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In order to download, use, and distribute the IDI free utilities, you must agree to the following simple license terms. In brief, the license says you can use and distribute the utility with your product, but you may not reverse engineer, modify, or sell it.
---------------
IDI UTILITY LICENSE
Version 1.0
---------------
1. Definitions.
1.1 "Developer" means Integrated Dynamics, Inc.
1.2. "Electronic Distribution Mechanism" means a mechanism generally
accepted in the software development community for the electronic
transfer of data.
1.3. "License" means this document.
1.4. "Library" means the contents of the utility product made
available under this license agreement, including all associated
software executables, software libraries, documentation, and other
files distributed with the software.
1.5. "Patent Claims" means any patent claim(s), now owned or
hereafter acquired, including without limitation, method, process,
and apparatus claims, in any patent Licensable by grantor.
1.6. "You" (or "Your") means an individual or a legal entity
exercising rights under, and complying with all of the terms of,
this License. For legal entities, "You" includes any entity which
controls, is controlled by, or is under common control with You.
For purposes of this definition, "control" means (a) the power,
direct or indirect, to cause the direction or management of such
entity, whether by contract or otherwise, or (b) ownership of more
than fifty percent (50%) of the outstanding shares or beneficial
ownership of such entity.
2. License
Integrated Dynamics, Inc. grants You a world-wide, royalty-free,
non-exclusive license to use and distribute the Library, subject to
the following restrictions:
(a) You may not modify or reverse-engineer the Library.
(b) You may not use a version of the Library modified by someone
other than the Developer.
(c) You many only distribute the Library if you include a notice
that attributes the Library to the Developer, and includes this
license agreement.
(d) You many only distribute the Library in full. That is, you may
not distribute selected portions of the Library.
(e) You may not sell the Library.
3. Inability to Comply Due to Statute or Regulation.
If it is impossible for You to comply with any of the terms of this
License with respect to some or all of the Library due to
statute, judicial order, or regulation then You must: (a) comply
with the terms of this License to the maximum extent possible; and
(b) describe the limitations and the code they affect. Except to the
extent prohibited by statute or regulation, such description must be
sufficiently detailed for a recipient of ordinary skill to be able
to understand it.
3. DISCLAIMER OF WARRANTY.
LIBRARY IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS,
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE LIBRARY IS
FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR
NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF
THE LIBRARY IS WITH YOU. SHOULD THE LIBRARY PROVE DEFECTIVE IN ANY
RESPECT, YOU ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR
CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART
OF THIS LICENSE. NO USE OF THE LIBRARY IS AUTHORIZED HEREUNDER EXCEPT
UNDER THIS DISCLAIMER.
4. TERMINATION.
4.1. This License and the rights granted hereunder will terminate
automatically if You fail to comply with terms herein and fail to
cure such breach within 30 days of becoming aware of the breach. All
sublicenses to the Library which are properly granted shall survive
any termination of this License. Provisions which, by their nature,
must remain in effect beyond the termination of this License shall
survive.
4.2. If You initiate litigation by asserting a patent infringement
claim (excluding declatory judgment actions) against Developer
alleging that the Library infringes any patent, then any and
all rights granted to You under this license are terminated
immediately.
4.3. In the event of termination under Sections 4.1 or 4.2 above,
all end user license agreements (excluding distributors and
resellers) which have been validly granted by You or any distributor
hereunder prior to termination shall survive termination.
5. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE
DEVELOPER, OR ANY DISTRIBUTOR OF LIBRARY, OR ANY SUPPLIER OF
ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK
STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
6. MISCELLANEOUS.
This License represents the complete agreement concerning subject
matter hereof. If any provision of this License is held to be
unenforceable, such provision shall be reformed only to the extent
necessary to make it enforceable. This License shall be governed by
Indiana law provisions (except to the extent applicable law, if
any, provides otherwise), excluding its conflict-of-law provisions.
With respect to disputes in which at least one party is a citizen
of, or an entity chartered or registered to do business in the
United States of America, any litigation relating to this License
shall be subject to the jurisdiction of the laws of the state of
Indiana, USA. Any law or regulation which provides that the language
of a contract shall be construed against the drafter shall not apply
to this License.
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