ProLobe End User License Agreement
LICENSE
ProLobe grants you a non-exclusive license to use the Software free of charge if
a) you are a student, faculty member or staff member of an educational
institution (K-12, junior college, college or university); or b) your use of the
Software is exclusively for non-commercial purposes.
DISCLAIMER OF WARRANTY. Free of charge Software is provided on an "AS IS"
basis, without warranty of any kind, including without limitation the warranties
of merchantability, fitness for a particular purpose and non-infringement. The
entire risk as to the quality and performance of the Software is borne by you.
Should the Software prove defective, you and not ProLobe assume the entire cost
of any service and repair. In addition, the security mechanisms implemented by
ProLobe software have inherent limitations, and you must determine that the
Software sufficiently meets your requirements. This disclaimer of warranty
constitutes an essential part of the agreement. SOME JURISDICTIONS DO NOT ALLOW
EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND
YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.
SCOPE OF GRANT. You may:
use the Software on one or more computers, provided that each person accessing
the Software be connected and run the Software from ProLobe's website www.prolobe.com.
You may not:
modify, translate, reverse engineer, decompile, disassemble (except to the
extent applicable laws specifically prohibit such restriction), or create
derivative works based on the Software;
rent, lease, grant a security interest in, or otherwise transfer rights to the
Software; or
remove any proprietary notices or labels on the Software.
TITLE. Title, ownership rights, and intellectual property rights in the
Software shall remain in ProLobe. The Software is protected by copyright laws
and treaties. Title and related rights in the content accessed through the
Software is the property of the applicable content owner and may be protected by
applicable law. This License gives you no rights to such content.
TERMINATION. The license will terminate automatically if you fail to
comply with the limitations described herein. On termination, your license to
use Software will be revoked.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT,
CONTRACT, OR OTHERWISE, SHALL PROLOBE BE LIABLE TO YOU OR ANY OTHER 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. IN NO EVENT WILL PROLOBE BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE
AMOUNT PROLOBE RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF PROLOBE
SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY
ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR
DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT
APPLY TO YOU.
HIGH RISK ACTIVITIES. The Software is not fault-tolerant and is not
designed, manufactured or intended for use or resale as on-line control
equipment in hazardous environments requiring fail-safe performance, such as in
the operation of nuclear facilities, aircraft navigation or communication
systems, air traffic control, direct life support machines, or weapons systems,
in which the failure of the Software could lead directly to death, personal
injury, or severe physical or environmental damage ("High Risk Activities").
ProLobe and its suppliers specifically disclaim any express or implied warranty
of fitness for High Risk Activities.