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Before downloading you must agree with the following statement:
PRIOR TO USING THIS SOFTWARE, THE USER MUST ACQUAINT HIM/HERSELF IN DETAIL WITH THE TERMS OF THIS SOFTWARE LICENSING AGREEMENT (HEREINAFTER "THE LICENCE"). USE OF THIS SOFTWARE BINDS THE USER TO ABIDE BY THE TERMS OF THE LICENCE. IF THE USER IS NOT ACQUAINTED WITH THE TERMS OF THE LICENCE, HE/SHE MUST RETURN THIS SOFTWARE TO THE VENDOR IN RETURN FOR A FULL PRICE REFUND.

1. The licence. The software and documentation covered by the licence, on diskettes, in internal memory, on other media or in other forms (hereinafter "the software") are provided in accordance with the licence of the NEXTWELL company or its local subsidiaries (hereinafter "NEXTWELL"). The user is the owner of the medium on which the software is stored, however NEXTWELL or the holder of the NEXTWELL licence is the owner of the software. The software and any authorised copies of the software are subject to the terms of the licence.

2. Extent of use, restrictions on use. The terms of the licence permit the user to install the control component of the software on one computer. The user is permitted to use the software only to the extent of his/her user authorisation, which is non-transferable to third parties. User authorisation takes the form of a licence data file which is part of the control component of the software. It is not permitted to install the control component of the software on more than one computer. The user is permitted to create one machine-readable copy of the software as backup; the backup copy must include all of the copyright information contained in the original. With the exception of cases explicitly permitted by the licence, it is not permitted to decompose the software; to disassemble it into separate parts; to modify it; to lease, lend or offer it under licence to third parties; to distribute it; to create derivatives of it; or to transfer it via networks from one computer to another. THE SOFTWARE IS NOT DESIGNED FOR USE IN NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, AIR TRAFFIC CONTROL, OR COMMUNICATION SYSTEMS IN WHICH THERE EXISTS A RISK OF DEATH, INJURY TO PERSONS, DAMAGE TO PROPERTY OR DAMAGE TO THE ENVIRONMENT. The rights ensuing from this licence automatically and non-negotiably become null and void if the user breaks the terms of the licence.

3. Restricted warranty on media. NEXTWELL provides warranty coverage on media in conditions of normal use for a period of six (6) months from the date of purchase. This warranty applies to material and labour and is provided at the discretion of NEXTWELL either in the form of the refund of the purchase price or in the form of the replacement of a faulty product on submission of a copy of the purchase receipt to NEXTWELL or an authorised representative. THIS WARRANTY ON MEDIA, INCLUDING ALL IMPLIED GUARANTEES OF MARKETABILITY AND SUITABILITY FOR SPECIFIC USE, IS RESTRICTED TO A PERIOD OF SIX (6) MONTHS FROM THE DATE OF PURCHASE. IF THE ABOVE-STATED RESTRICTION IS NOT IN ACCORDANCE WITH LEGAL REGULATIONS, THE RESTRICTION DOES NOT APPLY. THIS WARRANTY IS THE SINGLE AND EXCLUSIVE WARRANTY AND REPLACES ANY OTHER WARRANTIES AND PROVISIONS FOR COMPENSATION, WHETHER WRITTEN OR ORAL, EXPLICIT OR IMPLIED. NEXTWELL EXPLICITLY REPUDIATES ALL OTHER FORMS OF WARRANTY. This warranty provides users with specific rights in addition to rights arising from legal regulations in individual countries.

4. Disqualification from warranty on software. The user explicitly states that he/she uses the software at his/her own risk. The software is provided "AS IT IS", without any warranty whatsoever, and NEXTWELL or the holder of the NEXTWELL licence (for the purposes of Articles 3 and 4 hereinafter jointly referred to as "NEXTWELL") HEREBY EXPLICITLY REPUDIATES ALL EXPLICIT OR IMPLIED GUARANTEES INCLUDING GUARANTEES OF MARKETABILITY, SATISFACTORY QUALITY, SUITABILITY FOR SPECIFIC USE, AND NON-IMPINGEMENT ON THE RIGHTS OF THIRD PARTIES. NEXTWELL DOES NOT GUARANTEE THAT THE RESULTS OF USE OF THE SOFTWARE AND RELATED DOCUMENTATION WILL BE PRECISE, CORRECT OR OTHERWISE RELIABLE. ADVICE OR INFORMATION PROVIDED BY NEXTWELL OR ITS AUTHORISED REPRESENTATIVES DO NOT CONSTITUTE ANY FORM OF WARRANTY, NOR DOES SUCH ADVICE OR INFORMATION EXTEND THE EXISTING WARRANTY. IF THE SOFTWARE IS FOUND TO BE FAULTY, THE USER (AND IN NO CIRCUMSTANCES NEXTWELL OR ITS AUTHORISED REPRESENTATIVE) IS LIABLE FOR ALL COSTS CONNECTED WITH REMEDIAL ACTION TO CORRECT THE FAULT. IF THE ABOVE-STATED RESTRICTION ON IMPLIED GUARANTEES IS NOT IN ACCORDANCE WITH LEGAL REGULATIONS, THE RESTRICTION DOES NOT APPLY. THE ABOVE-STATED TERMS DO NOT CAUSE DETRIMENT TO THE LEGAL RIGHTS OF CONSUMERS WHO OBTAINED THE PRODUCT BY OTHER MEANS; THE ABOVE-STATED TERMS DO NOT RESTRICT OR EXCLUDE LIABILITY IN CASES OF DEATH OR DAMAGE TO HEALTH CAUSED BY NEGLIGENCE ON THE PART OF NEXTWELL.

5. Limitation of liability. IN NO CIRCUMSTANCES, INCLUDING THOSE OF NEGLIGENCE, DOES NEXTWELL ACCEPT RESPONSIBILITY FOR INDIRECT DAMAGE OCCURRING IN CONNECTION WITH THIS LICENCE. IF THE ABOVE-STATED RESTRICTION ON INDIRECT DAMAGE IS NOT IN ACCORDANCE WITH LEGAL REGULATIONS, THE RESTRICTION DOES NOT APPLY. The total liability of NEXTWELL for damage does not exceed fifty dollars (50 USD).

6. Terms of export. It is not permitted to export or re-export the software with the exception of cases permitted by legal regulations in the country of purchase. In particular, it is not permitted to export software (1) to countries (including citizens and residents of those countries) subject to an export embargo, or (2) to persons and entities listed on the register of undesirable persons of the United States Department of the Treasury or listed on the register of forbidden exports of the United States Department of Commerce. Use of this software binds the use to declare that he/she is not a citizen of any of these countries and is not listed on the above-stated registers.

7. Governing law and partibility. If a subsidiary of NEXTWELL operates in the country in which the software was purchased, the terms of the licence are governed by the legal regulations of the country in which the subsidiary operates. In other cases the terms of the licence are governed by the legal regulations of the United States of America and the State of California. If any term of this contract is judged invalid in a court of law, the remaining terms remain valid and operative.

8. Integrity of the licence. This software licensing agreement constitutes a complete and integral agreement between parties and governs the use of the defined software. The licence replaces all previous agreements on the subject governed by the licence. Alterations and addenda to the licence are valid only if carried out in writing and undersigned by NEXTWELL.
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