THE FOLLOW ING LICE NSE AGREEMENT APPLIES TO THE STELLA 7.0.2 SAVE-DISABLED RUNTIME
HIGH PERFORlvIANCE SYSTEM S, INC. SOfTWARE LICENSE AGRE EMENT
PLEASE REVIEW THE FOLLOW ING TERMS AND CONDIT IONS OF THIS AGRE EMENT CAREFULLY. THIS IS A
LEGAL AGR EEMENT BETWEEN YOU AND HIGII PERFORlvlA NCE SYSTEMS, INC. AND HIGII PERFORM ANCE
SYSTEMS , INC'S L1CENSOR(S) . THE TERMS OF THIS AGREEMENT GOVER N YOUR USE OF TH IS SOFTWARE
PACKAGE (REFERRED TO IN THIS AG REEMENT AS THE "SOFTWARE"). BY USING THE SOFTWARE, YOU ARE
AGREE ING TO BE BOUND BY THE TERMS OF TH IS LICENSE. IF YOU DO NOT AGREE TO TIlE TERMS AND
CO NDITIONS OF THIS LICENSE , PROMPTLY RETURN THE UNUSED SOFTWARE TO HIGH PERFORMA NCE
SYSTEMS , INC.
I. Gran t of License. High Performance Systems , Inc., as Licensor, grants to you, as Licensee , a non-exclusiv e right to use and
display this copy of the Softwa re on one comp uter.
2. Owner shi p of Softwa re. As Licensee, you own the magnetic or other physical media on which the Softwa re is origina lly or
subsequently recorded or fixed, but High Performance Syste ms, Inc. and its Licensor(s) retain title and ownership o f their
portion of the Software, both as originally recorded and all subsequent copies made of the Softwa re rega rdless of the fonn or
media in or on which the original or copies may exist. Thi s license is not a sale of the original Softwa re or any copy.
3. Copy Restrictions. The Software and the accompanying written materials are protected by U.S. Copyrigh t laws. Unauthorized
cop ying of the Software or of the original writte n materials is express ly forbidden. You may be held legally responsib le for any
copyright infringemen t that is caused or encouraged by your failure to abide by the terms of this Agreement. Subj ect to these
restrictions, you may make one (1) copy of the Software solely for back-up purposes provided such back-up copy conta ins the
same proprietary notices as appear in the orig inal copy of the Software.
4. Use Restrictions. As the Licensee, you may remove the Software from one computer and physicall y transfer it to another
co mputer, but the Software shall not under any circumstances exist at the same time on more than the number of computers
allowed for by this license. You may not distribut e copies of the Software or the accompanying written materials to others . You
may not modi fy, adapt, translate , reverse engineer, decom pile, disassemble, or create derivative works base d on the Software.
You may not modify, adapt , translate or create derivative works based on the written materials without the prior written consent
of High Performance Systems, Inc.
5. Transfer Restrictions. The Softwa re is licensed to only you, the Licensee. In no event may you transfer, rent, sell, or
otherwise dispose of the Software on a temporary or permanent basis without the prior written consent of High Performance
Syste ms, Inc. Any authorized transferee of the Software shall be bound by the terms and conditions of this Agreement.
6. Termina tion, This license is effective untiltenninated. You may terminate this license at any time by destroying the Softwa re,
related doc umentation and all allowable copies thereof. This license will termina te automatica lly without notice from High
Performance Syste ms, Inc. if you fail to com ply with any provision of this license. Upon termination you sha ll destroy the
written materials and all allowa ble copies of the So ftware.
7. Disclaimer of Warrant y on Softwa re. TH E SOFTWARE AND ACCOMPAJ','YING WRITTEN MATERIALS ARE
PROVID ED "AS IS" WITHO UT WARRA NTY, EXPRESS OR IMPLIED, OF ANY KIND, AND HIGH PERFOR,\1A NCE
SYSTEMS , INC. AND HIGH PERFORMANCE SYSTEMS , INC'S LICENSOR(S) (FO R THE PURPOSE OF PROVISIONS
8 AND 9, HIGH PERFORMANCE SYSTEMS, INC. AND HIGH PERFORMANCE SYSTEMS INC'S LICEN SOR(S)
SHALL BE COLLE CTIVEL Y REFERR ED TO AS HIGH PERFORMANCE SYSTEM S, INc.) SPECIFlCALLY DISCLAIM
THE IMPLIED WA RRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHA NTABILITY. NO ORA L
OR WRITTE N INFO RMATION OR ADVICE GIVEN BY HIGH PERFORMANCE SYSTEMS , INC., ITS DEALERS,
DISTRIB UTORS, AGEN TS O R EMPLOYEES SHALL CREATE A WARRANTY , AND YOU MA Y NOT RELY UPON
SUCH INFO RMATION OR ADVICE.
8. Limitations of Remedies. NEITHER HIGH PERFOR,'vIANCE SYSTEMS, INC. NOR ANYONE ELSE WHO HAS BEEN
INVOLV ED ON BEHALF OF HIGH PERFORMA NCE SYSTEMS, INC. IN TH E CREATION, PROD UCTIO N OR
DELIVERY OF TH E SOFTWARE SHALL BE LIABLE FOR ANY SPECIAL, CONSEQUEN TIAL, OR INC IDENTAL
DAMAG ES (INCLUDING DAMAG E FOR LOSS OF BUSINESS PROFIT , BUSINESS INTERR UPTION, LOSS OF DATA ,
AND TH E LIKE) ARISING OUT OF TH E USE O R INABILITY TO USE THE SOFTWARE , EVEN IF HIGH
PERFORMA NCE SYST EMS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAG ES. Some
juri sdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
9. Miscellan eous. This Agreement shall be governed by the laws of the State of New Hampshire and you agree to submit to
personal j urisdiction in the State of New Hampshire. This Agreement constitutes the complete and exclusive statement of the
terms of the Agreement between you and High Performance Systems, Inc. and its licensor(s). It supersedes and replaces any
pre vious written or oral agreements and communicatio ns relating to the Software. If for any reason a court of comp etent
juri sdiction finds any provision of this Agreement, or portion thereof, to be unenforceab le, that provision of the Agreement shall
be enforced to the maximum extent permissible so as to effec t the intent of the parties, and the remainder of this Agreement
shall con tinue in full force and effect.
10. Year 2000 Com pliance. The softw are has been designed in such a man ner that it will not generate invalid and/or incorrect
da te-related results or cause any of the problems commonly referred to as "Yea r 2000 Problems ." It will continue to opera te
cons istent ly, predictably, and accurately, in accordance with the requirements commonly expec ted of the Software. The
Licenso rs disclaim all liabili ty, howev er, for the Software if it interfaces with third-party products or software (including the
hardware upon which the Softwa re is operate d) that are not Year 2000 compliant. The Licensors in all circumstances disclaim
all liability for incidental, consequential, exemplary, special, or indirect damage relating to Year 2000 Problems even if the
Licensors have been advised of the possibility of the same, and regardless of the form of the action.
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