MSFACT Software Request and License Agreement THIS IS A LICENSE AGREEMENT FOR THE ACCOMPANYING SOFTWARE. CAREFULLY READ ALL THE TERMS AND CONDITIONS BEFORE PROCEEDING. IF YOU ELECT NOT TO ACCEPT SUCH TERMS AND CONTIONS, DO NOT USE (DEFINED BELOW) THE SOFTWARE, BUT RETURN IT TO THE SAMUEL ROBERTS NOBLE FOUNDATION (THE "NOBLE FOUNDATION"). BY USING THE SOFTWARE, IT SHALL BE UNDERSTOOD THAT YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. This agreement (this "Agreement") is made by and between you and the NOBLE FOUNDATION for MSFaCTs v.1.0, a software package including executable code, documentation, and related sample data files (collectively "Software"). Your right to use the Software shall be subject to the following terms and conditions: You are granted a non-exclusive, non-transferable, fully paid-up license to possess and use the Software in accordance with the terms and conditions of this Agreement (the "License"). "Use" is restricted to installing, storing, loading, executing, and displaying the Software. You agree that you are licensing the Software for its end use only and not for transfer, resale, or redistribution. Neither this Agreement nor the License may be assigned or transferred to any other person or entity without the express written consent of the NOBLE FOUNDATION. You acknowledge that the NOBLE FOUNDATION retains all right, title, and interest in and to the Software, including any and all related copyrights, related documentation, and any new releases, modifications, and enhancements thereof, and this License shall not confer any interest or title in the Software to you. You may only make copies of the Software for archival or back-up purposes or in the course of proper use of the Software. Copyright notices shall be made a part of any such copy (i.e., "?200x The Samuel Roberts Noble Foundation, Inc."). You may not copy the Software onto any electronic bulletin board or otherwise make the Software publicly available. You may not disassemble, decompile, translate, reverse engineer, nor otherwise adapt the Software. Further, you may not alter, modify, or create derivative works of the Software without the prior written permission of the NOBLE FOUNDATION. You agree that any publication of results obtained from the Software will be properly acknowledged in the following manner: "MSFaCTs, The Samuel Roberts Noble Foundation, Inc. (software)." The NOBLE FOUNDATION does not guarantee service results or represent or warrant that the Software will be error free. THE SOFTWARE IS PROVIDED "AS IS." THE NOBLE FOUNDATION HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR OTHERWISE, INCLUDNG ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. Should the NOBLE FOUNDATION supply a new version of the Software, you will have the option to upgrade to this version. The amount you will be charged shall not exceed the lowest amount charged any other licensee of the Software who is upgrading to the new version. IN NO EVENT SHALL THE NOBLE FOUNDATION BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OR SUBSTIUTTE GOODS OR SERVICES; LOSS OF USE OR DATA; LOSS OF PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, OR OTHERWISE, RISING IN ANY WAY OUT OF YOUR USE OF THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBLITY OF SUCH. The NOBLE FOUNDATION may terminate the License (and this Agreement) at any time if you fail to comply with any of the terms and conditions of this Agreement. You may terminate the License (and this Agreement) upon written notice to the NOBLE FOUNDATION. Upon termination of this Agreement, you agree to destroy all copies of the Software including any authorized modifications, adaptation, or merged portions without regard to form or medium. This Agreement is governed by the laws of the State of Oklahoma. In the event that any provision of this Agreement is held invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect.
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