Lahey Computer Systems, Inc. (Lahey) assigns a unique serial number to each software package. For the purpose of this agreement, "Software" is defined as the contents of any electronic or printed media included in this package, as well as any other electronic or printed media associated with the same serial number. Use of this Software indicates your acceptance of this Agreement. If you do not agree with it, return the Software along with your proof of purchase and your money will be refunded. Lahey provides this Software and licenses its use. If you have any questions concerning this agreement, please contact Lahey Computer Systems, Inc. at P.O. Box 6091, Incline Village, Nevada, 89450.
Single-User License: Lahey grants you a nonexclusive license to use the Software on two computers provided you are the only one using the Software and only one copy of the Software is in use.
Multi-Seat License: Lahey grants you a nonexclusive license to use the Software on three computers, each acting as a workstation for a single concurrent user.
Unlimited License: Lahey grants you a nonexclusive license to use the Software on an unlimited number of computers at a named facility.
Floating License: Lahey grants you a nonexclusive license to use the Software over a single designated network by no more than the authorized number of concurrent users.
Educational License: Lahey grants you a nonexclusive license to use the Software for non-commercial and research purposes only.
Evaluation License: Lahey grants you a nonexclusive license to use the Software for evaluation purposes only. "User Programs" created with the Software may only be used for evaluation purposes and only during the evaluation period.
The following files may be distributed with your User Programs: f5aqldnf.dll, f5aqldng.dll, f5aqldni.dll. User Programs developed using the Software as described above may contain linked Run-time Object Code taken from the library files "*.lib" and/or "*.dll" ("Runtime Object Code"). Files contained within the installed GNU subdirectory (nominally named "gcc-gfortran") are governed by the GNU General Public License. With the exception of those files governed by the GNU General Public License, you may not distribute any other files contained within the Software except as expressly set forth in this Section entitled "YOUR RIGHTS AND RESTRICTIONS."
By developing or distributing "User Programs" created with Software, you agree to indemnify and hold harmless Lahey and its suppliers from any and all claims arising out of the development, distribution, sale, licensing, and/or use of the User Programs and their related documentation.
You may transfer your copy of the Software licensed for use hereunder to another party (a "New Single User") on a permanent basis, provided you retain no copies, the New Single User has agreed with you that he/she/it will comply with all of the terms of this Agreement, and you have forwarded to Lahey the name and address of the New Single User.
Except as expressly set forth in this Section entitled "YOUR RIGHTS AND RESTRICTIONS" and in the Section entitled "COPYRIGHT," you may not use, distribute, sublicense, lease, rent, assign, transfer, copy, or redistribute the Software or any program included within the Software alone or in combination with or as part of User Programs. You may not reverse compile, reverse assemble, or create derivative works based on the Software or any program contained therein.
The Software is owned by Lahey or its suppliers, and is protected by United States Copyright laws and international treaty provisions. Lahey retains the rights to make and license use of all copies. Therefore, you may make no copies of the Software (or reproduce it in any way) except that you may make a reasonable number of copies solely for back-up or archival purposes, provided the copyright notice on the Software is included on any archival and back-up copies made. Except as expressly provided in this Section entitled "COPYRIGHT," you may not copy or distribute the written materials that accompany or are provided with the Software.
Permission to use, duplicate, or disclose the Software and any programs contained therein, as well as any portions thereof included within User Programs (including Run-time Object Code), by the U.S. Government is granted with and subject to the "restricted rights" set forth in subdivision (g) (3) of Rights in Data -- General Clause in Federal Acquisition Regulations ("FAR") 52.227.14, Commercial Computer Software -- Restricted Rights Clause set forth in FAR 52.227.19, and/or subdivision (c) (1) (ii) of Rights in Technical Data and Computer Software Clause in the Department of Defense FAR ("DFAR") 252.227.7013. This Agreement is governed by the laws of the State of Nevada.
The license is effective until terminated. You may terminate it at any time by destroying the Software together with all copies thereof. It will also terminate if you fail to comply with any term or condition of this Agreement. You agree upon such termination to destroy the Software together with all copies.
Lahey warrants the enclosed physical media on which the Software is recorded to be free of defects in materials and workmanship for a period of 60 days from the date of purchase. In the event of notification within the warranty period of defects in materials or workmanship, Lahey will replace the defective physical media. The remedy for breach of this warranty shall be limited to replacement.
Lahey warrants the Software to perform in substantial accordance with the specifications of the documentation. Please refer to the warranties in the product documentation for details on your obligations, restrictions, and Lahey's policies. The remedies provided in the product documentation are your sole exclusive remedies for any breach of warranty.
Lahey does not warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted or error free. The warranty does not cover any physical media or documentation which has been subjected to damage or abuse by you. Lahey is not responsible for changes in the operating characteristics of the computer hardware or operating system which are made after the delivery of the Software.
EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION ENTITLED "LIMITED WARRANTY," LAHEY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE AND USER PROGRAMS. IN NO EVENT SHALL LAHEY BE LIABLE FOR ANY LOST OR ANTICIPATED PROFITS, OR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT LAHEY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Lahey reserves the right to change or to discontinue any of its Software at its sole discretion.
As required by U.S. export regulations, you shall not permit export of the Software or any direct product thereof to any country to which export is then controlled by the U.S. Office of Export Administration unless you have that agency's prior written approval.
This Agreement contains the entire agreement and understanding between the parties and supersedes any advertising, proposals, discussions, or negotiations between them related to the subject matter of this Agreement. This Agreement may be amended, altered, or modified only in writing, dated subsequent to this Agreement and signed by Lahey.