SIERRAWARE END USER LICENSE AND SERVICES AGREEMENT
BY ACCEPTING THE LICENSE AGREEMENT OR USING THE PRODUCTS END USER AGREES TO THE TERMS OF THIS END USER LICENSE AGREEMENT ("AGREEMENT") WITH SIERRAWARE, LLC. ("SIERRAWARE"). IF END USER DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DISCONTINUE THE DOWNLOAD, INSTALLATION OR USE OF THE PRODUCT. SIERRAWARE MAY MODIFY OR AMEND THIS AGREEMENT AT ANY TIME. YOUR CONTINUED USE OF SERVICES WILL CONSTITUTE YOUR ACCEPTANCE OF ANY SUCH CHANGES.
  1. Licenses and Restrictions.
    1. The Open Virtualization Software is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation; either version 2.1 of the License, or (at your option) any later version. This library is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details. You should have received a copy of the GNU General Public License along with this library; if not, write to the Free Software Foundation, Inc., 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA.
  2. Warranty and Disclaimer.
    1. THE PRODUCTS ARE PROVIDED "AS IS' AND SIERRAWARE MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. SIERRAWARE, ITS PARTNERS AND SUPPLIERS MAKE NO WARRANTY THAT USE OF THE PRODUCTS, THE SUPPORT AND MAINTENANCE SERVICES OR PROFESSIONAL SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR DEFECT-FREE, OR AVAILABLE AT ALL TIMES. SIERRAWARE HEREBY SPECIFICALLY DISCLAIMS, ON BEHALF OF ITSELF AND ITS PARTNERS AND SUPPLIERS, ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
  3. Limitations of Liability. IN NO EVENT WILL SIERRAWARE'S (AND ITS PARTNERS' OR SUPPLIERS') LIABILITY FOR DIRECT DAMAGES HEREUNDER EXCEED THE TOTAL VALUE OF AMOUNTS TO BE PAID BY END USER FOR THE PRODUCT OR SERVICE AT ISSUE. IN NO EVENT SHALL SIERRAWARE (OR ITS PARTNERS' OR SUPPLIERS') HAVE ANY LIABILITY TO END USER FOR ANY LOST PROFITS OR REVENUES, LOSS OF DATA OR USE, INTERRUPTION OF THE SERVICES, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
  4. Compliance With Laws; Export. End User acknowledges that the Software may contain encryption technology that is subject to export restrictions by the U.S. government and import restrictions by certain foreign governments. End User will not and will not allow any third-party to remove or export from the U.S. or allow the export or re-export of any part of the Software or any direct product thereof: (i) into (or to a national or resident of) Cuba, Iran, North Korea, Sudan or Syria (to the extent the U.S. government or any agency thereof restricts export or re-export to such countries); (ii) to anyone on the U.S. Commerce Department's Table of Denial Orders or U.S. Treasury Department's list of Specially Designated Nationals; (iii) to any country to which such export or re-export is restricted or prohibited, or as to which the U.S. government or any agency thereof requires an export license or other governmental approval at the time of export or re-export without first obtaining such license or approval; or (iv) otherwise in violation of any export or import restrictions, laws or regulations of any U.S. or foreign agency or authority. End User agrees to the foregoing and warrants that it is not located in, under the control of, or a national or resident of any such prohibited country or on any such prohibited party list. The Software is restricted from being used for the design or development of nuclear, chemical, or biological weapons or missile technology without the prior permission of the U.S. government. End User agrees to indemnify and hold Sierraware, its partners and suppliers harmless against any claims, losses or expenses arising out of End User's breach of this Agreement or use of the Products.
Last updated: April 16, 2012