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Subject to the provisions contained herein, Cullimore and Ring Technologies, Inc. ("C&R") hereby grants you a nonexclusive license to use SINDA/FLUINT, Sinaps, Thermal Desktop, FloCAD and RadCAD ("Software") for personal use and evaluation and demonstration purposes only. You are NOT granted any permissions to charge fees for redistribution, or to use the names SINDA/FLUINT, SINAPS, or Cullimore and Ring Technologies in any manner relating to advertisements or publicity. TITLE. Title, and ownership right, and intellectual property rights in and to the Software and Documentation shall remain in C&R and/or in suppliers to C&R of programs contained in the Software. You agree not to attempt to decipher or decompile the Software or knowingly allow others to do so. You also agree not to develop passwords or registration numbers, or to determine how C&R develops such password(s) or registration numbers, or to otherwise enable any usage or feature on equipment or for users not licensed or to knowingly allow others to do so. REDISTRIBUTION. When Software is transferred, the terms and conditions of this License shall be binding on such successors, and a copy of this license shall accompany all such redistributions. You are prohibited from charging a fee for the redistribution of this software without written consent from C&R. FOREIGN DISTRIBUTION. Whenever a foreign distribution of materials comprising the Software performed, you shall be responsible for obtaining any and all necessary export licenses or authorizations as may be required by the United States such as, but not necessarily limited to, those required by the Department of Commerce and/or the Department of State under Export Administration Act of 1969 (50 U.S.C. App. 2401 et seq., 15 C.F.R. Part 379) and the Mutual Security Act of 1954 (22 U.S.C. 1934, 22 C.F.R. Part 121 et seq.), respectively. Redistribution contrary to U.S. export laws is strictly prohibited. NO WARRANTY. These codes are distributed for demonstration and evaluation purposes only, and are provided "as is." C&R MAKES NO EXPRESS OR IMPLIED WARRANTY AND EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO C&R DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY. NO LIABILITY. Under no circumstances and under no legal theory, tort, contract, or otherwise, shall C&R be liable to you or to any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, or for any damages, even if C&R shall have been informed of the possibility of such damages, or for any claim by any other party. TERMINATION. C&R may terminate this Agreement immediately for any reason. Upon termination of this Agreement, you shall immediately discontinue the use of the Software and shall within ten (10) days destroy all copies of the Software. You may also terminate this Agreement at any time by destroying the Software and Documentation and all copies thereof. MISCELLANEOUS. This Agreement represents the complete and exclusive statement of the agreements concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both parties. If any provision of this Agreement is held to be ineffective, unenforceable, or illegal under certain circumstances for any reason, such decision shall not affect the validity or enforceability (i) of such provision under other circumstances or (ii) of the remaining provision hereof under all circumstances and such provision shall be reformed to and only to the extent necessary to make it effective, enforceable, and legal under such circumstances. This agreement shall be governed by and construed under Colorado law as such law applies to agreements between Colorado residents entered into and to be performed entirely within Colorado, except as required by US Government rules and regulations to be governed by Federal law. US Government Restricted Rights. Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraph (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (C) (1) (ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013. Contractor/manufacturer is Cullimore and Ring Technologies, Inc., 2501 Briarwood Drive, Boulder, Colorado, 80305.
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