Ramdisk ' Enterprise ' Version
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Copyright (c) 2002-2008 Christiaan Ghijselinck ( hereafter called 'Licensor' ).
All rights reserved.
LICENSE
1. By using the Ramdisk you agree to be bound by the terms of
this license agreement.
2. This license must be included with all copies of the
Software, and may not be modified from its original format
as created by the Licensor.
3. Distributing , selling or charging a fee for the ramdisk
is prohibited.
4. The software, in whole or in part, may not be incorporated
with or into any other software product. The Software may not
be sold or distributed.
5. You expressly acknowledge and agree that use of the
software is at your sole risk and that the entire risk as to
satisfactory quality, performance, accuracy and effort is
with you. Licensor does not warrant against interference
with your enjoyment of the software, that the functions
contained in the software will meet your requirements, that
the operation of the software will be uninterrupted or
error-free, or that defects in the software will be
corrected.
6. THE SOFTWARE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY
KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NONINFRINGEMENT. No oral or written advice given
by Licensor or by an authorized representative of Licensor
shall create a warranty.
7. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL
THE LICENSOR BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
LIABILITY, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, OR
ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES
WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS
OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER
COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO
YOUR USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED,
REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR
OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
8. THIS SOFTWARE IS NOT INTENDED FOR USE IN ANY APPLICATION
IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH,
PERSONAL INJURY OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
9. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, LIABILITY OR LIMITATIONS ON APPLICABLE STATUTORY
RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSIONS AND
LIMITATIONS MAY NOT APPLY TO YOU. IF SUCH EXCLUSIONS FROM
LIABILITY APPLY TO YOU, DO NOT USE THIS SOFTWARE.
10. In no event exists Licensor's liability to you for
all damages that may be caused by the use of the ramdisk
software.
11. This License constitutes the entire agreement between
the parties with respect to the use of the licensed
ramdisk software and supersedes all prior or contemporaneous
understandings regarding such subject matter. No amendment
to or modification of this License will be binding unless in
writing and signed by Licensor. Any translation of this
License is done for local requirements and in the event of a
dispute between the English and any non-English versions,
the English version of this License shall govern.
12. This License will be governed by and construed in
accordance with the Belgian law, as applied to agreements
entered into and to be performed entirely within Belgium
between Belgian residents. This License shall not be
governed by the United Nations Convention on Contracts for
the International Sale of Goods, the application of which
is expressly excluded.
13. If for any reason a court of competent jurisdiction
finds any provision, or portion thereof, to be unenforceable,
the remainder of this License shall continue in full force
and effect.
U.S. GOVERNMENT RESTRICTED RIGHTS
The Software and documentation are provided with RESTRICTED
RIGHTS. Use, duplication, or disclosure by the Government is
subject to restrictions as set forth in subparagraph
(c)(1)(ii) of the Rights in Technical Data and Computer
Software clause at DFARS 252.227-7013 or subparagraphs
(c)(1) and (2) of the Commercial Computer Software-
Restricted Rights at 48 CFR 52.227-19, as applicable.
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