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Legal: NXPowerLite Desktop Edition license

Software license agreement:
NXPowerLite Desktop Edition

NOTICE TO USER: PLEASE READ THIS LICENSE CAREFULLY. BY DOWNLOADING AND/OR USING ALL OR ANY PORTION OF THE SOFTWARE AND/OR USING A SUPPLIED ENCRYPTED KEY YOU ("LICENSEE") ACCEPT THE FOLLOWING TERMS FROM NEUXPOWER SOLUTIONS LIMITED ("NEUXPOWER"). YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS LICENSE. YOU AGREE THAT IT IS ENFORCEABLE AS IF IT WERE A WRITTEN NEGOTIATED LICENSE SIGNED BY YOU. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE AND/OR ENCRYPTED KEY.

1. DEFINITIONS

1.1 "Documentation" means the electronic and/or hard copy user manual supplied with the Software and/or on the media on which the Software is supplied.

1.2 "Effective Date" means the date of invoice or date of payment, whichever is the earlier.

1.3 "Minimum Requirements" means the minimum technical specification required to enable the Software to function in accordance with the Documentation and/or at all, as set out in the Documentation.

1.4 "Permitted Number" means the number, agreed by Neuxpower as evidenced in writing or by e-mail, of PCs and/or laptops on which the Licensee is permitted to install the Software.

1.5 "Software" means the object code form of the software with which this License Agreement is provided or the software in respect of which the encrypted key is provided, as appropriate, together with any bug fixes, enhancements, or other modifications of the Software provided to Licensee under a separate maintenance agreement between the parties. Software shall also include all third party products and related documentation, upgrades, modified versions, updates, additions and copies thereof.

1.6M "Maintenance and Support Services" shall mean the optional maintenance and support services set out in Schedule A.

2. GRANT OF RIGHTS; RESTRICTIONS

2.1 Subject to all the terms and conditions of this License Agreement, Neuxpower hereby grants Licensee a perpetual (terminable only as provided in Clause 5.1), worldwide, nonexclusive, nontransferable, paid-up license to install and use the Software on the Permitted Number of PCs and/or laptops for its own internal use only. This license is in respect of use of the Software by the Licensee and/or by any subsidiary, holding company or subsidiary of any holding company of the Licensee and/or by any subcontractor of the Licensee, subject always that such subcontractors shall use the Software only for the benefit of the Licensee.

2.2 Except as expressly permitted in this License Agreement, Licensee shall not, and shall not permit others to: (i) modify, translate, create derivative copies of or copy the Software (other than one backup copy which reproduces all proprietary notices), in whole or in part; (ii) reverse engineer, decompile, disassemble or otherwise reduce the Software to source code form; (iii) distribute, sublicense, assign, share, timeshare, sell, rent, lease, grant a security interest in, use for service bureau purposes, or otherwise transfer the Software or Licensee’s right to use the Software; (iv) remove or modify any copyright, trademark, or other proprietary notices of Neuxpower affixed to the media containing the Software or contained within the Software; or (v) use the Software in any manner not expressly authorised by this License Agreement.

2.3 Licensee agrees, subject to reasonable prior notice, to give Neuxpower such access and assistance to Licensee’s systems as may be necessary to confirm the number of users does not exceed the Permitted Number.

2.4 If Licensee elects to subscribe to the optional Maintenance and Support Services then Neuxpower shall provide the Maintenance and Support Services to Licensee in accordance with Schedule A.

2.5 If Licensee is a civilian agency of the United States Government then the following provision applies: For acquisition by or on behalf of civilian agencies, as necessary to obtain protection substantially equivalent to that afforded to restricted computer software and related documentation developed at private expense and which is existing computer software no part of which was developed with government funds and provided with Restricted Rights in accordance with subparagraphs (a) through (d) of the 'Commercial Computer Software – Restricted Rights' clause at 48 CFR 52.227-19 of the Federal Acquisitions Regulations ("FAR") and its successors.

2.6 If Licensee is the U.S. Department of Defense or a unit thereof then the following provision applies: For acquisition by or on behalf of the Department of Defense ("DoD") as necessary to obtain protection substantially equivalent to that afforded to commercial computer software and related documentation developed at private expense and provide with Restricted Rights as defined in DoD FAR Supplement 48 CFR 252.227-7013(c)(1)(ii) and its successors in effect for all solicitations and resulting contracts issued on or after May 18, 1987.

3. PROPRIETARY RIGHTS

3.1 Neuxpower has sole and exclusive ownership of all right, title, and interest in and to the Software, including all copyright and any other intellectual property rights therein. This License Agreement conveys a limited license to use the Software and shall not be construed to convey title to or ownership of the Software to Licensee. Licensee may embed copies of the font software into your electronic documents for purposes of printing, viewing and editing the document. No other embedding rights are implied or permitted under this license. All rights in and to the Software not expressly granted to Licensee are reserved by Neuxpower.

3.2 Licensee agrees that the third party licensors are the owners of certain proprietary information and intellectual property rights included in the software into which the Datalogics or any other third party licensor products are integrated. Such third party licensors are third party beneficiaries entitled to enforce their rights and may seek appropriate legal and equitable remedies for licensee’s breach of these obligations.

3.3 Licensee acknowledges receipt (both embedded in the integrated software and in the media) of the proprietary notices of the following companies: Datalogics, Inc.; Adobe Systems Incorporated and its licensors; ICU; IBM Corporation; Thai Open Source Software Center Ltd., and Clark Cooper; Expat Maintainers; Silicon Graphics Computer Systems, Inc.; Hewlett-Packard Company; SunSoft, Inc.; Silicon Graphics, Inc.; and, Apple Computer, Inc. A copy of these notices is attached to this End User Agreement as Schedule B.

4. LICENSE FEE

In consideration for the license for the Permitted Number granted to Licensee hereunder, Licensee shall pay Neuxpower a one-time nonrefundable license fee in accordance with Neuxpower's license fee charges as published from time to time or as otherwise agreed between Licensee and Neuxpower as evidenced in writing or by e-mail. Such license fee shall be due and payable on the date that the Licensee accepts this License Agreement. Such license fee is exclusive of VAT or other sales tax. If any applicable law requires Licensee to withhold amounts from any payments to Neuxpower hereunder, (i) Licensee shall effect such withholding, remit such amounts to the appropriate taxing authorities and promptly furnish Neuxpower with tax receipts evidencing the payments of such amounts, and (ii) the sum payable by Licensee upon which the deduction or withholding is based shall be increased to the extent necessary to ensure that, after such deduction or withholding, Neuxpower receives and retains, free from liability for such deduction or withholding, a net amount equal to the amount Neuxpower would have received and retained in the absence of such required deduction or withholding.

5. TERM AND TERMINATION

5.1 This License Agreement shall commence on the Effective Date and continue in effect indefinitely, unless terminated in accordance with this Clause 5.1. If either party breaches this License Agreement in any material respect, the other party may give written notice to the breaching party of its intent to terminate, and if such breach is not cured within thirty (30) days after the breaching party's receipt of such notice, this License Agreement shall terminate without any further notice required (but no cure period is required for any breach that cannot be cured).

5.2 Upon any termination of this License Agreement, (a) the rights and licenses granted to Licensee herein shall terminate; (b) Licensee shall cease all use of the Software; (c) Licensee shall return to Neuxpower all copies of the Software and Documentation in Licensee's possession or under its control; and (d) Licensee shall certify in writing to Neuxpower its compliance with the foregoing. Clauses 1, 3, 4 (to the extent of unpaid obligations), 5.2, 6, 7 and 8 shall survive any termination of this License Agreement.

6. REPRESENTATIONS AND WARRANTIES

6.1 Neuxpower warrants that the Software will function materially in accordance with the Documentation for a period of ninety (90) days from the Effective Date. Neuxpower shall have no obligation to provide ongoing support or maintenance services to Licensee unless the parties enter into a separate maintenance agreement.

6.2 The above warranty is conditional upon the Licensee complying with the Minimum Requirements.

6.3 THE WARRANTIES SET FORTH IN THIS CLAUSE 6 ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USE OF TRADE, ALL OF WHICH ARE HEREBY EXCLUDED AND DISCLAIMED. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR NEUXPOWER’S BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, ADOBE AND ITS SUPPLIERS MAKE NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN NO EVENT WILL ADOBE OR ITS SUPPLIERS BE LIABLE TO LICENSEE FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN ADOBE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.

6.4 The Licensee hereby represents that it shall (i) comply with all applicable local and foreign laws and regulations that may govern the use of the Software, and (ii) use the Software only for lawful purposes and in accordance with the terms of this License Agreement.

7. LIMITATION OF LIABILITY

7.1 LICENSEE'S SOLE REMEDY WITH RESPECT TO ANY CLAIMS ARISING OUT OF THIS LICENSE AGREEMENT SHALL BE LIMITED IN THE AGGREGATE TO THE MONIES PAID BY LICENSEE TO NEUXPOWER UNDER THIS LICENSE AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.

7.2 IN NO EVENT SHALL NEUXPOWER BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS AND GOODWILL, BUSINESS OR BUSINESS BENEFIT, OR THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS BY LICENSEE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CIRCUMSTANCES SHALL NEUXPOWER BE LIABLE FOR ANY FAILURE OF THE SOFTWARE TO PERFORM IN ACCORDANCE WITH THE DOCUMENTATION, OR AT ALL, RESULTING FROM A FAILURE BY THE LICENSEE TO COMPLY WITH THE MINIMUM REQUIREMENTS. ADDITIONALLY, LICENSEE ACKNOWLEDGES THAT WHILST THE SOFTWARE MAY BE USED IN COMBINATION WITH THIRD PARTY SOFTWARE, NEUXPOWER BEARS NO LIABILITY, HOWSOEVER ARISING, FOR ANY LOSS, DAMAGE OR COST THAT ARISES FROM A FAILURE OF THE SOFTWARE TO INTEGRATE WITH LICENSEE OR THIRD PARTY SOFTWARE.

8. EXPORT RULES

Licensee agrees that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the laws of the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the "Export Laws"). In addition, if the Software is identified as export controlled items under the Export Laws, Licensee represents and warrants that Licensee is not a citizen, or otherwise located within, an embargoed nation (including without limitation Iran, Irag, Syria, Sudan, Libya, Cuba, North Korea and Serbia) and that Licensee is not otherwise prohibited under the Export Laws from receiving the Software. All rights to use the Software are granted on condition that such rights are forfeited if Licensee fails to comply with the terms of this End User Agreement.

9. GENERAL

9.1 Licensee shall not assign this License Agreement, in whole or in part, without the written consent of Neuxpower.

9.2 This License Agreement and its performance shall be governed by and construed in accordance with and the parties hereby submit to the exclusive jurisdiction of the laws of England and Wales.

9.4 Licensee agrees that because of the unique nature of the Software and Neuxpower’s proprietary rights therein, a demonstrated breach of this License Agreement by Licensee would irreparably harm Neuxpower and monetary damages would be inadequate compensation. Therefore, Licensee agrees that Neuxpower shall be entitled to preliminary and permanent injunctive relief, as determined by any court of competent jurisdiction to enforce the provisions of this License Agreement.

9.5 If any provision of this License Agreement or the Software thereof is declared void, illegal, or unenforceable, the remainder of this License Agreement will be valid and enforceable to the extent permitted by applicable law. In such event, the parties agree to use their best efforts to replace the invalid or unenforceable provision by a provision that, to the extent permitted by the applicable law, achieves the purposes intended under the invalid or unenforceable provision.

9.6 Any failure by any party to this License Agreement to enforce at any time any term or condition under this License Agreement will not be considered a waiver of that party’s right thereafter to enforce each and every term and condition of this License Agreement.

9.7 Neither party will be responsible for delays resulting from circumstances beyond the reasonable control of such party, provided that the nonperforming party uses reasonable efforts to avoid or remove such causes of nonperformance and continues performance hereunder with reasonable dispatch whenever such causes are removed.

9.8 Trademarks appearing herein are either registered trademarks or trademarks of their respective owners in England and Wales, the United States and/or other countries.

9.9 This License Agreement (i) constitutes the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes all prior agreements, oral and written, made with respect to the subject matter hereof, and (ii) cannot be altered except by agreement in writing executed by an authorised representative of each party. No purchase order and/or standard terms of purchase provided by Licensee shall supersede this License Agreement.

9.10 If you do not agree to the terms of this License Agreement, you may obtain a refund of the amount paid for the Software if you: (a) do not use the Software and the accompanying items (including all electronic materials, documents etc) and (b) notify Neuxpower in writing of your non acceptance of this License Agreement, with proof of payment, at the address set out below within 30 days of the purchase date.

Neuxpower Solutions Limited. Studio 400, Highgate Studios, 53-79 Highgate Road, London, NW5 1TL, UK. www.neuxpower.com

Schedule A

Maintenance and Support Terms

1. Definitions

"Additional Charges" means additional sums which may be charged under these Support Terms in accordance with Neuxpower's rates from time to time for work undertaken on a time and materials basis;

"Effective Date" means the date set out in the Schedule on which maintenance commences;

"Fault" means a either (a) failure of the Software to perform in accordance with the Documentation; or (b) a cessation, interruption or degradation of the usual functionality of the Software;

"Licence" means the licence agreement pursuant to which the Customer is authorised by Neuxpower to use the Software;

"Maintenance Release" means (i) any corrected version of the Software from time to time issued by Neuxpower; (ii) any maintenance and/or new release of the Software from time to time issued by Neuxpower;

"Documentation" means the user manual, as amended from time to time, which is available to download from the internet using the url: http://www.nxpowerlite.com/Using%20NXPowerLite.pdf

"New Release" means any improved or modified version of any of the Software from time to time issued by Neuxpower;

"Permitted Number" shall be interpreted in accordance with the Licence;

"Per User Licence Fee" means the licence fee in respect of each of the Permitted Number, which is payable by the Customer to Neuxpower pursuant to the Licence (and which, if not expressly set out in the Licence, may be calculated as the fee payable pursuant to the Licence divided by the Permitted Number);

"Pricing Band" means the published thresholds at which the cost of each Per User Licence Fee reduces;

"Services" means the provision of support in respect of the Software by Neuxpower pursuant to these Support Terms;

"Software" means the Software specified in the Schedule to be supported pursuant to these Support Terms;

"Support Fee" shall mean the periodic charge for the relevant service specified in the Schedule as increased from time to time pursuant to clause 3.3;

"Support Terms" means these terms and conditions of maintenance and support;

"Authorised Representative" means a member of the Customer's staff notified to Neuxpower as being an authorised Customer contact for reporting Faults to Neuxpower and receiving Fault rectifications, limited to the number of Authorised Representatives as stipulated in the Schedule heret;

"Working Day" means (i) in respect of Services provided in English all days excluding weekends and United Kingdom bank and public holidays; and (ii) in respect of Services provided in French, shall mean all days excluding weekends and French national holidays; and (iii) in respect of Services provided in German shall mean all days excluding weekends and German national holidays.

2. Provision of Services

On payment of the Support Fee in accordance with clause 3 below Neuxpower shall provide the Services to the Customer upon these Support Terms for the period to which that payment relates.

3. Fees

3.1 The Support Fee shall be payable by the Customer annually in advance and within 14 days of receipt of Neuxpower’s invoice therefor. The Support Fee is exclusive and net of value added tax and any other sales tax that the Customer will be additionally liable to pay.

3.2 Neuxpower reserves the right to charge the Customer interest in respect of the late payment of any sum due under these Support Terms at the rate of 4 per cent per annum above the base rate from time to time of Barclays Bank PLC from the due date therefor until payment.

3.3 Neuxpower shall be entitled to increase the Support Fee by giving to the Customer not less than 90 days prior written notice such notice to expire on an anniversary of Effective Date. Notwithstanding the foregoing, no increase in Support Fees shall take effect in respect of any period for which the Customer has paid in advance.

3.4 Throughout the term of these Support Terms, in the event that the Customer wishes to increase the Permitted Number under the Licence (or to execute a new Licence to install the Software on additional PCs and/or laptops), then subject to clause 3.5, the fee payable in respect of such increase shall be the Per User Licence Fee multiplied by the increase in the Permitted Number.

3.5 In the event that a request to increase the Permitted Number ("Permitted Number Increase") pursuant to clause 3.4 results in the Customer’s aggregate Permitted Number increasing to such a number that the total Permitted Number exceeds the threshold for a lower Pricing Band to apply, the total Per User Licence Fees payable in respect of the Permitted Number Increase shall be calculated as if all additional Per User Licence Fees were in the lower Pricing Band.

4. Technical Support

4.1 The Services provided by Neuxpower comprise the following:-
4.1.1 the provision of advice by email on a priority basis on the use of the Software;
4.1.2 the diagnosis of Faults in the Software and instructions as to the rectification of such Faults by email on a priority basis;
4.1.3 the creation and dispatch to the Customer of Maintenance Releases.

4.2 The Customer shall supply by email to Neuxpower a detailed description of any Fault requiring the Support Services and the circumstances in which it arose forthwith upon becoming aware of the same.

4.3 Neuxpower shall use its reasonable endeavours to respond to the Customer within 2 Working Days of a request for Services. This response shall include an initial analysis of the reported Fault. Thereafter, Neuxpower shall use its reasonable endeavours to provide a rectification to the Fault as soon as reasonably possible thereafter.

4.4 The Services shall not include the diagnosis and rectification of any Fault resulting from:
4.4.1 the improper use operation or neglect of the Software or the equipment upon which it is run;
4.4.2 the modification of the Software or its merger (in whole or in part) with any other software except as permitted by the Licence;
4.4.3 the failure by the Customer to implement Maintenance Releases or recommendations in respect of or solutions to Faults previously advised by Neuxpower;
4.4.4 any repair adjustment alteration or modification of the Software by any person other than Neuxpower or an agent of Neuxpower without Neuxpower’s prior consent;
4.4.5 the use of the Software for a purpose for which it was not designed;
4.4.6 rectification of lost or corrupted data arising for any reason other than Neuxpower's own negligence;
4.4.7 loss or damage caused directly or indirectly by operator error or omission;
4.4.8 a fault in Customer or third party software or applications or any upgrade or new release in respect thereof;
4.4.9 a fault in the equipment or in any other software operating in conjunction with or closely with the Software.

4.5 Neuxpower shall upon request by the Customer provide Support notwithstanding that the Fault results from any of the circumstances described in clause 4.4 above or shall provide Support to the Customer in circumstances which are not covered by these Support Terms. Neuxpower shall in such circumstances be entitled to levy Additional Charges monthly in arrears and shall be paid by the Customer (together with value added tax thereon) within 14 days of receipt of an invoice in respect of such Additional Charges.

All email contact with Neuxpower should be to the following email address unless the Customer is notified to the contrary by Neuxpower: support@neuxpower.com.

Schedule B

Copyright Notices

The following copyrights notices pertain to all operating system platforms of Datalogics Software and Adobe Software:
Copyright 2000-2008 Datalogics, Inc.
Copyright 1984-2007 Adobe Systems Incorporated and its licensors. All rights reserved.

ICU

ICU License – ICU 1.8.1 and later.

COPYRIGHT AND PERMISSION NOTICE

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, provided that the above copyright notice(s) and this permission notice appears in all copies of the Software and that both the above copyright notice(s) and this permission notice appear in supporting documentation.

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 OF THIRD PARTY RIGHTS. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR HOLDERS INCLUDED IN THIS NOTICE BE LIABLE FOR ANY CLAIM, OR ANY SPECIAL INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.

Except as contained in this notice, the name of a copyright holder shall not be used in advertising or otherwise to promote the sale, use or other dealings in this Software without prior written authorization of the copyright holder.

All trademarks and registered trademarks mentioned herein are the property of their respective owners

Expat

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

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. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

STL

Silicon Graphics Computer Systems, Inc. Permission to use, copy, modify, distribute and sell this software and its documentation for any purpose is hereby granted without fee, provided that the above copyright notice appear in all copies and that both that copyright notice and this permission notice appear in supporting documentation. Silicon Graphics makes no representations about the suitability of this software for any purpose. It is provided "as is" without express or implied warranty.

Hewlett-Packard Company

Permission to use, copy, modify, distribute and sell this software and its documentation for any purpose is hereby granted without fee, provided that the above copyright notice appear in all copies and that both that copyright notice and this permission notice appear in supporting documentation. Hewlett-Packard Company makes no representations about the suitability of this software for any purpose. It is provided "as is" without express or implied warranty.

ICC

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, ITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL SUNSOFT, INC. OR ITS PARENT COMPANY BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

Except as contained in this notice, the name of SunSoft, Inc. shall not be used in advertising or otherwise to promote the sale, use or other dealings in this Software without written authorization from SunSoft Inc.

OpenGL

Permission to use, copy, modify, and distribute this software for any purpose and without fee is hereby granted, provided that the above copyright notice appear in all copies and that both the copyright notice and this permission notice appear in supporting documentation, and that the name of Silicon Graphics, Inc. not be used in advertising or publicity pertaining to distribution of the software without specific, written prior permission.

THE MATERIAL EMBODIED ON THIS SOFTWARE IS PROVIDED TO YOU "AS-IS" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL SILICON GRAPHICS, INC. BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, LOSS OF PROFIT, LOSS OF USE, SAVINGS OR REVENUE, OR THE CLAIMS OF THIRD PARTIES, WHETHER OR NOT SILICON GRAPHICS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE POSSESSION, USE OR PERFORMANCE OF THIS SOFTWARE.

US Government Users Restricted Rights

Use, duplication, or disclosure by the Government is subject to restrictions set forth in FAR 52.227.19(c)(2) or subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 and/or in similar or successor clauses in the FAR or the DOD or NASA FAR Supplement. Unpublished-- rights reserved under the copyright laws of the United States. Contractor/manufacturer is Silicon Graphics, Inc., 2011 N. Shoreline Blvd., Mountain View, CA 94039-7311. OpenGL™ is a trademark of Silicon Graphics, Inc.

Software license agreement:NXPowerLite Desktop Edition