFERED, INCLUDING, WITHOUT LIMITATION, ANY END-USER SUPPORT SERVICES THAT MAY BE OFFERED, AND ANY CONTENT THAT MAY BE ACCESSED, INDEXED AND/OR DOWNLOADED BY OPERATION OF THE SOFTWARE. Without limiting the foregoing, you are responsible for the supervision, management and control of the use of the Software and any output of the Software, including but not limited to properly installing the Software on your computer system, determining the appropriate uses of the software, and establishing adequate backup to prevent any adverse consequences in the event of a software malfunction. Supplier does not warrant that your use of the Software will be uninterrupted or error-free. the entire risk as to the quality and performance of the Software and any related products and services and any content provided thereby remains with you and, should any of the foregoing prove defective or harmful, you assume the entire risk and cost of servicing, repair or correction. 6.LIMITATIONS ON LIABILITY. SUPPLIER, ITS AFFILIATES, AND ANY LICENSORS, AGENTS, SUPPLIERS AND DISTRIBUTORS THEREOF, INCLUDING WITHOUT LIMITATION ANY CONTENT PROVIDERS, DISCLAIM ALL LIABILITY FOR, AND UNDER NO CIRCUMSTANCES SHALL BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR, ACTUAL OR ALLEGED DAMAGES OF ANY KIND OR CHARACTER (INCLUDING WITHOUT LIMITATION SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES), WHETHER IN CONTRACT, TORT OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA, LOSS OF PROFIT, LOSS OF USE, STOPPAGE OR INTERRUPTION OF BUSINESS, BREACH OF ANY TRADEMARKS, TRADE NAMES, TRADE SECRETS, COPYRIGHTS OR OTHER PROPRIETARY RIGHTS OF ANY THIRD PARTIES, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES OF ANY KIND, ARISING OUT OF OR RELATING TO THE USE OR PERFORMANCE OR NON-PERFORMANCE OF THE SOFTWARE AND/OR RELATED PRODUCTS AND SERVICES (INCLUDING, WITHOUT LIMITATION, THE RETRIEVAL AND DOWNLOADING OF CONTENT OR OTHER INFORMATION BY THE SOFTWARE OR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE THEREON), WHETHER OR NOT FORESEEABLE AND EVEN IF SUPPLIER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 7.Effect of State Law. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION. 8.Export. You may not download or otherwise export or re-export the Software or any underlying information or technology except in full compliance with all United States and/or foreign laws and all other applicable laws and regulations. In particular, but without limitation, none of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list. 9.U.S. Government Restricted Rights. The Software is provided with "Restricted Rights." Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable (and the successor clauses to any of the foregoing). Contractor/manufacturer is Supplier, Inc. 10.Term and Termination of License. This Agreement and the License granted in it shall continue until Supplier announces its termination, and Supplier may terminate the License granted at any time if you are in breach of any of this Agreement's terms and conditions. Upon any termination, or if you should give up your personal use and control of the computers on which the Software is installed, you agree to destroy all copies of the Software and any related materials in any form. 11.General. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE LICENSE AGREEMENT BETWEEN YOU AND SUPPLIER AND SUPERSEDES ANY PROPOSAL, OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND SUPPLIER OR ITS AFFILIATES RELATING TO THE SUBJECT MATTER OF THIS LICENSE AGREEMENT. If any provision of this Agreement is held to be unenforceable in any jurisdiction for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability (a) of such provision under other circumstances or jurisdictions, or (b) of the remaining provisions hereof under all circumstances or jurisdictions. Headings shall not be considered in interpreting this Agreement. This Agreement may be assigned or transferred by Supplier. This Agreement will be governed by the laws of the United States and the laws of the State of California, without regard to conflicts of laws principles. This Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. Any and all disputes relating to this Agreement shall be heard in San Francisco County Superior Court, or in the Northern District of California, and the parties expressly agree to the jurisdiction of those courts.