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license.txt
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license.txt
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The Rhythmyx PSO Tool Kit (“PSOToolkit”) contained herein is owned by
Percussion Software, Inc. (“PERCUSSION”). All patent, copyright, trademark,
trade secret, and other intellectual property rights are the exclusive
property of PERCUSSION. No conveyance of such rights are contemplated herein.
The license granted herein is solely for use of the PSOToolkit and is subject
to the Restrictions on Use below.
Restrictions on Use. Licensee, as defined by an appropriate Rhythmyx Software License
and Support Agreement, will use the PSOToolkit only within the premises of
its own facilities. Licensee will keep the PSOToolkit, including any source
code, strictly confidential and will not disclose such or any information
contained therein to any person or entity other than to those employees,
subcontractors, or third party development/support entities of Licensee having
a need to develop, support and maintain properly licensed Rhythmyx products,
and who will be covered by confidentiality agreements with terms similar in
intent to those contained herein. Licensee will take reasonable measures
to protect the PSOToolkit against any disclosure or use not authorized by
this restriction, including but not limited to limiting the number of copies
of the PSOToolkit to that reasonably required to develop, support and maintain
properly licensed Rhythmyx products. This Agreement contains no licenses
other than those expressly granted.
PERCUSSION MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND HEREUNDER,
EXPRESS OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY, TITLE,
NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE PSOTOOLKIT.
PERCUSSION DOES NOT WARRANT OR CONDITION THAT THE OPERATION OF THE PSOTOOLKIT
WILL BE UNINTERRUPTED OR FREE OF ERRORS OR VIRUSES.
IN NO EVENT SHALL PERCUSSION BE LIABLE TO ANY PARTY FOR ANY DAMAGES, DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE, RESULTING FROM
USE OF THE PSOTOOLKIT, REGARDLESS OF THE THEORY OF LIABILITY.