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SOLID Server LICENSE AGREEMENT
Solid Information Technology Ltd (Solid) agrees to grant to you and you accept a non-exclusive, non-transferable license to use SOLID Server computer programs and related documentation (Software) under the following terms and conditions:
1. LICENSE. Solid authorizes you to use the Software to the extent for which a license fee has been paid. You may not sublicense, rent, distribute, lease, or otherwise assign your rights in the Software. The license is not a sale of the Software, and Solid retains full title to the software recorded on the media contained in the Software. Solid reserves all rights not expressly granted to you in this License.
2. TERM. This License is effective from the date you open this package or use the Software, and shall remain in effect until terminated. You may terminate this License by destroying all complete and partial copies of the Software in your possession. The License shall terminate immediately if you fail to comply with any of its terms, in which case you will certify to Solid in writing that, to the best of your knowledge, the original and all copies or partial copies of the Software have been destroyed or returned to Solid. IN THE EVENT THAT THIS LICENSE IS A FREE EVALUATION LICENSE OF THE SOFTWARE, THE LICENSE IS EFFECTIVE FROM THE DAY YOU START USING THE SOFTWARE FOR A PERIOD OF 30 DAYS. THE SOFTWARE IS TIME-SENSITIVE AND WILL NOT FUNCTION UPON EXPIRATION OF THE 30-DAY PERIOD.
3. RIGHTS IN THE SOFTWARE. You acknowledge that the Software and any copies of it, regardless of the form or media in which the original or copies may exist, are the sole and exclusive property of Solid, and you further acknowledge that the Software, including the code, logic, and structure, constitute valuable trade secret rights that belong to Solid. You agree to secure and protect the Software consistent with the maintenance of Solid's rights in it, as set forth in this License. By accepting this License, you do not become the owner of the Software; Solid retains full title to the software recorded on the media contained in the Software.
4. COPIES AND OTHER RESTRICTIONS. The Software is protected by copyright law and international treaty provisions. Notwithstanding the copyright, the Software contains trade secrets and confidential information of Solid. You agree not to disclose or otherwise make available any part of the Software to any third party. You may make copies in machine-readable form of the computer program which is part of the Software, provided that the copies are used only for back-up or archival purposes, that no more than two complete or partial copies exist at any time, and that the copies contain the original copyright notice.
5. DISCLAIMER OF WARRANTY. The Software is provided 'as is' without warranty of any kind, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. Further, Solid does not warrant, guarantee, or make any representations regarding the use or the results of the use of the Software or its documentation in terms of correctness, accuracy, reliability, currentness, or otherwise. The entire risk as to the results and performance of the software is assumed by you. The above are the only warranties of any kind; no oral or written information or advice given by Solid or its employees shall create a warranty or in any way increase the scope of this warranty, and you may not rely on any such information or advice.
6. LIMITATION OF LIABILITY. You assume full and sole responsibility for any use you make of the Software and you bear the entire risk of any error in its functioning. You agree that regardless of the cause of any error or the form of any claim, your sole remedy and Solid's sole obligation shall be governed by this agreement, and in no event shall Solid's liability exceed the amount you paid for the software alleged to have given rise to the liability. Solid shall not be liable for any direct, indirect, consequential, or incidental damages (including damages for loss of business profits, business interruption, loss of business information, and the like) arising out of the use or inability to use the Software, even if Solid has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
7. U.S. GOVERNMENT RESTRICTED RIGHTS. The Software is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(2) of the commercial computer Software Restricted Rights Clause at FAR 52.227-19 and in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFAR 252.227-7013. Contractor/manufacturer is Solid Information Technology Ltd, Huovitie 3, 00400 Helsinki, Finland.
8. GENERAL. This license, including the Disclaimer of Warranty and Limited Warranty, merges all prior written and oral communications regarding the Software and sets forth the entire agreement between you and Solid, unless otherwise stated in a separate written agreement between you and Solid or authorized agent of Solid. This License shall be construed in accordance with the internal laws of Finland and all disputes shall have exclusive venue in the state court in Helsinki, Finland. If any term of this License shall be found invalid, the term shall be modified or omitted to the extent necessary, and the remainder of the License shall continue in full effect.
(End of License Terms)
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