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LICENSE
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NONCOMMERCIAL END-USER LICENSE AGREEMENT
Be sure to carefully read and understand all of the rights and
restrictions described in this End-User License Agreement (“EULA”). BY
DOWNLOADING, INSTALLING, ACCESSING, AND/OR OTHERWISE USING THE
SOFTWARE, YOU ACCEPT AND AGREE WITHOUT RESERVATION TO BE BOUND BY
THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS IN THEIR ENTIRETY, YOU
ARE NOT AUTHORIZED TO DOWNLOAD, INSTALL, OR USE THE SOFTWARE IN ANY
WAY. Alternative license terms may be available to you by
contacting contracts@galois.com.
This EULA is a legal agreement between you (either an individual or a
single entity) and Galois, Inc. (“GALOIS”) for the software referred
to by GALOIS as the “Software Analysis Workbench” which includes the
computer software, and may include associated media, printed materials
and any “online” or electronic documentation (“Software”). By
utilizing the Software, you agree to be bound by the terms of this
EULA. If you do not agree to the terms of this EULA, you may not
access or use the Software.
GRANT OF LIMITED LICENSE. GALOIS hereby grants to you a personal,
non-exclusive, non-transferable, royalty-free license to access, use
and modify the Software for your own internal, non-commercial
purposes. Teaching and academic research are typical examples of
non-commercial use. If your project receives external funding from
other than U.S. Government research grants or contracts, you must
obtain a commercial license from Galois.
The Software is licensed to you, and such license does not constitute
a sale of the Software. GALOIS reserves the right to release the
Software under different license terms or to stop distributing or
providing access to the Software at any time.
RESTRICTIONS. You may not use or distribute this Software, or any
derivative works of this Software, for commercial purposes. Examples
of commercial purposes include running business operations; licensing,
leasing, or selling the Software; distributing the Software for use
with commercial products; using the Software in the creation or use of
commercial products; or any other activity whose purpose is to procure
a commercial gain to you or others.
You may not: (i) distribute, sublicense, rent or lease the Software,
except as expressly permitted under the limited license above; or (ii)
sell professional services or commercial products based on the use of
this software or the interpretation of its results..
OWNERSHIP. GALOIS is the sole owner of the Software and the
intellectual property rights therein. You agree that GALOIS retains
title to and ownership of the Software and that you will keep
confidential and use your best efforts to prevent and protect the
Software from unauthorized access, use or disclosure. All trademarks,
service marks, and trade names are proprietary to GALOIS. All rights
not expressly granted herein are hereby reserved.
TERMINATION. The EULA is effective upon the date you first use the
Software and shall continue until terminated as specified below.
You may terminate the EULA at any time prior to the natural expiration
date by destroying the Software and any and all related documentation
and copies and installations thereof, whether made under the terms of
these terms or otherwise. GALOIS may terminate the EULA if you fail to
comply with any condition of the EULA or at GALOIS' discretion for
good cause. If you sue anyone over patents that you think may apply to
the software or anyone's use of the software, this EULA (and your
license and rights obtained herein) terminate automatically. Upon
termination, you must destroy the Software in your possession, if any,
and any and all copies thereof. In the event of termination for any
reason, the provisions set forth under the paragraphs entitled
DISCLAIMER OF ALL WARRANTIES, EXCLUSION OF ALL DAMAGES, and LIMITATION
AND RELEASE OF LIABILITY shall survive.
DISCLAIMER OF ALL WARRANTIES. GALOIS PROVIDES THE SOFTWARE “AS IS”
AND WITH ALL FAULTS, AND HEREBY DISCLAIMS ALL OTHER WARRANTIES AND
CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT
LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF
VIRUSES AND OF LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT. ALSO,
THERE IS NO WARRANTY OR CONDITION OF TITLE, OF QUIET ENJOYMENT OR OF
NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR
PERFORMANCE OF THE SOFTWARE IS WITH YOU.
EXCLUSION OF ALL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT SHALL GALOIS BE LIABLE FOR ANY
CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE OR
OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
ANY INJURY TO PERSON OR PROPERTY, DAMAGES FOR LOSS OF PROFITS,
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, FOR LOSS OF
PRIVACY FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF
REASONABLE CARE, FOR NEGLIGENCE AND FOR ANY PECUNIARY OR OTHER LOSS
WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR
INABILITY TO USE THE SOFTWARE, EVEN IF GALOIS HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF DAMAGES SHALL BE
EFFECTIVE EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
LIMITATION AND RELEASE OF LIABILITY. GALOIS has included in this EULA
terms that disclaim all warranties and liability for the Software. To
the full extent allowed by law, YOU HEREBY RELEASE GALOIS FROM ANY AND
ALL LIABILITY ARISING FROM OR RELATED TO ALL CLAIMS CONCERNING THE
SOFTWARE OR ITS USE. If you do not wish to accept access to the
Software under the terms of this EULA, do not access or use the
Software. No refund will be made, because the Software was provided to
you at no charge. Independent of, severable from, and to be enforced
independently of any other provision of this EULA, UNDER NO
CIRCUMSTANCE SHALL GALOIS' AGGREGATE LIABILITY TO YOU (INCLUDING
LIABILITY TO ANY THIRD PERSON OR PERSONS WHOSE CLAIM OR CLAIMS ARE
BASED ON OR DERIVED FROM A RIGHT OR RIGHTS CLAIMED BY YOU), WITH
RESPECT TO ANY AND ALL CLAIMS AT ANY AND ALL TIMES ARISING FROM OR
RELATED TO THE SUBJECT MATTER OF THIS EULA, IN CONTRACT, TORT, OR
OTHERWISE, EXCEED THE TOTAL AMOUNT, IF ANY, ACTUALLY PAID BY YOU TO
GALOIS PURSUANT TO THIS EULA.
GENERAL INFORMATION. The EULA constitutes the entire agreement
between you and GALOIS and governs your access to and use of the
Software. The EULA shall not be modified except in writing by both
parties.
The EULA shall be governed by and construed in accordance with the
laws of the State of Oregon, without regard to the conflicts of law
principles thereof.
If any provision of the EULA shall be deemed unlawful, void, or for
any reason unenforceable, then that provision shall be deemed
severable from these terms and shall not affect the validity and
enforceability of any remaining provisions.
In consideration of your use of the Software, you represent that you
are of legal age to form a binding contract and are not a person
barred from receiving services under the laws of the United States or
other applicable jurisdiction.
The failure of GALOIS to exercise or enforce any right or provision of
the EULA shall not constitute a waiver of such right or provision.