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ELECTRONIC END USER LICENSE AGREEMENT
FOR DIFFRACTION INTERNATIONAL DURANGO PROGRAM


NOTICE TO USER: THIS IS A CONTRACT BETWEEN YOU AND DIFFRACTION INTERNATIONAL, LTD.. BY INSTALLING, COPYING OR OTHERWISE USING THIS PROGRAM YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT


This End User License Agreement accompanies the Diffraction International DURANGO Program. The term “Program” as used herein shall refer to the Software or computer program known as the DURANGO program developed by Diffraction International, Ltd. (hereinafter Diffraction International) and as from time to time upgraded by Diffraction International. Please read this Agreement. At the end, you will be asked to accept this Agreement and continue to install or, if you do not wish to accept this Agreement, to decline this Agreement, in which case you will not be able to use the Program.

Upon your acceptance of this Agreement, Diffraction International grants to you a nonexclusive license to use the Program provided that you agree to the following:

  1. Use of the Program
    You may install the Program on a hard disk or other storage device; install and use the Program on a file server for use on a network for the purposes of (i) permanent installation onto hard disks or other storage devices or (ii) use of the Program over such network; and make backup copies of the Program.
    You may make and distribute unlimited copies of the Software, including copies for commercial distribution, as long as each copy that you make and distribute contains this Agreement, and the same Copyright and other proprietary notices pertaining to this Program that appear in the Program. If you download the Program from the Internet or similar on-line source, you must include the Diffraction International Copyright notice for the Program with any on-line distribution and on any media you distribute that includes the Program Software.
  2. Title to the Program
    No title or ownership of the Program is transferred to the Licensee. The Licensee will not sell the rights to the Program, but shall be free to license Program to unlimited end users under the terms and conditions set forth herein. All copies of the Program provided under license shall carry a Copyright notice as designated on the original Program, or as designated by Diffraction International, and shall include all of the terms of the Electronic End User License Agreement.
    Trademarks may be used as they appear in the Program and in printed output produced by the Program, in accordance with accepted trademark practice, including identification of trademark owner’s name. Such use of any trademark does not give you any rights of ownership in that trademark. Except as stated above, this Agreement does not grant any intellectual property rights in the Program.
  3. Agreed Upon Restrictions
    You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Program. Although you may customize the installer for the Program as documented on the Diffraction International CD-ROM (e.g., installation of additional plug-in and help files) you may not otherwise alter or modify the installer program or create a new installer for the Program. The Program is licensed and distributed by Diffraction International for viewing, distributing and sharing Durango files. Any plug-in or enhancement that permits you to save modifications to a Durango file is authorized only for use with the Program.
  4. No Warranty
    Unless you have entered into Diffraction International’s Durango Commercial License Agreement and its Technical Support and Upgrade Agreement, in which case the warranties in such Agreements shall control, the Program is being delivered to you AS IS and Diffraction International makes no warranty as to its use or performance. DIFFRACTION INTERNATIONAL AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE PROGRAM. DIFFRACTION INTERNATIONAL AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL DIFFRACTION INTERNATIONAL OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS.
  5. Governing Law and General Provisions
    This Agreement will be governed by the laws of the State of Minnesota, U.S.A., excluding the application of its conflicts of law rules. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforcecable according to its terms. You agree that the Program will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations. This Agreement shall automatically terminate upon failure by you to comply with its terms. All copies of the Program under your control shall be destroyed upon termination. This Agreement may only be modified in writing signed by an authorized officer of Diffraction International.

All rights reserved under the Copyright laws of the United States.
Durango is a trademark of Diffraction International.
YOUR ACCEPTANCE OF THE FOREGOING AGREEMENT WAS INDICATED DURING INSTALLATION.

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Copyright 1998–2014 Diffraction International
Page updated: 17 October 2014

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