Leading Prolog Technology
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EVALUATION SOFTWARE LICENSE AGREEMENT
1 Definitions1.1 Software means the software products, SICStus Prolog, version 4, except facilities for Runtime Systems, delivered as binary code and Documentation delivered by SICS to the End User.
1.2 Documentation means all documentation in machine readable form of the accompanying manuals (User's Manual and Release Notes) that is provided with the Software.
3 OwnershipBy virtue of this Agreement the End User acquires only the rights in Section 2 Grant of License. All right, title and interest in the Software remains with SICS. However, the Software consists of modules for which there are and shall remain other exclusive owners. Such other owners are specified in Exhibit A.
4 WarrantyThe Software is licensed as is.
Other than as stated in this Section 4, there is no representation or warranty, express or implied, as to any matter whatsoever, including without limitation, the condition of the software, its merchantability or fitness for a particular purpose.
5 MaintenanceNo Maintenance is included.
6 IndemnificationTo the best of SICS's knowledge the Software or the use thereof does not infringe any third party's rights. SICS shall have no responsibility whatsoever for any claims of infringements of patents, trademarks, industrial designs, copyrights or other property rights affecting the End User's use of the Software.
The foregoing states the entire liability and obligation of SICS with respect to infringement or claims of infringement of any patent, copyright, trade secret, or any other proprietary right.
7 Non-DisclosureThe End User undertakes (i) to keep in confidence all such information concerning the Software received under this Agreement, (ii) to use such information exclusively for the purpose stated in Section 2, and (iii) to prevent the disclosure of such information.
8 Limitation of LiabilitySICS shall not be liable to the End User for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with this agreement, the software, its use or otherwise.
Notwithstanding the generality of the above, SICS expressly excludes liability for consequential loss or damage which may arise in respect of the software, its use, the system or in respect of other equipment or property, or for loss of profit, business revenue, goodwill or anticipated savings.
Regardless of whether any remedy fails of its essential purpose, in no event will SICS be liable for incidental, indirect, special or consequential damages, notwithstanding being aware of the possibility of such damages.
11 Entire AgreementThis Agreement, including Exhibit A and Exhibit C, sets forth the entire agreement and understanding of the parties relating to the subject matter herein.
12 Governing LawThis Agreement shall be governed by and construed in accordance with the substantive laws of Sweden.
List of software modules owned by third parties distributed by SICS with the SICStus Prolog Software.
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SICStus Prolog 4
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