magicVORTEX(sm) END-USER LICENSE AGREEMENT
(a) "magicVORTEX Software" refers the software program covered by this Agreement.
This Agreement allows you to:
(b) "Sage Analytic" refers to Sage Analytic Technologies, LLC.
(a) Use the magicVORTEX Software on a single computer.
(b) Make one copy of the magicVORTEX Software in machine-readable form solely for backup purposes. You must reproduce on any such copy all copyright notices and any other proprietary legends found on the original.
You may not make or distribute copies of the magicVORTEX Software, or electronically transfer the magicVORTEX Software from one computer to another or over a network. You may not decompile, reverse engineer, disassemble, or otherwise reduce the magicVORTEX Software to a human-perceivable form. You may not modify, rent, resell for profit, distribute or create derivative works based upon the magicVORTEX Software or any part thereof. You will not export or reexport, directly or indirectly, the magicVORTEX Software into any country prohibited by the United States Export Administration Act and the regulations thereunder.
The foregoing license gives you limited rights to use the magicVORTEX Software. You do not become the owner of, and Sage Analytic retains title to, the magicVORTEX Software, and all copies thereof. All rights not specifically granted in this Agreement, including Federal and International Copyrights, are reserved by Sage Analytic.
5. DISCLAIMER OF WARRANTIES AND OF TECHNICAL SUPPORT:
The magicVORTEX Software is provided to you free of charge, and on an "AS IS" basis, without any technical support or warranty of any kind from Sage Analytic including, without limitation, a warranty of merchantability, fitness for a particular purpose and non-infringement. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE. These limitations or exclusions of warranties and liability do not affect or prejudice the statutory rights of a consumer; i.e., a person acquiring goods otherwise than in the course of a business.
6. LIMITATION OF DAMAGES:
SAGE ANALYTIC SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF SAGE ANALYTIC OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. The limited warranty, exclusive remedies and limited liability set forth above are fundamental elements of the basis of the bargain between Sage Analytic and you. You agree that Sage Analytic would not be able to provide the magicVORTEX Software on an economic basis without such limitations.
7. GOVERNMENT END USERS (USA only):
RESTRICTED RIGHTS LEGEND The magicVORTEX Software is "Restricted Computer Software." Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013 (OCT 1988), FAR 12.212(a)(1995), FAR 52.227-19, or FAR 52.227-14, as applicable." Manufacturer: Sage Analytic Technologies, LLC, 3 Kobert Ave., Budd Lake, NJ 07828.
This Agreement shall be governed by the internal laws of the State of New Jersey, United States
of America. This Agreement contains the complete agreement between the parties with respect to
the subject matter hereof, and supersedes all prior or contemporaneous agreements or
understandings, whether oral or written. All questions concerning this Agreement shall be
directed to: Sage Analytic Technologies, LLC, 3 Kobert Ave., Budd Lake, NJ 07828.
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