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:
- 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.
- 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.
- 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
- 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.
- 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.